Mis-signed Contracts

[jimmyd123]

I was hoping some of you knowledgeable people could help.

I recently cancelled my membership with my local gym, yes that's right, I didn't use it.
Now the membership contract is in my name, but signed by someone else, surely this makes the contract void? I'm not trying to get out of paying, I've paid all through the cancellation period, but now they chasing for more.

So my question is. Does this contract form a legal agreement?

If they continue to chase, am I entitled to a full refund on past months as they had no right to take the money? I probably won't bother with this part (if possible) as the service I recieved was fine up until recently.

Thanks

[H_Kan]

Not necessarily, as a contract can be signed on your behalf by your agent. Ie. A 16yr old joining David Lloyd would probably need parents to sign up for them.

However if you have cancelled correctly then tell them where to go.

[jimmyd123]

Would I not have had to agree to them signing on my behalf?

Also does it not need PP (per procurationem) by the name?

I can't find my signed reciept for cancellation, b0l0x

[Jasandjules]

jimmyd123 said:

Would I not have had to agree to them signing on my behalf?

Also does it not need PP (per procurationem) by the name?

I can't find my signed reciept for cancellation, b0l0x

Who signed it?

[GreenV8S]

I'm not a lawyer, but it seems to me that by paying without disputing the existence of the contract you have implicitly accepted it.

I expect that the rush of people signing up in January and then dropping out must be an important part of their business model, so I can see why they would try to bully you into making further payments. If they do this to everyone it's probably quite profitable.

So, if you want to cancel I think you need to be absolutely sure you're doing it according to the terms of the contract and that probably means in writing, even if the oik at the desk tells you it isn't necessary.

[jimmyd123]

It was a gift from my Mum, who signed and had been paying it.

I did wonder if use of the gym may imply consent for my mother signing it on my behalf.

I've asked them to provide a copy of the contract as I have heard they often lose them.

[Jasandjules]

The gym has any contract with your mum, for which you benefit as a Third Party. You are not required to pay. You have the right of cancellation as per the Contract, Rights of Third Party Act I would assume and you have the right of benefit thereunder, but as it was a gift your mother has not acted as your agent in entering into any contract on your behalf (sorry, my contract law is poor, it was 1st year law and I only did enough to get a high 2:1 at the end of the year)..

[jimmyd123]

Jasandjules said:

The gym has any contract with your mum, for which you benefit as a Third Party. You are not required to pay. You have the right of cancellation as per the Contract, Rights of Third Party Act I would assume and you have the right of benefit thereunder, but as it was a gift your mother has not acted as your agent in entering into any contract on your behalf (sorry, my contract law is poor, it was 1st year law and I only did enough to get a high 2:1 at the end of the year)..

Sounds good, or at least enough to get them to feck off.

Cheers