Gym Membership Cancelation and now claim
Discussion
So for 6 months last year I was on a roling 30 day contract with a well known gym chain a choose because of the lack of fixed term.
I also got a discount from the 34.95 to £29.00 per month.
They seemed to fly through staff and billed the higher amount twice in error.
I canceled with a letter via in july email and had issues in august with them taking 34.95 again. I complained and the manager said he would cancel it from them and no further charges. They then tried again in Sept so I canceled the card, I complained and the manager called me and tried to get me to pay £3 to to freeze for 3 months.
I stopped bothering talking to him after that in sept i was satisfied I had canceled it all.
They in dec 19 I get a letter from a debt collector claiming I owe 1 months member at £69.90 and £25 collection fee (1 months is 34.95 or 29 for me)
I have sent them all the cancelation emails, proof I sent the email and a letter.
They have now said as I didn't get proof of posting or acknowledgement of cancelation I liable for more monies claimed!
I also got a discount from the 34.95 to £29.00 per month.
They seemed to fly through staff and billed the higher amount twice in error.
I canceled with a letter via in july email and had issues in august with them taking 34.95 again. I complained and the manager said he would cancel it from them and no further charges. They then tried again in Sept so I canceled the card, I complained and the manager called me and tried to get me to pay £3 to to freeze for 3 months.
I stopped bothering talking to him after that in sept i was satisfied I had canceled it all.
They in dec 19 I get a letter from a debt collector claiming I owe 1 months member at £69.90 and £25 collection fee (1 months is 34.95 or 29 for me)
I have sent them all the cancelation emails, proof I sent the email and a letter.
They have now said as I didn't get proof of posting or acknowledgement of cancelation I liable for more monies claimed!
Absolutely DONT ask them to take you to court.
That’s just provocative and a red tag to a bull.
The “Debt” will have been sold to a collection firm who will send standard letters that get a % response.
First, don’t ignore.
Reply and spell out clearly and unequivocally exactly what you did in terms of cancellation and that you fully and explicitly complied with all terms and conditions required.
State that the onus is on them to prove further liability not on you to provide proof of posting and that furthermore is not stated in the terms.
Ask for acknowledgment of the letter and further state that any additional correspondence from yourself will be charged at £50 per letter to be added to any court judgement awarded in your favour should they pursue that route.
You’ll hear nothing more.
That’s just provocative and a red tag to a bull.
The “Debt” will have been sold to a collection firm who will send standard letters that get a % response.
First, don’t ignore.
Reply and spell out clearly and unequivocally exactly what you did in terms of cancellation and that you fully and explicitly complied with all terms and conditions required.
State that the onus is on them to prove further liability not on you to provide proof of posting and that furthermore is not stated in the terms.
Ask for acknowledgment of the letter and further state that any additional correspondence from yourself will be charged at £50 per letter to be added to any court judgement awarded in your favour should they pursue that route.
You’ll hear nothing more.
Thankyou4calling said:
Mr Surveyor
You’ve asked what to do.
I’ve told you what to do.
So decide
( I own 5 gyms and was previously Group Operations Director of the one you refer to)
Thanks, I have emailed them a letter to that effect.You’ve asked what to do.
I’ve told you what to do.
So decide
( I own 5 gyms and was previously Group Operations Director of the one you refer to)
They are in breach of there agreement pursing me for two months fees in anycase and they have ignored that point.
Also their agreement does not require letter vai royal mail, proof of posting or aknowledgement by them!
https://www.arceuropeltd.co.uk/customer-help/how-t...
Complaint in writing to the gym, complaint in writing in to ARC:
https://www.arceuropeltd.co.uk/customer-help/how-t...
Don't call. Don't discuss. If they have you number block and withdraw right to contact by phone. Tell them to stop all collections activity as the matter is now a complaint.
Then after 8 weeks escalate to the FOS.
Complaint in writing to the gym, complaint in writing in to ARC:
https://www.arceuropeltd.co.uk/customer-help/how-t...
Don't call. Don't discuss. If they have you number block and withdraw right to contact by phone. Tell them to stop all collections activity as the matter is now a complaint.
Then after 8 weeks escalate to the FOS.
surveyor_101 said:
Received a response today.
Stating don't accept my charge/s and remain instructed by their client to pursue the balance.
Its £29.95 + £5.00 for sept and the the same for October (Despite their contract saying 30 days notice)
plus £25 fee (In the contract)
Shall I Ignore
It depends on whether the gym has assigned the debt. Unlikely at this stage imo.Stating don't accept my charge/s and remain instructed by their client to pursue the balance.
Its £29.95 + £5.00 for sept and the the same for October (Despite their contract saying 30 days notice)
plus £25 fee (In the contract)
Shall I Ignore
If I were in your position I would tell the DCA that the matter is in dispute with the creditor and (politely) to FRO.
