GYM MEMBERSHIP LAPSE IN PAYMENTS

[schiehallion]

Evening all.
My mates girl friend took out gym membership over a year ago and signed a min 1 yr contract (so she thinks) it was for about £30 a month. she used it just 3 times in the first 2 months then her mother fell ill with cancer. she temperaraly moved up to where her mother lives 240 miles from the gym to be her moms carer and phoned the gym explaing what happened she also got a letter signed by her mothers gp explaining what had happened and that she had become her mothers carer, this letter was also sent to the gym. All she got was its not our problem its your choice whether to use the gym or not. well to cut a long story short she is back home now and has found quite a few letters from first the gym and now collection agency demanding £700 and threatening her with court . and black listing she has contacted these people but once again was told pay up or else.
She had to give up full timework to care for her mum but now has only been able to find part time work 16 hrs a week . she cant pay the bill and is at her wits end. i it likely these people take her to court. or just black list her? this is in scotland.
Thanks

[joko]

sorry but like they say, thats not their problem...she signed a contract

some would potentially let her off, but they wouldnt be obliged to - as evryone would suddenly have a sob story to try to get out of it...

id suggest she offers to pay something per month

[sandyRoe]

In view of her circumstances she should write to Watchdog, BBC, and tell them her story. Faced with a bit of publicity they might decide to stop looking for money she hasn't got.

[schiehallion]

Hey i like the Watchdog idea.
Cheers all.

[factor-fiction]

Hi. I'm not sure of two things.
(1) What the reason was for stopping the monthly DD payments given that it was a contract
(2) Why the figure of £30 a month for over a year translates into £700 owed. Have charges been added?

[sara3]

which gym was it? have you tried dealing with their head office instead of the local gym?

[vivandorron]

You could also telephone, for free advice, your Local Authority's Consumer Protection Department. Personally, I would wait to see if the Gym does does issue Court proceedings because, as I understand matters, it would be an issue for the Small Claims section of the County Court and, without added costs, could be settled out of Court at that stage..........'Watchdog' is an excellent idea.

Ron

[Buenchico]

The following isbased upon English law but, to the best of my knowledge, the situation is similar in Scotland:

Point 1 (Bad news from your friend's point of view):
The gym were within their rights to say 'It's not our problem; pay up!'. A contract remains in place, irrespective of the change in circumstances to it.

Point 2 (Bad news again):
Anyone who is owed money by someone else, and who does not receive payment, can take county court action, seeking a judgement against the debtor.

Point 3 (Yet more bad news):
Having a CCJ against her name will make it very hard for her to get credit. (She can't be directly 'blacklisted, as such, by the debt collection agency but potential lenders will be reluctant to lend to anyone with a CCJ).

AND NOW THE GOOD NEWS!
Courts aren't stupid. They don't issue CCJs which demand full payment when it's clear that the debtor can't pay. If your friend provides the court with details of her financial circumstances, the order against her will only be for payment of a very small sum each week (or each month). As long as she keeps up with those payments, she's effectively protected from any further action by the gym or their debt collection agency.

Chris

[vivandorron]

As it's Scotland the following might be worth a click :-

http://www.scottishla...cotland/consumer.html

Ron.

[schiehallion]

Thank you all again for your answers looks like she will start paying what she can to keep the bailiffs at bay. factor 30 she felt that she shouldnt pay for a service she could not use and the extras are supposedly for letters sent ect. i know a contract is a contract but i guess with all the worry over her mother the gym was the last thing on her mind.
Cheers all again.

[Dee Sa]

The Daily Express on a Monday [ dont know about the rest of the week] take up "causes" and fight on behalf of people in similar situations, you can email them with your problem of course they cant take on all of them but its worth a try or Tony Hethrington in the Mail on Sunday but he takes on more fraud cases.
I expect these gyms hear an awful lot of cases where people want out of the contract though and are immune to pleas for help.
May be the Daily Record in Scotland would help ?