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Gym Notice Periods for Cancellation of Membership

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  • 06-07-2011 4:48pm
    #1
    middlebun
    Closed Accounts Posts: 1 ✭


    Hi there, hoping that someone here has came across this issue and might offer some insight!

    I signed a 3 month summer membership option with a gym in Dublin in June, 2008. The contract began rolling thereafter on a month to month basis. In January of this year, I rang the gym and advised that I was leaving at the end of that month, because I was moving. They said I could not leave without giving 3 months notice (155 X3), so I just cancelled the Direct Debit.

    Thereafter I began receiving letters and the gym are relying on a requirement to give a period of three-month notice before I am entitled to cancel my membership. I have subsequently reviewed the contract and whilst I signed and initialled it this clause, I have no recollection of doing it - over 3 years ago!

    I wrote to the Managerof the Gym 3 times setting out the position. They didn't even furnish a response or extend the common courtesy of a reply. Instead they precipitately referred the matter to a debt collection agency in the UK and thereafter a Solicitor in the UK without even any attempt to deal with me.

    I have now received two letters from a debt collection agency and 2 from a Solicitor. (Not sure if i can say who from or what gym- this is my first post!)

    I am a lawyer and I sent the solicitor a letter setting out that the three-month notice requirement clause of the membership agreement was not in compliance with the requirements of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995.

    I also reviewed the National Consumer Agenices Guidelines entitled “Guidelines for Gyms and Fitness Clubs” In those guidelines it is specifically stated in relation to notice periods “If members are required to make a cancellation decision too far in advance, they are liable either to forget to do so at the required time, or not be in a position to make an informed judgement on their future needs”.

    This appears to be an argument for me to make, but it is not concrete and I am worried about amassing costs defending the proceedings. ( or else looking stupid in the District Court defending myself)

    Latest news is I have been given 5 days to pay 555 euros which includes a 70 Euro Admin Fee for Gym plus a 20 Euro Court Fee!!

    So any comments on

    (a) whether anyone has actually been issued with a Civil Summons for not paying the bill or whether the Debt Collection Agency just scare you into paying with threats of judgments and bad credit scores etc?
    (b) gone to Court and Defended a gym debt on this basis?
    (c) a view on whether 3 months notice is reasonable in the circumstances?

    I wrote tothe NCA for their views, no-one has came back to me.

    Looking forward to views...
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