Cancelling a contract direct debit?

J-FRO · 4 Dec 2011 at 23:30

I would ask any of your mates/family if any of them would like to buy your membership out for the rest of it's term.

Many people will want to "join a gym" from the new year anyway, and if you say to someone I'll let you have my £55 gym membership for the last seven months for say £35 a month, they may be inclined to do it as they're then not tied down to a 12 month contract and you're not wasting £55 a month, but instead only about £20.

arknor · 4 Dec 2011 at 23:31

[TW]Fox;20721513 said:
Did you even bother to read it?

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

This isn't the case here. He has no issues with the quality of the gym, he has issues with his personal transport situation.

im sure he does if it helps him get out of a contract

i dont know why people get gym contracts though i know a few gym goers and non of them have contracts

cheets64 · 4 Dec 2011 at 23:32

manic111 said:
Anyone fancy going through the case report? I can't be bothered and need to go to sleep!

http://www.bailii.org/cgi-bin/marku...2011/1237.html&query=ashbourne&method=boolean

Mrs Nicola Edwards entered into a gym club membership agreement on 1 April 2010 for a minimum period of 36 months

THIRTY SIX MONTHS

people that dont read the small print deserved to be taken to the cleaners, I read my contract when I signed, was min of 6 months, then you could hold the membership for 2 months paying £5 a month.

00bob00 · 4 Dec 2011 at 23:32

Think you've accidently misread it Nitefly: It says "Anyone locked into a gym contract of a year or more" in the article, so the OP applies (as he has a 12 month contract)

Case dismissed! Law degree acquired.

manic111 · 4 Dec 2011 at 23:36

00bob00 said:
Think you've accidently misread it Nitefly: It says "Anyone locked into a gym contract of a year or more" in the article, so the OP applies (as he has a 12 month contract)

Case dismissed! Law degree acquired.

It also states that people who were offered a discount for signing up for a year entered a contract of that length knowingly and fairly. The implication, I would assume, is that if I enter a 12 month contract without any acknowledgement (aside from in the small print) that the contract is that long, then this is unfair. However, when a discount is offered, then the length of the contract has therefore been made reasonably obvious to me. As such, this is not unfair trading.

Therefore, OP, I guess the question is whether you knew the contract was 12 months long?

Nitefly · 4 Dec 2011 at 23:39

00bob00 said:
Think you've accidently misread it Nitefly: It says "Anyone locked into a gym contract of a year or more" in the article, so the OP applies (as he has a 12 month contract)

Case dismissed! Law degree acquired.

Justice Kitchin para. 174 said:
In the case of these agreements I have come to the conclusion that the threshold is higher and that a significant imbalance in the parties' rights and obligations in a manner or to an extent which is contrary to good faith only arises in those cases in which the minimum term exceeds 12 months, that is to say those which provide for a minimum membership period of 24 or 36 months. My conclusion in relation to these later agreements might well have been different had they permitted the member to terminate after 12 months on, say, 30 days notice, perhaps with a provision requiring the member to pay the difference between the agreed subscription and that for a rolling monthly membership for the period prior to the date of termination.

Firstly:

1) It doesn't cover the OPs specific case as it only relates to those contracts and can only be used as supporting
2) The language used suggests 12 months is acceptable
3) Point 2) must be viewed in light of the fact that this was in reference to 24 and 36 month contracts.

It's not black or white...

cheets64 · 4 Dec 2011 at 23:44

Nitefly said:
Firstly:

1) It doesn't cover the OPs specific case as it only relates to those contracts and can only be used as supporting
2) The language used suggests 12 months is acceptable
3) Point 2) must be viewed in light of the fact that this was in reference to 24 and 36 month contracts.

It's not black or white...

But could a gym just say "OP walk"

If he can go to the gym he can walk to the gym! Able-bodied

Nitrojan · 4 Dec 2011 at 23:44

Nitefly said:
This goes without saying, but have you actually taken a close look at your contract for any sort of relevant break clause?

Yeah, states that I can cancel if I become redundant and/or move within a 20 mile radius of the gym.

Fox, it wont take me 7 months.. but I have gotten to a stage now where I don't want to continue using that gym because I am absolutely disgusted at how they have reacted and their rudeness to me over the phone.

