How to cancel Total Fitness Membership?

prince vlad

I signed up for TF in Malahide for 12 months but went for the monthly payment option because I didn't know if I could afford a full year. I said this to the girl when I was joining and she said that the monthly option was the way to go because I could pay as I went and cancel if I had any problems.

About 4 months later I couldn't afford to continue paying after my pay was cut. I wrote to TF explaining this and also pointed out that I had been unhappy with the atmosphere in the gym, that there appeared to be a high number of steroid users and that the equipment was never put back in place (making it impossible to train properly). Included with my cancellation letter was my membership swipe card.

I mentioned that I was giving them four weeks notice and asked them to cancel the payments and membership from the end of the month. The next month I realised they were still charging me so I rang them. The girl on the phone told me that I had to cancel my direct debit directly with the bank - so I did.

Then about two months later I got this letter saying that I was tied to a contract and had to freeze my payments for a few months or pay the full €440 in full. I wrote back explaining my position and just received another more threatening letter.

I don't have €440 to pay them, I have a wife and kids to feed and they come ahead of Total Fitness. Has anyone else had a similar experience? How can i get out of this?

Thanks

Zamboni

You signed an annual contract.
You owe the money.

Its a pain but it is, how it is.

arybvtcw0eolkf

Sorry to hear your having financial difficulties OP.

I've no idea about cancelling your membership with TF.

However you might get some more info in the CONSUMER ISSUES forum.

Look at your contract and see if your problems with the gym are covered in it is all the help I can suggest - sorry.

Brian87

Hey, I was a member in tf in sandyford.I just cancelled my d/d's and that was it.That was over a year and half ago and I still get them stupid texts and emails asking me to rejoin .So my advice would be to just ignore them.

Armedocr

That sucks, like another poster said cancel your D/D.

Complaining about a high level of steroid users though? In fairness it's not like they're pinning right under your nose, it's honestly none of your business what a person does with their own body.

TheZ

write and say written contract was varied verbally and you were induced to sign by a verbal statement of an agent or employee of Total Fitness (sales girl) who told you could cancel on 4 weeks notice. If they pursue it further you can argue misrepresentation by an agent or employee of TF

Letters are standard so don't let them worry or intimidate you. Just stick to verbal variation which on the facts you have outlined is the truth

Zamboni

Armedocr wrote: »

Complaining about a high level of steroid users though? In fairness it's not like they're pinning right under your nose, it's honestly none of your business what a person does with their own body.

I agree that a person can do what they want with their own body but to be fair, if a person pays for the use of a private facility they are perfectly entitiled to report illegal activity by another member to the management.

Hanley

Zamboni wrote: »

I agree that a person can do what they want with their own body but to be fair, if a person pays for the use of a private facility they are perfectly entitiled to report illegal activity by another member to the management.

What...are...you...talking...about?!?

Would you go into Total Fitness and tell on one of the members if you saw them on the Malahide road breaking a red light??

Lawstud

I'm surprised the mods have not closed this thread. Over in the legal discussion form this would have been closed as the giving of legal advice is prohibited.

The fact that you paid your membership on a monthly basis does not necessarliy mean that you had a monthly contract. Making accusations of drug use within the gym was unwise. At any rate it would be remiss of anyone to offer any specific advice without seeing the contract.

You should contact a solicitor. You could contact your local Free legal Advice Centre (FLAC). FLAC is an organisation staffed (voluntarily) by solicitors and barristers.

Regards.

prince vlad

Thanks for the replies:)

The threatening letters only started arriving after I cancelled the direct debit. I had informed them in writing that I was going to do this and gave them a months notice. Most importantly, the girl told me I could quit if I gave a months notice when I signed up - that's why I took the monthly option. But trying to prove a conversation that happened six months ago would be pretty much impossible to prove I think...

If anyone has anyone successfully backed out of a monthly contract with TF I would love to hear how.

Thanks again for your time.

prince vlad

Lawstud wrote: »

I'm surprised the mods have not closed this thread. Over in the legal discussion form this would have been closed as the giving of legal advice is prohibited.

The fact that you paid your membership on a monthly basis does not necessarliy mean that you had a monthly contract. Making accusations of drug use within the gym was unwise. At any rate it would be remiss of anyone to offer any specific advice without seeing the contract.

You should contact a solicitor. You could contact your local Free legal Advice Centre (FLAC). FLAC is an organisation staffed (voluntarily) by solicitors and barristers.

Regards.

Re steroids use, all you have to do is listen to conversation in the changing room to hear about it or look at the impossibly large physiques of some users. I've been lifting for about 20 years and have been around gyms in Ireland and abroad but perhaps I'm mistaken - this is my opinion based on my experience at the club. If I'm wrong then I'm wrong.
Also, I would like to state clearly that I am not looking for any legal advice. I realise this is a public forum and information posted here could be completely false. My situation is grim, I'm self employed, my salary is down about 50%, I can barely pay my mortgage and I have a wife and four children.
I was told that I could back out by the girl who signed me up in the club once I gave notice, because I was speaking with her and she answered this question for me I didn't bother going through the contract in detail - this was my mistake. All I'm looking for is info on how anyone else might have gotten out of this situation. If it works for me then great, if not then I guess I'm screwed.

Zamboni

Hanley wrote: »

What...are...you...talking...about?!?

Would you go into Total Fitness and tell on one of the members if you saw them on the Malahide road breaking a red light??

Apologies, I read it that in the OP they were using in the gym.

