Cancelling a contract direct debit?

Nitrojan

Nitrojan

Nitrojan

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Joined
12 Jan 2008
Posts
2,116
Back in July I signed a 12 month contract with eSporta Health & Fitness for £55 a month to use their facilities. All was well and good (I am a heavy gym-goer) until September when, unfortunately, I was involved in a car accident leaving me without a vehicle.

I contacted the gym and explained the situation and asked if I could put my membership on hold until I obtain another car. They responded to me telling me that I couldn't do this, and that I will just have to keep paying the £55 a month (they were quite rude actually). I contacted head office and was told the exact same thing.

Now, as of September I have been honoring my contract and paying them £55 a month, for nothing.. My question is this, it seems absolutely ridiculous to be paying £55 a month for something that I cannot use, and the gym are being very unreasonable following my circumstances.

A few people have told me to just cancel my direct debit and that I wont hear any more, but being 19 I did not want to take this advice as I cannot afford a CCJ or to be blacklisted at my age.

What I want to know is.. If I cancel my direct debit, what processes does the gym have to take in order to file a CCJ against me? Is it worth risking canceling it and seeing if they write to me? If they do write to me and I pay the fee.. will there be any harm to my credit rating?

What do I do? Carry on paying £55 for sod all until next July?:confused:
 
They'll pass the debt on to an agency who may or may not take things further. You're young and it's a small amount of money so I'd pay it rather than let it get potentially nasty.
 
Your contract is to use their facilities. They don't care how you get there.

If you had been hospitalised for an illness (as a result of the accident), you might have a case but they're more than likely going to tell you "tough", as you've already discovered. :(
 
[FnG]magnolia;20721402 said:
They'll pass the debt on to an agency who may or may not take things further. You're young and it's a small amount of money so I'd pay it rather than let it get potentially nasty.
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It's not that small. If he continues paying it till July thats a good £400+
 
When do you expect to get a new car? The start of your thread implies that you will be getting one at some point, but the end implies that you aren't going to until at least July (when, I assume, your contract is up anyway?)

To be honest, it's not the gym's fault that you're unable to transport yourself. I'd also argue that it's pretty immoral to cancel your direct debit when your lack of transport is nothing to do with them.
 
400 quid is nothing compared to legal action, CCJ etcs. Now, neither of things might happen but they could. Furthermore, he owes them the money. They are quite within their rights to expect it to be paid whether he uses the gym or not.
 
£55 a month for a gym, are you serions?

Not sure what the implications are but a contract is a contract, my gym was 6 months contract and £28 a month, not that will help you, btw I cycled to the gym for over 4 months until my bike was bleeding stolen right OUTSIDE the gym.

tbh losing your car does not mean you can cancel the contract, how do they know, you could be trying to cheap out of a contract.
 
Nitefly said:
That's black and white for contracts over 12 months, but it's shady for the OPs situation.
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maybe not
The ruling also opens the way for gym-goers to cancel their membership without cost, even within a one-year period, if the member has a genuine dispute about the quality of the gym. But consumers may have a tougher time challenging contracts in which they have been given a discount for agreeing to a one-year deal.
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arknor said:
if you have online banking sign up for it and you can cancel direct debits from there ;)
also
http://www.guardian.co.uk/money/2011/may/27/gym-contracts-unfair-rules-court

not for gyms :D
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Did you even bother to read it?

It's about long term contracts not 12 month ones. Infact it even acknowledges..

But consumers may have a tougher time challenging contracts in which they have been given a discount for agreeing to a one-year deal.
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if the member has a genuine dispute about the quality of the gym
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This isn't the case here. He has no issues with the quality of the gym, he has issues with his personal transport situation.
 
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