Does ‘in writing’ include email?

[nuyorican]

The initial message was deleted from this topic on 28 November 2024 at 11:13

[alscar]

Yes.
In addition to the “ proof “points you make a lot of documents are now also signed electronically.

[JQ]

nuyorican said:

Not specifically finance related this, but looking to leave my gym contract recently and found the instructions buried in the small-print t&c’s to cancel ‘in writing’ giving one month notice.

Fair enough, fired off an email giving my months notice and intention to leave. But just wondering if email constitutes ‘in writing’? I mean, it should, as there’s an actual record of it being sent rather than ‘in writing’ by post.

Parking is a pain there which is the reason I’m leaving but if ‘in writing’ means handing over ink-stained paper in person then so be it. But there’s no record of them receiving that if they wanted to be difficult…

I work in finance and am involved in multi-million pound transactions - all correspondence is by email, nobody sends anything in the post anymore, even the solicitors.

However, that doesn't mean your gym is not going to be awkward, lots of gyms seem to have form for it. I'd definitely ask them the question just to be sure and if they don't respond drop a signed hard copy of your email into reception.

[Mr Pointy]

Does correspondence from the gym come as email or via the post? If via email then I'd suggest email is the accepted form of communication.

[Simpo Two]

nuyorican said:

if ‘in writing’ means handing over ink-stained paper in person then so be it. But there’s no record of them receiving that if they wanted to be difficult…

Nor of an e-mail, you only have record it was sent - it may have gone into spam. For a while last year every e-mail I sent to gmail addresses just vanished into the ether.

'Signed for' post is probably the best way if you want to be (and look) serious.

[Red9zero]

Simpo Two said:

nuyorican said:

if ‘in writing’ means handing over ink-stained paper in person then so be it. But there’s no record of them receiving that if they wanted to be difficult…

Nor of an e-mail, you only have record it was sent - it may have gone into spam. For a while last year every e-mail I sent to gmail addresses just vanished into the ether.

'Signed for' post is probably the best way if you want to be (and look) serious.

You could use a read receipt. It won't prove who read it though of course.

[Ken_Code]

Simpo Two said:

Nor of an e-mail, you only have record it was sent - it may have gone into spam. For a while last year every e-mail I sent to gmail addresses just vanished into the ether.

That’s still arrived though.

[Hoofy]

I'd probably phone to confirm receipt. Don't mention "in writing" and see if they mention it as not being acceptable.

[Simpo Two]

Red9zero said:

You could use a read receipt. It won't prove who read it though of course.

With my software, if someone's requested a read receipt, I get the option to send one or not - so it's not infallible.

That said for almost every purpose e-mails are accepted; I've had a couple of S75 cases where everything was e-mail and they were fine.

Not suitable for serving court papers though, unless the other party has agreed.

[Wacky Racer]

For the sake of a couple of quid, why not just send a hand written letter by recorded post as well?

Covering your back then.

[JagYouAre]

I cancelled a gym membership a few months back (small local gym, not a chain) and emailed to say I was doing so and what did I need to do. They said no problem just cancel the DD, which I did. Next month I had an email from them (same person) saying is everything OK as they hadn't received my DD, to which I reminded them of my email

In your situation I would probably just send the email, assume delivered, cancel DD and if they question it show them the email (assuming you are sure it's been sent to the right place and you are not in a contract).

As someone above mentioned hardly anybody faffs around sending letters these days for important stuff, let alone a gym cancellation.

[Simpo Two]

Wacky Racer said:

For the sake of a couple of quid, why not just send a hand written letter...

A typed letter would also work

nuyorican said:

Think I’ll do the signed for post as a ‘belt and braces’ for my own peace of mind. As I’ve had no response to my email and as a previous poster said: gyms do have form for this type of thing.

Yes, e-mails are easy to ignore if they're not what the recipient wants to read.

nuyorican said:

If I cancel my DIrect Debit after the next payment, which covers me for the one month’s notice, then they can’t ‘reactivate’ it can they?

Possibly, so keep an eye out and talk to your bank if it happens. Use a copy of your letter as proof to get it refunded.