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Fitness First Cancelled Membership

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I joined fitness first middle of Feb 06, when I joined I asked if cancellation was possible if I moved house to which I was told no problem I could either cancel my memebership or transfer it to another gym. Naively I listened & signed on the dotted line. I paid £45 in joining fee £15.30 of this was Pro Rata & thankfully kept my receipt which detailed my 1st 4 DD payments, the first of which due in March last year was also pro-rata to cover the remainder of Feb 06.


When I moved in August 06 I tried to cancel my membership to which I was told I couldn't unless my new house would be at least 10 miles from a fitness first gym - as I was going to be 9 miles away I couldn't cancel & therefore didn't use the gym - no one ever asked me for my new address all they did was threaten that they would take me to court if I didn't pay.


In December of 06 I wrote to them giving notice of cancellation & after my the DD was paid in January I cancelled it! I had one phone call from them in Feb saying that I owed them another months money as Contracts ran from Feb to feb which to me sounds like 13 months not 12 - when I explained I had kept my receipt which proved I had made 12 payments & wouldn't be making any more she hung up!


I hadn't heard any more from them until I got a phone call from a debt collection agency yesterday asking me for my address as they were chasing up monies I owe to FItness First!


I am worried sick as we have just bought our first house & I can't afford to have a black mark against my name for the sake of £32 - I'm assuming they had sent letters but as they never asked for my new address I didn't give it to them & I stopped going to the gym when I moved!


I'm assuming a debt collection agency will be able to track my new address?


Any ideas on where I stand?? I can't understand why I'd have to make 13 payments on a 12 month contract?

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Guest strangewayofsavin

I am sure, that if you dispute a debt, until they provide proof of debt, any mark against your name could be met with court action by you, a 12 month contract is a 12 month contract, it must state in the original agreement that it would be a 13 payment plan, check your original agreement, write to them disputing the debt and ask for a copy of the original agreement with your signature on, they have to provide this under the consumer credit act 1974 s77 (1) for fixed monthly sums. they have to provide this within 30 days (I think), or be breaking the law. check what it states as most debt collection agencies use bully tatics even when they have no legal rights to persue the debt.

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