WalterMitty

prince vlad wrote: »

Re steroids use, all you have to do is listen to conversation in the changing room to hear about it or look at the impossibly large physiques of some users. I've been lifting for about 20 years and have been around gyms in Ireland and abroad but perhaps I'm mistaken - this is my opinion based on my experience at the club. If I'm wrong then I'm wrong.
Also, I would like to state clearly that I am not looking for any legal advice. I realise this is a public forum and information posted here could be completely false. My situation is grim, I'm self employed, my salary is down about 50%, I can barely pay my mortgage and I have a wife and four children.
I was told that I could back out by the girl who signed me up in the club once I gave notice, because I was speaking with her and she answered this question for me I didn't bother going through the contract in detail - this was my mistake. All I'm looking for is info on how anyone else might have gotten out of this situation. If it works for me then great, if not then I guess I'm screwed.

Just ignore them. You have canncelled the DD ,havent you? They arent gonna take you to court for 400euro. Send another letter telling them youre broke and you are moving house and not to disturb new houseowner with letters.

tomdublin

That's rubbish, of course you can give advice relating to legal issues on boards. The only caveat is that the advice may be wrong, thus people should always be cautious in following it. It's also perfectly legitmiate for someone to highlight illegal or other activities observed as long as it's not malicious and not defamatory. As long as you are acting in good faith you should be OK.

Lawstud wrote: »

I'm surprised the mods have not closed this thread. Over in the legal discussion form this would have been closed as the giving of legal advice is prohibited.

The fact that you paid your membership on a monthly basis does not necessarliy mean that you had a monthly contract. Making accusations of drug use within the gym was unwise. At any rate it would be remiss of anyone to offer any specific advice without seeing the contract.

You should contact a solicitor. You could contact your local Free legal Advice Centre (FLAC). FLAC is an organisation staffed (voluntarily) by solicitors and barristers.

Regards.

Lawstud

That's rubbish, of course you can give advice relating to legal issues on boards. The only caveat is that the advice may be wrong, thus people should always be cautious in following it. It's also perfectly legitmiate for someone to highlight illegal or other activities observed as long as it's not malicious and not defamatory. As long as you are acting in good faith you should be OK.

Eh ... no its not rubbish. The following is taken from the the legal discussion form. Its from the thread entitled ***W-A-R-N-I-N-G***: Do Not Seek Legal Advice **Posts will be snipped/deleted (Read!)


Originally Posted by Maximillian
If someone gets the wrong legal advice here, acts on it to their determent, there could be serious consequences. Be that financial or their very liberty. They might then seek recourse against the person who gave the advice and those that permitted it to be given. That would include Boards.ie Ltd - the standard practice in litigation is to throw the net as far wide as you can. Sue everyone (optionally from orbit, it being the only way to be sure). That in a nutshell, is the reason for the rule in question. Putting disclaimers in a sticky is not a magic formula for escaping liability. It helps sure but its by no means bullet proof.

There are instances where threads which are really borderline cases are left open or perhaps because a mod judges the "risk" negligible. I've been a solicitor for almost as long as I've been a member here, so I use my own judgment as to what threads to close and which to leave. Its not a hard decision to make when someone is blatantly trying to get free advice here and you know they should see a solicitor for their own good.

[/QUOTE]

tomdublin

Hm...."someone is blatantly trying to get free advice " There is (a) nothing wrong with that (esp given the legal fees in this country) and (b) it sounds a bit like a lawyer worried about competition....

The idea that you can sue someone on a public forum like Boards.ie for the bad quality of their advice is unfounded. There is no precedent for this in Ireland or anywhere else in the democratic world as far as I know. Posters or owners of the website can get into trouble only if they permit libellous or defamatory content or if they allow postings that incite people to commit a crime (but even the latter is difficult since you then get into freedom of speech issues. So far at least courts have generally ruled in favour of boards.ie-type sites).

Lawstud wrote: »

Eh ... no its not rubbish. The following is taken from the the legal discussion form. Its from the thread entitled ***W-A-R-N-I-N-G***: Do Not Seek Legal Advice **Posts will be snipped/deleted (Read!)


Originally Posted by Maximillian
If someone gets the wrong legal advice here, acts on it to their determent, there could be serious consequences. Be that financial or their very liberty. They might then seek recourse against the person who gave the advice and those that permitted it to be given. That would include Boards.ie Ltd - the standard practice in litigation is to throw the net as far wide as you can. Sue everyone (optionally from orbit, it being the only way to be sure). That in a nutshell, is the reason for the rule in question. Putting disclaimers in a sticky is not a magic formula for escaping liability. It helps sure but its by no means bullet proof.

There are instances where threads which are really borderline cases are left open or perhaps because a mod judges the "risk" negligible. I've been a solicitor for almost as long as I've been a member here, so I use my own judgment as to what threads to close and which to leave. Its not a hard decision to make when someone is blatantly trying to get free advice here and you know they should see a solicitor for their own good.

[/QUOTE]

TommyKnocker

This thread has gone wildly off topic and has therefore been closed.

I would refer all concerned to the Boards.ie Guidelines, specifically this section http://www.boards.ie/vbulletin/faq.php?faq=bie_faq_guidelines#faq_bie_faq_guidelines_medicalpro

IMHO if you have received a letter from your gyms legal folks, then for the best advice you should consult a solicitor or Free Legal Aid.

OP Maybe you could contact these folks re your query http://www.flac.ie/gethelp/


Best Regards,

M