Regarding selling off my membership, £55 a month is a student only rate! So it'd have to be sold to another student.. unlikely lol

I can't walk as it's dual carraigeways, it's 15 miles from my home but 4 miles (by car) from my work.. Buses aren't an option as the last bus home for me is 8pm.. I finish work at 5pm, but would need to get 2 buses (effecitively doubling back on myself) to get to the gym.. and back again.. traveling to and from the gym would mean it isn't worth it unless I enjoy 5 minute workouts.

jon86 · 4 Dec 2011 at 23:52

I have a membership with Esporta and I have heard that they can be a nightmare to deal with if you stop paying your fees before the contract expires. A friend recently just cancelled her Direct Debit and I believe Esporta got a debt collection agency (and bailiffs) involved.

Skillmister · 4 Dec 2011 at 23:59

cheets64 said:
£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.

Thats esporta for you. When i tried to join they offered me £55 for a 'student' membership which was completely unflexible, had restricted useage times and cost only £5 per month less than a standard membership

Couple of years ago it was fantastic but it's gone downhill rapidly since new ownership iirc

Ricochet J · 4 Dec 2011 at 23:59

Nitrojan said:
I can't walk as it's dual carraigeways, it's 15 miles from my home but 4 miles (by car) from my work.. Buses aren't an option as the last bus home for me is 8pm.. I finish work at 5pm, but would need to get 2 buses (effecitively doubling back on myself) to get to the gym.. and back again.. traveling to and from the gym would mean it isn't worth it unless I enjoy 5 minute workouts.

Bike (cycle) it from work? You can buy a cheap bike for £100 until you buy a car. 4 miles will take you 15 mins.

Nitrojan · 5 Dec 2011 at 00:02

Ricochet J said:
Bike (cycle) it from work? You can buy a cheap bike for £100 until you buy a car. 4 miles will take you 15 mins.

Wouldn't leave me much time, and I'd need to bike back to work late in the evening just to get a bus back home when I could have got one from the gym

lol

Ricochet J · 5 Dec 2011 at 00:04

Nitrojan said:
Wouldn't leave me much time, and I'd need to bike back to work late in the evening just to get a bus back home when I could have got one from the gym lol

15 mins there by bike after work.
15 mins back to work to park bike.
Then go home.

You were going to home from work as if you weren't using the gym anyway. :confused:

Nitrojan · 5 Dec 2011 at 01:06

Ricochet J said:
15 mins there by bike after work.
15 mins back to work to park bike.
Then go home.

You were going to home from work as if you weren't using the gym anyway.

Getting home involves 2 buses and 2 sets of timetables (different companies). The buses from my work to the place I have to change to the next bus are limited.

Ricochet J · 5 Dec 2011 at 01:40

I don't think you can get out of the contract without any detriment to your credit rating. It does depend if the DD is based on a credit check. Not all are. Sky tv for example is available to everyone, as credit checks aren't done. In theory someone with a Zimbabwean credit rating can get Sky tv. If they terminate they would need to pay an early termination fee.

My advice is try biking it (I hear your concerns about the limited buses). Borrow someone's bike if you need to. The £50 DD will debit your account regardless so you have nothing to loose.

arknor · 5 Dec 2011 at 01:45

Ricochet J said:
Bike (cycle) it from work? You can buy a cheap bike for £100 until you buy a car. 4 miles will take you 15 mins.

you fancy cycling on a dual carriageway?

Glaucus · 5 Dec 2011 at 01:46

Just buy a car and go.
How long is it going to take to replace a car, you already said it won't take Severn months. No point cutting your nose of to spite your face.

Ricochet J · 5 Dec 2011 at 01:56

arknor said:
you fancy cycling on a dual carriageway?

Admitidely I'm assuming there's an alternative route to the gym which doesn't involve the dual carriageway.

Linkex · 5 Dec 2011 at 02:49

Assuming your contract dosen't say anything specific about lockers, heres an idea - You know those fake 1 pound coins you can get that are designed to clip to your keys for trolleys and things? Bulk buy a couple of hundred of them, and then go in and take up every locker you can. Leave with said keys and tell them you intend to use the lockers for the duration of the your contract...

Yes, I know this wouldn't really work, but I still think it's a fun idea.

Stretch · 5 Dec 2011 at 03:14

£55 a month for student membership, how much is it normally?