gah debt collection

Don't pay it, there isn't a court in the land that would enforce it, I had a similar situation and trading standards helped me win my case.

Similar in that you just cancelled your payments with zero record or proof that you'd even mentioned to the gym you wanted to cancel?
 
It's not ambiguous if the contract simply doesn't mention waiting times for equipment, surely? (I don't know what an average gym contract looks like so no idea what kind of "subject to availability" terms they use...)

I'm working on the assumption that the contract agrees to provide an acceptable level of service in lieu of any tangible numbers. If it then fails to define what 'acceptable' is, or where it becomes unacceptable, then it's entirely reasonable for the OP to challenge.
 
I'm working on the assumption that the contract agrees to provide an acceptable level of service in lieu of any tangible numbers. If it then fails to define what 'acceptable' is, or where it becomes unacceptable, then it's entirely reasonable for the OP to challenge.

Indeed.

At which stage you write a clear and concise recorded delivery letter to the head office. I personally would further supplement this with video and photo evidence of just how busy the gym is at the time that I was trying and unable to use it. Not only would this strength a case that you aren't getting the service you paid for and wish to terminate the contract, as a result, it may make the gym reconsider numbers and possibly introduce a minimum time per machine during busy periods, making it better for all users.

Has has been said though for the billionth time.... The OP did not do that, he cancelled his direct debit and has no recourse because there is nothing lodged to show his dispute with the service.

Live and learn.
 
Indeed.

At which stage you write a clear and concise recorded delivery letter to the head office. I personally would further supplement this with video and photo evidence of just how busy the gym is at the time that I was trying and unable to use it. Not only would this strength a case that you aren't getting the service you paid for and wish to terminate the contract, as a result, it may make the gym reconsider numbers and possibly introduce a minimum time per machine during busy periods, making it better for all users.

Has has been said though for the billionth time.... The OP did not do that, he cancelled his direct debit and has no recourse because there is nothing lodged to show his dispute with the service.

Live and learn.

While I don't disagree with your suggestion that the OP could have done more, I think he has done enough.

It would be interesting to learn the name of the gym so that we might be able to review their complaints procedure. Unless it explicitly indicates that these should all be made in writing, the OP is in the clear.
 
contract/credit are two separate things.

I doubt this would affect your credit file and they most they can pursuit is actual costs (not how much you should have paid on the contract). You don't actually have anything on credit.

My research may be a little old however.

I had an issue with a Gym not accepting an injury as a reason for me to be able to cancel my contract. They did the whole debt collection thing but it was fruitless on their part. There isn't much they can do truly.
 
I'm working on the assumption that the contract agrees to provide an acceptable level of service in lieu of any tangible numbers. If it then fails to define what 'acceptable' is, or where it becomes unacceptable, then it's entirely reasonable for the OP to challenge.

But the OP didn't challenge - he just stop paying.
"Acceptable level of service" - so who has to find the service acceptable? Maybe the OP finds 'no wait' the only acceptable service whereas the gym says 5-10 minutes is perfectly acceptable.
Should the OP not have questioned this word "acceptable" before signing the contract?
 
Sorry for thread hijack, but i'm looking to also cancel my Virgin Active membership within the 12 month contract period.

Basically I'm moving and will be more than 20mins (public transport) away from my nearest gym. I also had my locker broken into and my personal belongings stolen (have a crime reference number and notified gym).

The T&C's state:

However, if you would like to end your membership early due to other reasons beyond your reasonable control that prevent you from being able to use our clubs for example, you move to another area, please provide us with reasonable evidence and we will take this into account in dealin with your membership

Are these valid grounds to cancel my membership early?
 
"we will take this into account in dealin with your membership"

That's not clear-cut. That all depends on their definition of 'moving to another area'.
 
Sorry for thread hijack, but i'm looking to also cancel my Virgin Active membership within the 12 month contract period.

Basically I'm moving and will be more than 20mins (public transport) away from my nearest gym. I also had my locker broken into and my personal belongings stolen (have a crime reference number and notified gym).

The T&C's state:



Are these valid grounds to cancel my membership early?

Have you checked the T&C's for a mention of early termination fees aswell?
 
Pure gym are great, monthly rolling contact. cancel whenever you want.

I have heard rumours of ghey secs happening as its 24 hour but you should be ok if you go during daylight hours.
 
Offer them £1 a month for as long as you like and tell them to wipe off any admin/debt collection fees to start as well. Tell them that's all you can afford and they can't really prove otherwise or say no :)
 
But the OP didn't challenge - he just stop paying.
"Acceptable level of service" - so who has to find the service acceptable? Maybe the OP finds 'no wait' the only acceptable service whereas the gym says 5-10 minutes is perfectly acceptable.
Should the OP not have questioned this word "acceptable" before signing the contract?

He did challenge this in person, he was escencially told 'tough'. To me, this is not sufficient resolution on the gyms part, to a contractual dispute.

Again - Any ambiguity in a contract works in favor of the party that did not draw it up. It is for the Gym to clarify what defines acceptable, otherwise the customers view is taken. For example, moving out of the area... Is that neighbourhood? Town? County? Country?
 
Last edited:
IF you're not bothered about your credit rating, ignore the DCA, do not acknowledge any debt and hopefully it will become SB. I doubt it's enforceable without an original signed contract document. Otherwise pay if off.
 
Don't pay, the demand letters will end after a while. It won't go on your credit file if it was never on from the start of the contract.

CCJ is unlikely and even if it did come to that stage, you only get a CCJ if you don't deal with the claim before the CCJ is awarded. So only pay if a CCJ claim comes from Northampton Bulk Centre. :)
 
He did challenge this in person, he was escencially told 'tough'. To me, this is not sufficient resolution on the gyms part, to a contractual dispute

Indeed it isn't, but it's still worthless without any kind of written log of any of this. If this came to any kind of head, they say "No he didn't". Your one piece of evidence that any dispute was raised and that this isn't just somebody who decided they were happy with a bit of flab after all and thus cancelled his direct debit is now at best in doubt and at worst looking like a lie.

Again - Any ambiguity in a contract works in favor of the party that did not draw it up. It is for the Gym to clarify what defines acceptable, otherwise the customers view is taken. For example, moving out of the area... Is that neighbourhood? Town? County? Country?

I can see that you're rooting for the little guy here, but this is ass backwards, any ambiguity in terms of defined service levels is in favour of the gym for the members to challenge, and that leads us right back to the above.
 
Back
Top Bottom