Gym direct debit

limevodka

Hi,

I signed up for a gym membership last september on what I thought was a monthly basis, but when I called to cancel my membership (I cannot afford it anymore) I was told there was a twelve month minimum membership. I wasn't told that in the one-on-one meeting/tour thing when I signed up (it may have been in the actual contract, I will be re-reading it very thoroughly when I get home) and I certainly wouldn't have committed to twelve months if I had known that's what I was doing.
Is there anything I can do here or am I totally stuck? I'll have to use my credit card to pay the remainder of the fees if so.

emeldc

No idea how you're fixed with your contract but if you 'can't afford it', then you can't afford it. Don't put it on your credit card. Maybe the gym will sue, maybe they wont. It's your call. Are you really going to pay for a gym that you wont use?

limevodka

That's what I'm afraid of, I don't want to end up in court over this, but I may have to take the chance.

I think I've no other option but to cancel the direct debit unfortunately.

Michael D Not Higgins

I don't think ignorance of the terms of the contract you signed is a defence, however send a letter addressing the issues, specifically that it was sold to you as a monthly agreement and they might be willing to cut you a deal.

emeldc

You're 5 months in to it, what's the balance owing?

limevodka

Yes, I know I'd be in the wrong, which is why I was reluctant to just cancel the direct debit. I genuinely would have thought I'd read the contract thoroughly, which is why I'm kicking myself that I somehow missed the fact I was committing myself to a 12 month deal. I did let them know the situation but they haven't come back to me as yet. I may need to go down in person and speak to a manager maybe, even just to bring up the fact that the length of contract should be included in the spiel you get about price, gym rules, pool access opening times etc.

Balance owing is €315, which wouldn't normally be a huge issue but I just had to move quite abruptly and what with paying deposits and moving costs etc, I won't have that kind of cash spare for at least a couple of months, which is kind of the problem that led to me needing to cancel in the first place.

Michael D Not Higgins

Do you have the manager's name? Send them a complaint as a registered letter. That way you have a papertrail and outline that you want to be released due to lack of funds and you were missold the service as a month to month contract and give them a deadline to respond. If they still tell you to pay, you may need to get legal advice on how to proceed.

LaughOrDie

I would go ahead and just cancel the direct debit.

They might come on strong, threaten court, and pass it on to a debt collection agency, but eventually they just eat it.

If it was me, and I've been in this situation twice, just cancel the direct debit and then ignore them.

It's not the most honorable thing to do, but sometimes you're left with little choice.

Also chances are the company will never deal with you again.

ADD: But first do what Michael D Higgins suggested. Give them a chance to make it right.

dudara

Posters - please do not advocate debt avoidance.

OP - If your contract is for 12 months, then yes, you are unfortunately on the hook. However, making a personal appeal to the manager may get you somewhere.

LaughOrDie

Sorry my bad.

runawaybishop

You can also try and sell your remaining membership, if the gym allows this (most do).

Michael D Not Higgins

runawaybishop wrote: »

You can also try and sell your remaining membership, if the gym allows this (most do).

How does that work? If it's the same price, surely you'd just go to the gym itself rather than buy someone else's membership.

runawaybishop

Michael D Not Higgins wrote: »

How does that work? If it's the same price, surely you'd just go to the gym itself rather than buy someone else's membership.

Buying a shorter membership suits some people, or you can reduce the price. Its pretty common to see this in the health and fitness forum.

Michael D Not Higgins

runawaybishop wrote: »

Buying a shorter membership suits some people, or you can reduce the price. Its pretty common to see this in the health and fitness forum.

Fair enough, could be a useful last resort. I'd be hammering them with the missold conditions. OP, does the gym have a website selling memberships as month to month? (this is only as back up evidence, what the staff selling you the membership said is what counts)

runawaybishop

Michael D Not Higgins wrote: »

Fair enough, could be a useful last resort. I'd be hammering them with the missold conditions. OP, does the gym have a website selling memberships as month to month? (this is only as back up evidence, what the staff selling you the membership said is what counts)

Very very hard to prove anything was mis-sold if the contract terms are for a 12 month duration.

limevodka

runawaybishop wrote: »

Very very hard to prove anything was mis-sold if the contract terms are for a 12 month duration.

That is a fair point, as even though what I was told when signing up was a monthly price, no-one mentioned contract duration or minimum terms, so it wasn't like I was lied to as such. I feel a bit cross though, as I think something like that should have been mentioned when they were going through the fees and direct debit info, it seems like an important piece of info to leave out.

There's no pricing/membership info on their website, even if you want to know the price of membership you have to fill out an online membership enquiry form.


Honestly, thanks to everyone for their thoughts. I think the 12 months was probably mentioned in the contract's small print and I missed it. It didn't occur to me at the time that there would be a minimum membership term as the only other time I've paid monthly gym fees rather than upfront, I could cancel whenever I liked. I think I'm just going to have to suck it up and have a very uncomfortable few months until the term runs out.

limevodka

Hey, if anyone wants an update, I found my copy of the contact and the 12 month minimum was mentioned in the small print on the back, so lesson learned about going through contracts with a fine-tooth comb there.

Anyway I got on to the gym and they've agreed to freeze the membership for 3 months so I only have to pay 10/month until June and those 3 months will be taken off the total contract, which is fantastic, as it gives me a bit of breathing space.

Thanks for all the advice, much appreciated!

cml387

It might be good if in future the OP pays close attention to this forum.
Didn't we have all this with Jackie Skelly some years ago.

runawaybishop

cml387 wrote: »

It might be good if in future the OP pays close attention to this forum.
Didn't we have all this with Jackie Skelly some years ago.

Op signed a contract, the thread you linked there were no contracts signed only verbal agreement?

cml387

True. But I only intended to point out that being lured into a years contract is something that many gyms seem to try.
Not casting aspertions on the op by the way, just emphasisng what a good resource the consumer forum is.

runawaybishop

cml387 wrote: »

True. But I only intended to point out that being lured into a years contract is something that many gyms seem to try.
Not casting aspertions on the op by the way, just emphasisng what a good resource the consumer forum is.

Agreed, not the first thread of this type.