Monthly rolling gym membership
Discussion
I had been a member of my previous gym for around 2 years, until earlier this year when I switched to another closer to home.
Following the first year's membership, I was placed on a rolling monthly contract. I cancelled my direct debit to the gym on 20/04 asking for membership to cease w.e.f. 03/05 which is when my next payment would have been due.
I have today received a letter chasing me for 1 month of unpaid membership. I put a call in to the payment helpline asking why this was, and they advised that I would needed to have cancelled my membership prior to 17/04 in order for the payment due 03/05 to not be taken. They confirmed that if I do not settle the balance, the "debt" will be sold to a recovery agency and incur a £30 admin fee initially, plus any other penalties that the debt recovery firm add to that. They will not waive the months membership due under any circumstances.
I assume that I'll end up having to pay this, but to double check, I've requested to see a copy of the contract I originally signed. I've yet to be provided with this.
So, as I've unknowingly been a member for the last 18 days (so have not used the gym at all) and they are yet to provide me with a copy of the contract, should I just pay up or hold back from doing so until I've seen a copy of the signed contract? What does the law say with regard to rolling contracts?
Following the first year's membership, I was placed on a rolling monthly contract. I cancelled my direct debit to the gym on 20/04 asking for membership to cease w.e.f. 03/05 which is when my next payment would have been due.
I have today received a letter chasing me for 1 month of unpaid membership. I put a call in to the payment helpline asking why this was, and they advised that I would needed to have cancelled my membership prior to 17/04 in order for the payment due 03/05 to not be taken. They confirmed that if I do not settle the balance, the "debt" will be sold to a recovery agency and incur a £30 admin fee initially, plus any other penalties that the debt recovery firm add to that. They will not waive the months membership due under any circumstances.
I assume that I'll end up having to pay this, but to double check, I've requested to see a copy of the contract I originally signed. I've yet to be provided with this.
So, as I've unknowingly been a member for the last 18 days (so have not used the gym at all) and they are yet to provide me with a copy of the contract, should I just pay up or hold back from doing so until I've seen a copy of the signed contract? What does the law say with regard to rolling contracts?
What is the anniversary date (i.e. when the original contract expired)? The monthly date will run on from that. I will bet that the T&Cs will state the advance notice period required to cancel. Sounds like it's one month in your case and you failed to provide it. Don't assume that the payment due date is the 'anniversary' date. It may be, but you can't be sure until you receive the documentation you have asked for.
When you asked for a copy did you make it clear that this was a prerequisite in order to establish your liability to pay the amount they are demanding?
When you asked for a copy did you make it clear that this was a prerequisite in order to establish your liability to pay the amount they are demanding?
Red Devil said:
What is the anniversary date (i.e. when the original contract expired)? The monthly date will run on from that. I will bet that the T&Cs will state the advance notice period required to cancel. Sounds like it's one month in your case and you failed to provide it. Don't assume that the payment due date is the 'anniversary' date. It may be, but you can't be sure until you receive the documentation you have asked for.
When you asked for a copy did you make it clear that this was a prerequisite in order to establish your liability to pay the amount they are demanding?
Thanks for the response.When you asked for a copy did you make it clear that this was a prerequisite in order to establish your liability to pay the amount they are demanding?
I'll have to check the anniversary date, but I'm almost certain that it is the 3rd of every month. Assuming that's correct, the original contract would have expired on 03/03/2013 before I was moved onto a rolling monthly contract.
I said that I'd like to see a copy of the contract before making payment. I said that providing what I had signed tied up with what they were now saying, I'd settle payment immediately. Perhaps I should have made it clearer that satisfactory receipt of a copy of the signed contract was a prerequisite?
ging84 said:
so you were on a rolling contract, and instead of contacting the gym and cancelling the contract, you simply stopped the payment with your bank and expected that to be the end of it?
Tc24 said:
I cancelled my direct debit to the gym on 20/04 asking for membership to cease w.e.f. 03/05 which is when my next payment would have been due.
Sorry, reading that part back doesn't make it particularly clear. I cancelled my direct debit and emailed them my intentions to cancel w.e.f. 03/05 on 20/04.Sounds like 14 days notice to me. Payment date is irrelevant, that's just the day the money goes out. My Sky bill goes out on the 16th of the month, but the contract date is the 20th of the month.
Perhaps you could pay pro-rata for the three days you were late in giving the 14 days notice. Going back to Sky, that's how they do it (can you tell I cancelled my Sky subscription recently?).
This is just a guess, of course, I'm probably totally wrong, but that's what you get for asking the internet and not a solicitor.
Simon.
Perhaps you could pay pro-rata for the three days you were late in giving the 14 days notice. Going back to Sky, that's how they do it (can you tell I cancelled my Sky subscription recently?).
This is just a guess, of course, I'm probably totally wrong, but that's what you get for asking the internet and not a solicitor.
Simon.
Tc24 said:
...
What does the law say with regard to rolling contracts?
The law says look at what the contract says and apply that (subject to some exceptions that may not apply here). There is no general rule about rolling contracts. Subject to any supervening legislation, all depends on what the parties agreed. What does the law say with regard to rolling contracts?
You should have cancelled the membership properly ie by speaking with them and finding out what notice was required.
Having said that there is really not much they can do. The debt recovery firm can't do much without a Court order and it would not be cost effective for the gym to take that route.
Having said that there is really not much they can do. The debt recovery firm can't do much without a Court order and it would not be cost effective for the gym to take that route.
Standard tactic to get more cash it seems.
I cancelled a gym membership a few years ago & after I'd stopped paying they pretended to have no record of the letter I sent them cancelling it & claimed I'd have to pay an extra month.
No idea how it ended as I moved house & may have 'forgot' to tell them my new address as I was bored of arguing that their error isn't a valid reason to charge me extra.
I cancelled a gym membership a few years ago & after I'd stopped paying they pretended to have no record of the letter I sent them cancelling it & claimed I'd have to pay an extra month.
No idea how it ended as I moved house & may have 'forgot' to tell them my new address as I was bored of arguing that their error isn't a valid reason to charge me extra.
Recently cancelled my gym membership in order to move elsewhere. They were actually really helpful!
As I had been a member for over a year (2.5 years ish total), there was no cancellation notice period (would have been 2 months if in first 12 months membership), and because I asked them to cancel it before the 15th of the month, it was cancelled there and then with no future payment to be taken (bill date is always 1st of the month).
I received a receipt from the woman handling the cancellation confirming I had requested for it to be cancelled and a few days later received a letter by post with a similar confirmation of cancellation.
Just for good measure, I cancelled the direct debit with the bank too
As I had been a member for over a year (2.5 years ish total), there was no cancellation notice period (would have been 2 months if in first 12 months membership), and because I asked them to cancel it before the 15th of the month, it was cancelled there and then with no future payment to be taken (bill date is always 1st of the month).
I received a receipt from the woman handling the cancellation confirming I had requested for it to be cancelled and a few days later received a letter by post with a similar confirmation of cancellation.
Just for good measure, I cancelled the direct debit with the bank too
Thanks for the advice everybody.
The gym did send me a copy of the contract, which tied up with what they said. Although I'm still slightly miffed nobody responded to my email to point out I'd still have to pay another month's membership, I've paid the outstanding balance and that should be the end of it.
A lot of people seem to get away with just ignoring it and hoping it goes away, but knowing my luck, I would have had an example made of me
Cheers again all.
The gym did send me a copy of the contract, which tied up with what they said. Although I'm still slightly miffed nobody responded to my email to point out I'd still have to pay another month's membership, I've paid the outstanding balance and that should be the end of it.
A lot of people seem to get away with just ignoring it and hoping it goes away, but knowing my luck, I would have had an example made of me
Cheers again all.
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