Cancelling Credit Card Transaction

kazul

Hi. My wife was talked into paying 770 euro for Educo gym membership yesterday. I reckon it's a waste of money and she's calling in this afternoon to return supplements and tell them she has changed her mind. There was no written contract, no T&Cs etc.
How do you think we'll get on? Decided not to call the bank until we give them an opportunity to refund but I'm not too hopeful that will happen.
Any advice would be greatly appreciated.

Lollipops23

kazul wrote: »

Hi. My wife was talked into paying 770 euro for Educo gym membership yesterday.

did they force the pen into her hand?


you can try, but from what i've heard most Gyms have an airtight contract that will be a biyatch to get out of. call them and ask what their policy is.

the groutch

would the law in relation to the 10 day cooling off period apply to a contract like this maybe?

wyndham

10 days is for distance selling. Nothing to do with the bank really. Chargeback is not an option. She participated fully in the transaction. Very strange that there was no contract signed?

Lollipops23

hmm possibly....or at least time enough for the contract to be processed?but i have an inkling that the contract is valid from the time it's signed.

kazul

There was no contract, no receipt issued, just the credit card receipt. I'm not sure what to expect today when we tell them we want to cancel, I would imagine they'll drag their feet and I want advice so that I'm forearmed.
I know she wasn't under duress and should have spoken to me before making such a purchase, but that's a seperate (private) discussion

Lollipops23

no contract you say???that's a horse of different colour,apologies for making assumptions!i'd say that's well dodgy tbh, you need to contact them.

Paddyo

Have a look at this link



http://www.nca.ie/eng/Research_Zone/Consultation/Principles_for_gyms/

MysticalSoul

Did she sign anything, that could be seen as a contract, even if she did not get to take it home?

thefinalstage

irishamethyst wrote: »

Did she sign anything, that could be seen as a contract, even if she did not get to take it home?

A contract does not have to be written. Buying a Mars bas involves a contract. They make an offer, you accept the offer by paying and the contract is complete.

That appears to be the same principal here. They offered the gym membership and by paying she agreed.

dudara

I would imagine that the third principle from the NCA link posted above would apply in this scenario

We will allow a seven-day period for reflection from the date of signing the membership agreement before being formally committed to a minimum fixed membership period contract. However, the initial joining fee or administration fee may be charged.

Random

Is that not a guideline list of principles rather than an obligation?

dudara

Indeed, and I don't know if Educogym have signed up to this initiative or not, but there can't be any harm in quoting it to them.

Random

dudara wrote: »

Indeed, and I don't know if Educogym have signed up to this initiative or not, but there can't be any harm in quoting it to them.

Indeed, no harm. I was asking about that principles thing as much as telling.. was trying to clear it for myself too

jor el

If she authorised the credit card transaction, presumably with PIN verification, then it won't be as simple as contacting the bank to reverse the transaction. To get out of it, and get the money back, the gym will need to agree, and reverse the payment.