Is there a credit agreement involved?
Where did you originally sign up? Within the premises of the gym?
Gym membership - credit rating?
- Thread starter iaind
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Is there a credit agreement involved?
Where did you originally sign up? Within the premises of the gym?
If they told you on the phone that it was fine to cancel, that's got to help you. And that they weren't meeting your expectations by not picking up the phone.
But yeah, not going to be easy.
Yep in person at the gym
Need to dig out the paperwork at home, or might pop down and have a chat with the manager on my way home from work
Only applies to contracts signed away from the permanent business premises or over the phone/net as far as I can see.
I did indeed - was just reading that on other sites now.
The manager did say over the phone that it would be cancelled without an issue so they obviously have the means to do it - whether he messed up and forgot to cancel it with the administration company or whether it was intentionally dodgy I dont know. FWIW the email was from the administration/finance company not the gym themselves
There might be a possible avenue to pursue here.
It doesn't sound like you've signed up to any 'credit agreement' and instead the gym are probably charging you a monthly charge for offering a 'service'. But if the full annual costs have been covered up front by a third party and you're then re-paying that credit indirectly - then there might be a small possibility that you could argue for a cooling off period of such an agreement. But I really do think you'll struggle to have any success down those lines.
Can only really suggest you search for similar cases online and see if other people have had any success - particularly with things like contacting head office and/or using social media to push for some action.
Your main case will probably have to revolve around 'unfair terms', so worth seeing if anyone's had previous success against your gym's specific terms of contract.
I think my immediate approach is going to be to go down there and try and speak to the manager face to face, being perfectly reasonable. If I dont get any joy there, I'll put something in writing to both parties.
I don't really see what recourse there could be - even if they take it to a debt collectors.... they're not likely to go to small claims for the few hundred quid they'll likely be pursuing, surely.
I don't really see what recourse there could be - even if they take it to a debt collectors.... they're not likely to go to small claims for the few hundred quid they'll likely be pursuing, surely.
Deleted member 66701
Deleted member 66701
Well your friend is wrong.
OK so been researching how far I can take this on principal.... It's not about the money, I could settle the annual fee without an issue if I need to.
Accepting that I'm probably contractually obliged to pay the money, I'm hopeful that the gym manager will be reasonable and that it was just a mistake. But if not and this Ryburn finance lot keep chasing they will I'm sure pass it to a debt recovery company at some point.
These companies have no power legally but might take it to small claims court. Once that claim is made, if I decide to dispute the claim and I'm not successful in arguing the toss, I'll have a CCJ made against me - right? But that could be removed from the file if I pay within a certain timeframe?
I'm quite happy to argue and send sarcastic letters but want to avoid anything that could harm my credit rating!
Accepting that I'm probably contractually obliged to pay the money, I'm hopeful that the gym manager will be reasonable and that it was just a mistake. But if not and this Ryburn finance lot keep chasing they will I'm sure pass it to a debt recovery company at some point.
These companies have no power legally but might take it to small claims court. Once that claim is made, if I decide to dispute the claim and I'm not successful in arguing the toss, I'll have a CCJ made against me - right? But that could be removed from the file if I pay within a certain timeframe?
I'm quite happy to argue and send sarcastic letters but want to avoid anything that could harm my credit rating!
Soldato
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If you pay a CCJ within 1 month you can have it removed from your credit file.
There have been court cases in the last few years which have shown some contracts for gym memberships to include unfair terms and as such be non binding.
https://www.citizensadvice.org.uk/c...d/gym-membership/cancelling-a-gym-membership/
I believe you both are partly wrong. Under contract law I think a posted offer of acceptance can be held valid regardless whether it was actually received. I don't believe the same applies for rejection of an offer.
Edit: that's from my basic legal training for ACA