See the fourth reply on this thread
The DCA may well ignore you and continue to pester. That will not go down well with a judge should it go to court.*
Your chances of successfully claiming your proposed charge is slim to non-existent. Don't waste your time with that. Concentrate on the main issue.
Deal direct with the creditor and make sure everything is in writing for your audit trail. On no account engage in any verbal to & fro.
Especially with the DCA. If you do get ambushed by a phone call from the latter, make sure you record it and let them know that you are doing so,
* Note that failing a legal assignment, only the creditor can bring a claim.
As all gyms have just been ordered closed by Bojo, then i can predict a right mess ensuing as people want out and these type of shysters try every trick in the book to stop you from leaving. Or they will be extracting the absolute maximum out of there customers at exit and if you try to rejoin in 6-12 months rip you off again. Assuming there still in business of course.
MB140 said:
As all gyms have just been ordered closed by Bojo, then i can predict a right mess ensuing as people want out and these type of shysters try every trick in the book to stop you from leaving. Or they will be extracting the absolute maximum out of there customers at exit and if you try to rejoin in 6-12 months rip you off again. Assuming there still in business of course.
Should gyms be offering people to pause their payments then?MB140 said:
As all gyms have just been ordered closed by Bojo, then i can predict a right mess ensuing as people want out and these type of shysters try every trick in the book to stop you from leaving. Or they will be extracting the absolute maximum out of there customers at exit and if you try to rejoin in 6-12 months rip you off again. Assuming there still in business of course.
My Gym (Nuffield) was open until today, with extra restrictions, but contacted me a couple of weeks ago offering cancellation, suspension or extensions of membership.I took them up for three months, I could return if I wanted to, sooner or extend. The_Nugget said:
Pica-Pica said:
What’s a gym?
It’s a place people used pay monthly to go and run about but then never went. Then they closed them all in March 2020 and people realised they didn’t need them and their subscription model was a con.ETA: the latest Govt. thinking with restrictions seems to be ‘turn off for a month, turn on for a month’, so as not to overload the NHS.
‘Protect yourself, protect others, protect the NHS’ as the Chief Medical Officer says.
Edited by Pica-Pica on Friday 20th March 20:19
MB140 said:
As all gyms have just been ordered closed by Bojo, then i can predict a right mess ensuing as people want out and these type of shysters try every trick in the book to stop you from leaving. Or they will be extracting the absolute maximum out of there customers at exit and if you try to rejoin in 6-12 months rip you off again. Assuming there still in business of course.
Most gyms are being quite fair, David Lloyd policy below.Our loyal members are at the heart of our business. These times are unprecedented and while the club is closed, we will not debit your account with any membership fees from the start of April. Your membership will remain dormant and no further fees will be taken until the Club re-opens. We will find a way to credit you for the remaining days in March and will communicate this detail soon. We know you will have more questions but please bear with us
Is it to do with the way rolling month contracts are charged? This is how I read my contract:
Say I joined on 1st of the month. I can cancel at any time giving one full month's notice. That's not the same as 30 days from when I cancel.
So if I cancel today, 22nd March, I need to pay to he end of this month then one full month after that. I will need to pay at the end of March and the end of April.
If that's the case, what they're asking for is less than a lot of claims I've red about, and the monthly rate was pretty low anyway, so I'd be inclined to pay the extra month, see if they'll let you off the additional fee as it sounds like it wasn't explained properly.
When I cancel I will take great care to have signed for notification, and chase confirmation, although I don't know how last Friday's events will change it.
Say I joined on 1st of the month. I can cancel at any time giving one full month's notice. That's not the same as 30 days from when I cancel.
So if I cancel today, 22nd March, I need to pay to he end of this month then one full month after that. I will need to pay at the end of March and the end of April.
If that's the case, what they're asking for is less than a lot of claims I've red about, and the monthly rate was pretty low anyway, so I'd be inclined to pay the extra month, see if they'll let you off the additional fee as it sounds like it wasn't explained properly.
When I cancel I will take great care to have signed for notification, and chase confirmation, although I don't know how last Friday's events will change it.
alistair1234 said:
Most gyms are being quite fair, David Lloyd policy below.
Our loyal members are at the heart of our business. These times are unprecedented and while the club is closed, we will not debit your account with any membership fees from the start of April. Your membership will remain dormant and no further fees will be taken until the Club re-opens. We will find a way to credit you for the remaining days in March and will communicate this detail soon. We know you will have more questions but please bear with us
Yes, they are now, however last week before it was enforced they wanted 25% of my fee per month to pause my membership and to not use it, cheek!Our loyal members are at the heart of our business. These times are unprecedented and while the club is closed, we will not debit your account with any membership fees from the start of April. Your membership will remain dormant and no further fees will be taken until the Club re-opens. We will find a way to credit you for the remaining days in March and will communicate this detail soon. We know you will have more questions but please bear with us
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff