Gym contract...Messy issue!
Gym contract...Messy issue!
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Discussion

Garym85

Original Poster:

99 posts

179 months

Monday 5th May 2014
quotequote all
Evening all,

First, Apologies if this is in the wrong section. Have no idea where it should be.

Looking for some advice here.

I had a previous issue with my gym(national hotel chain) where I sent my letter to cancel my contract and was then contacted a couple of months later to tell me my payment had been missed as I have cancelled my direct debit. I told them this was accurate as I cancelled after the final payment should have come off. To which they told me that they had not received my cancellation notice.
After much debate in a number of heated email exchanges they told me they were sending it to a private debt recovery firm... I responded with much sarcasm telling them I look forward to that as 1. I had cancelled and it was their idiotic staff who didnt action a letter and 2. legally the debt recovery firm had no grounds or power to enforce it.
week later the debt recovery firm sent me a snooty letter so I returned it with a snooty phone call.
they told me verbally that they had closed the case and that was the end of the matter...


so... Fast forward a couple of years, to this January. I rejoined the gym (why I still dont know!) but they said that there was still notes on their system and would confirm with head office that the slate was wiped clean.
After using the facilities for a few weeks I receive a letter that my membership was suspended until they receive the payment from my previous time.

However.... This is the question, Its a number of months on and I've not actioned it until now as I've been unfortnate enough to have two deaths in the family within weeks of each other followed by a broken ankle!

Am I correct in saying they have broke almost every rule in the book by continuing to debit my account every month despite being suspended? they have sent me one letter and made no real effort to resolve this( neither have I for reasons stated above).

The money they have since taken is almost 3 times that what the debt was.

help appreciated.









Mr Happy

5,908 posts

251 months

Monday 5th May 2014
quotequote all
Can't help with the contract issue, however if you sack them off again after all of this, put some consideration into joining here: http://www.thegymgroup.com/

It's a one-month rolling contract, you can cancel whenever you want and the kit they have is all pretty good. I joined up after using the local authority gym (twice as much, with worse equipment) and haven't looked back.

Mr Pies

8,999 posts

218 months

Monday 5th May 2014
quotequote all
Do you pay by direct? If they've continued to debit your account without your authorisation you can get that money back by activating the direct debit guarantee.

I'm not going to take credit for this, someone on here told me about it.


http://www.directdebit.co.uk/DirectDebitExplained/...

Garym85

Original Poster:

99 posts

179 months

Monday 5th May 2014
quotequote all
Thanks, Yes its direct debit. When I rejoined in January I signed a 12 month contract but this was before they highlighted to me that they were suspending me until I payed the due amount from the last time.

To be honest, its a nice, private gym. good facilities, local and ideal to use before and after work but I refused to pay the last time because I had indeed sent my cancellation letter and it was purely out of principal.

Disco You

3,749 posts

211 months

Monday 5th May 2014
quotequote all
What are they saying now?

Garym85

Original Poster:

99 posts

179 months

Wednesday 7th May 2014
quotequote all
Nothing yet...

2 days and no reply to my email to them.I was giving them until today before phoning them tomorrow and if im being honest...kicking up hell!

If it hadnt drawn on for almost 4 months of them taking payments I would have called a truce and moved on but they can now stick it. I am requesting they drop this, repay me my money and leave it at that or I will take it much much further.

randlemarcus

13,646 posts

262 months

Wednesday 7th May 2014
quotequote all
Garym85 said:
Nothing yet...

2 days and no reply to my email to them.I was giving them until today before phoning them tomorrow and if im being honest...kicking up hell!

If it hadnt drawn on for almost 4 months of them taking payments I would have called a truce and moved on but they can now stick it. I am requesting they drop this, repay me my money and leave it at that or I will take it much much further.
And yet not far enough to read the Direct Debit Guarantee post from Monday. You could have had the last four months fees back in your account by now.

JustinP1

13,364 posts

261 months

Wednesday 7th May 2014
quotequote all
randlemarcus said:
Garym85 said:
Nothing yet...

2 days and no reply to my email to them.I was giving them until today before phoning them tomorrow and if im being honest...kicking up hell!

If it hadnt drawn on for almost 4 months of them taking payments I would have called a truce and moved on but they can now stick it. I am requesting they drop this, repay me my money and leave it at that or I will take it much much further.
And yet not far enough to read the Direct Debit Guarantee post from Monday. You could have had the last four months fees back in your account by now.
Indeed.

It took me 15 mins to get £400 of debits back.

I find that companies are much more flexible when they owe you money.

Garym85

Original Poster:

99 posts

179 months

Wednesday 7th May 2014
quotequote all
True, I could have. I'd rather resolve it and go back to the gym though.

If I get nowhere tomorrow the first port of call is contacting my bank.

Then its directly to their managing director... unbeknown to them, I deal with them professionally albeit an entirely different area of their business.

onyx39

11,349 posts

181 months

Wednesday 7th May 2014
quotequote all
Mr Happy said:
Can't help with the contract issue, however if you sack them off again after all of this, put some consideration into joining here: http://www.thegymgroup.com/

It's a one-month rolling contract, you can cancel whenever you want and the kit they have is all pretty good. I joined up after using the local authority gym (twice as much, with worse equipment) and haven't looked back.
I'll be having some of that! Cheers!

mustdash

360 posts

159 months

Wednesday 7th May 2014
quotequote all
I had similar with a well known hotel chain that rhymes with 'Billage'.

I cancelled my gym membership to move across the pond for several months. Came home to several snotty letters from their debt collection co. Phoned them and explained I'd cancelled the membership and the reasons why. They said that the notification hadn't been received. They also said that I couldn't have cancelled as the gym didn't do a rolling contract. I explained that they did, because the copy of the contract I had said so. They wanted me to send them a copy of it and said "the courts won't like it if you don't provide us with that info". I told them that actually, the court wouldn't like it if they took me to court without having all the correct documentation from their client. A quick call to the membership person from the gym, who repeated that they'd not received my cancellation notice, followed by her discussing payment and membership details of my girlfriend.....

A swift trip up to the gym (I'd not been able to find my copy of the cancellation form) and a chat with the manager concerning them taking money from my account and their staff discussing other peoples accounts with me led to a full refund of all the money they'd taken when they shouldn't have, refunds of bank charges and £100 good will hush money.....

Terminator X

20,977 posts

235 months

Wednesday 7th May 2014
quotequote all
Brilliant OP, fookin pissing myself with laughter rofl awesome stuff!

TX.

Du1point8

22,965 posts

223 months

Thursday 8th May 2014
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I had a lovely one with a gym in London...

Broke leg and needed to put the membership on hold as I couldnt use the gym and asked if they would freeze the account at £0 a month as it was physically impossible for me to use the gym, I would start it up again for my rehab, etc...

They refused outright and wanted me to keep paying the full amount for the remaining 9 months on the contract.

Said I would see them in a few months and they better have full public liabilty insurance sorted, as I would be wobbly on my feet after no usage of the leg for a few months and it would awfully bad to injury myself on the wet slippy floor between the pool and the gym that you had to walk on from the changing rooms.

Phone call from a senior manager within 10 mins, an apology and they will happily cancel or put the account on a freeze until I was ready to come in, but please inform them if I do decide to come in early...

Cancelled there and then... was stupid they would not be more accomodating, when all I required was some breathing time for the bones to heal and teach myself to walk again before I start using the gym/swimming again.

Garym85

Original Poster:

99 posts

179 months

Thursday 8th May 2014
quotequote all
Terminator X said:
Brilliant OP, fookin pissing myself with laughter rofl awesome stuff!

TX.
Apart from urinating yourself, do you have anything constructive or remotely interesting to add?


I came on looking for advice, not ridicule...

SV8Predator

2,102 posts

196 months

Thursday 8th May 2014
quotequote all
Garym85 said:
I came on looking for advice, not ridicule...
You've been on PH for 29 months! (Apparently.)


Garym85

Original Poster:

99 posts

179 months

Thursday 8th May 2014
quotequote all
mustdash said:
I had similar with a well known hotel chain that rhymes with 'Billage'.

I cancelled my gym membership to move across the pond for several months. Came home to several snotty letters from their debt collection co. Phoned them and explained I'd cancelled the membership and the reasons why. They said that the notification hadn't been received. They also said that I couldn't have cancelled as the gym didn't do a rolling contract. I explained that they did, because the copy of the contract I had said so. They wanted me to send them a copy of it and said "the courts won't like it if you don't provide us with that info". I told them that actually, the court wouldn't like it if they took me to court without having all the correct documentation from their client. A quick call to the membership person from the gym, who repeated that they'd not received my cancellation notice, followed by her discussing payment and membership details of my girlfriend.....

A swift trip up to the gym (I'd not been able to find my copy of the cancellation form) and a chat with the manager concerning them taking money from my account and their staff discussing other peoples accounts with me led to a full refund of all the money they'd taken when they shouldn't have, refunds of bank charges and £100 good will hush money.....
Sounds reasonably similar, I've spoke to the operations manager who wasn't much use. She told me that all memberships go though centrally at head office... She wasn't sure what to say when I told her I didn't have to go to head office to join!!

So, I'm waiting on the person In change of memberships to phone me tomorrow afternoon. She did suggest I'd expect to get my money back, compensated and old 'debt' cancelled.

Thanks for help