Legal thingies

[dieselboy]

What is the legal stand point of this scenario?:
I took out a membership which was 12 months @ £60 per month. After the 12 months I ended the membership. I asked for instructions on the cancellation procedure and was told via email communication to cancel the direct debit. This is what I did. A few weeks later I was contacted via a debt collection agency. Reason being are these:
- I cancelled the membership early
- They messed up with direct debit scheduling after the initial ammount and did not take some months payment (I informed them of this when I noticed at the beginning, they did not calculate correctly and the lump sum they took was not enough and I did not know.)

They have made up a figure of little over £690 of monies owed. Which is why I pulled up my statements and worked out I owe a much lower ammount.

I've sent emails and contacted them by phone (not dealing with the debt collection agency. Any contact from them I have emailed back to all and asked to include the company). Each contact I've made I have been told to wait for the owner to get back in touch. Three emails from me and a couple of phone calls.

I'm going away next month so will not be able to sort this after that point. I do not want to drop cash in as then there is no proof of payment.

I've just sent another email briefly explaining my attempts, and that I wish to pay the outstanding balance. Please could they inform me of the details to write a cheque to. I've also put on the email that if I do not receive a response within 7 days then I take it the balance is no longer.

I'm pretty sure they will see that and provide details then the issue is end of, however if they do not respond is that a legal standpoint that I have? I'm concerned that when I go away I'll receive letters or emails which I wont be able to pick up and respond to.

[Vultch]

4 weeks notice is considered a reasonable amount of time for cancellation of any membership scheme, tell them you are taking them to court for expenses etc also tell them you have kept records of emails and phone calls etc.
The small claims court would be a good place to start.

Is this a gym membership by any chance

[dieselboy]

Yes its gym membership. I had actually asked for the correct cancellation procedure / policy as I was unaware if there was a cancellation period. I remember starting the communication early in case there was a notice period.
Thanks for your advice.

[Vultch]

All the gyms are at it..this is an old story..a few years ago it did go to court, I think it was LA fitness the judge said 4 weeks was a reasonable amount of time to give notice for a such contract cancellation. The gym lost and had to pay costs and damages.

[si tate]

Tell them to go get f*****.

[dieselboy]

Well in fairness I asked how to cancel and was told just to cancel the direct debit. I didn't give four weeks, unfortunately but nor was I informed. I just did what they advised me.

[Wolfracer]

Tell them to go get f*****.

Many years ago, I cancelled a FF gym membership, they tried asking for 3 months more money.
They gave up in the end.

A debt recovery agency won't bother chasing "small" amounts...

Get them to confirm the new amount in writing and then go quiet on them. The Agency won't be able to touch you as the amount will be incorrect...
worth a shot.

[Surf01]

Can I suggest you pursue it on this forum I have used advice on there and it helped our situation. Seems to be common thing with gyms.

[Albannach]

If it's a Bannatyne's Gym, this sems to be their policy. Our eldest had a lot of hassle trying to cancel...

Whatever you do, don't ignore it. When did you cancel?

[Surf01]

BTW a DCA has no more power to collect a debt than your next door neighbour, but don't let it escalate to court without defending. Gyms rely on you not defending in order to win otherwise it seems it gets thrown out of court the moment you defend.

[dieselboy]

Thanks all! The gym is a small single unit, it's not a franchise as far as I am aware - which is why I would just like to pay the balance. :/

Also, my girlfriend has a similar issue with Sky. She cancelled her subscription and they are saying she has not, and have still been debiting money from her account.

[Surf01]

Thanks all! The gym is a small single unit, it's not a franchise as far as I am aware - which is why I would just like to pay the balance. :/

Also, my girlfriend has a similar issue with Sky. She cancelled her subscription and they are saying she has not, and have still been debiting money from her account.

Aaah the normal Sky issue. They tried this stunt with us last week until I sent them a copy of the screenshot showing the date it was sent to downgrade. As a result a big apology and free movies for two weeks!
We now always do a screenshot of any downgrade or cancel requests to Sky and other companies.

[Big_ben]

I had a recent problem with the phone network 3. I signed up for a free week's trial for mobile broadband in 2010. Cancelled it after 2 days as I got no coverage in my house. Posted back the "dongle" with a cancellation letter after speaking to them on the phone. (I never cancelled the direct debit though.)

Signed up for online banking a few months ago, and when checking my direct debits....I realised they had been taking €20 every month. Rang them straight away and said it was cancelled...what was going on? Took them ages to find my account, as I had no account number etc as I had cancelled it after 2 days...over a year ago! They said it was never cancelled, blah blah, back and forth. Told them to cancel it now and I was cancelling direct debit.

Rang the bank...they said they had continuous problems with 3 customers. Though no more of it...... A few weeks later a letter was sent to the home address (my father has the same name) and also has a 3 account. They were looking for 2 months of unpaid direct debits. He rings them (not knowing I had ever had an account) and told them they had mixed up, the account number was not his, etc. Their call centre is in Bangladesh or somewhere and there must have been a communication issue, becuase all they did was change the account details ie date of birth etc to his details.

I was talking to him later, and he told me what happened and I realised it must have been the account that I had cancelled. So i ring them asking about it, and why they are looking for 2 months fees when I had cancelled the account originally during the week's free trial. They wouldn'r discuss it with me because the account details didn't match my date of birth etc....

months later, letters from them and a debt collection agency, and no assistance or returned phone calls from them, I contacted ComReg. They had it sorted in a few weeks. Account cancelled, full refund to be sent out in next few weeks, and debt collectors called off.

VERY long story short.....if your in the right, just stick it out. I wouldn't even deal with the debt colelctors..... find a third party or regulator if one exists. Otherwise...small claims. If you have emails etc, and notes from phone calls, you should be well covered.

Sorry for the long winded reply...

[gwh200]

thanks all! The gym is a small single unit, it's not a franchise as far as i am aware - which is why i would just like to pay the balance. :/

also, my boyfriend has a similar issue with sky. he cancelled his subscription and they are saying he has not, and have still been debiting money from his account.

:d:

[dieselboy]

Sorry type-o on my part!