Gym membership kerfuffle....

[Rubyrose]

Can they do this?

I have been a member of my gym since Jan 2007. Back in July I missed a payment (�50 a month) and it got sent to a sort of debt collectors.. They were definately a debt collectors but didn't charge any extra fees and were always very understanding and didn't seem to care when I said I would pay it next month!

Anyway, the next month I had to pay double. I couldn't afford it and it racked up until I had to pay 3-4 payments worth in one go.. which I payed at the beginning of September.
I called the debt people yesterday to confirm that the cheque had cleared and all was settled and they said it was all fine and all I have to do now is to call my gym and restart the monthly payments. (I am on a 12 month contract with the gym so can't cancel until Jan 2008 and if I want to cancel I have to pay every monthly payment I would owe them un until Jan, in one bulk payment).
So I called the gym and asked them if I could restart my monthly direct debits and they said I no longer had a membership with them as my member ship got cancelled when I missed my first payment and it went to a debt collectors!
So I ask, why the hell did I have to pay �50 a month in bulk, for the months I missed? I am having a meeting with them tomorrow as I need more details but can they do this? Just cancel my membership? I need to go in, knowing all the facts! Surely if I am in a 12 month contract with them, they are in one with me? They said I would have to rejoin and pay a new joining fee and start up a new 12 month contract!

[zig_zag]

dont know why you are a member of a gym Ruby
you looked fit enough to me last time i saw your pic on cs lol

[B00]

Did you sign a contract Rosie? If so, ask to see a copy of it. If what they say is printed there on the contract and you signed it, thrn I'm afraid you're up that river without a paddle.

[Pippa68]

The same thing happens with insurance companies. If you miss payments you are in breach of contract and they have the right to cancel.

I know you have paid the owed monies, but I still think it classes as a breach as it is a monthly arrangement. Maybe try this Q in Law or Business & Finance?

[~max~]

I suppose if it's in your contract, then they can do it. It still remains very bad commercial sense though, as I know I wouldn't be likely to rejoin in a hurry after being treated that way! Funny how it's always so much easier to get out of a contract when you're the one who drew it, hey!

[China Doll]

I'm not sure but I think if something is passed on to a debt collectors then the whole account is. It could be that you're seen as in breach of your contract so therefore the contract would no longer stand. (Really not sure about that though. Somehow that makes sense in my head but lots of things make sense in my head that probably shouldn't).

It might be better to put this in Law? Suspect it might be more their forte.

[smudge]

If your meeting with the gym isn't successful, you could always try phoning the 'Financial Ombudsman Service' on: 0845-080-1800.

Like the CAB, they're a vey helpful organisation.

[Rubyrose]

Thanks everyone. Good to know. I don't know where my copy of the contract is but I am sure I could find it. To be honest, if they do cancel then I can rejoin with the gym across the road from work and pay �15 less a month, have no joining fee and not be signed into any kind of contract... will just need to give a months notice once I want to quit. I also get a corporate discount and can use it in my lunch hour!

But... I do like the gym I am already with as they are close to my house. I guess I will have to see what they say but they are stupid as if the case stands that I have to rejoin and pay a new joining fee then I won't bother and they will lose my custom for the remaining 4-5 months of the contract!

[gina32]

try to find a gym that does a monthly membership

[4GS]

It does sound like you were in breach of contract rubyrose, they wouldn't have explaned it to you when you signed because you would be expected to read the small print, the bit that's so small you need a telescope and a 1st class Law degree to read and understand.

[bednobs]

i think you'll find its all in your contract, but that you will have to pay the 50 pounds a month for the rest of the contract AND still not be a member

[gina32]

�50 a month does seem a lot as well, have a look around

[B00]

I think i'd lose weight too if I joined a gym costing me �50 a month, I wouldn't be able to afford to eat after coughing up that month after month!

[gina32]

lol @ boo

[Twenty20]

If you're saying that they would charge you �50 a month for the remainder of the agreement but you still wouldnt be allowed to use the gym in that time then that would be a unfair term in the contract and would be unenforceable. It would have to be one or the other, no more payments, or you'd be allowed to use the gym if you paid.

[Rubyrose]

No, they stopped me using it while I wasn't paying (understandable and expected) then instead of being able to carry on as normal now with my monthly payments I have to rejoin and pay a new joining fee.
But a friend of mine used to be a member there a year or so back and she came to the end of her 12 month contract and called them up saying she would like to cancel and not continue with membership and they accepted and all was fine. She also cancelled the direct debit at her bank just in case. about 6months later she was contacted by the debt company saying she owed them �300!!! She asked why and the gym said because she hadn't terminated her contract in writing!

[sandrajo]

Hiya Ruby,
I can't believe they sent it to a debt collector in the first place, I don't think I'd want to be associated with this gym the way they have treated you, contract or no contract. I know you like the gym thats near your house but the other one sounds better and is alot cheaper. Just tell them to stick it.

[Rubyrose]

I was very surprised as well Sandra. A payment bounced as I had a lot come out of my account that month and then I got a letter from the debt collectors telling me I owed them! I was shocked the gym hadn't contacted me first to say something.. I mean it could have been a small technical fault with my bank and them!

[tigwig]

which gym was it? I am dying to know please name and shame them.