does a contract need a signature?

[refereesue]

i have ashbourne management hassling me for cancelling a direct debit for gym membership. i signed up on line and received no contract and to the best of my knowledge , have not signed anything. when i requested a copy of my contract, they sent someone elses??? don't they have to send a copy if requested or is this just a [problem] for bumping up admin charges

[IdaInFife]

yes they do have to send a copy of it if it is a credit agreement.

 

if you signed up online them there will be no signature but a tick box instead

 

if 12 and 2 days have passed since you request you can send:

 

http://www.consumerforums.com/resources/templates-library/86-debt-collectors/571-failiure-to-provide-a-copy-of-the-agreement-within-the-prescribed-timescale

 

 

 

this forum may be of use incase you need it

 

Gyms, Health Clubs and Health Centres - The Consumer Forums

 

 

also if they have sent you someone elses data you can report them to the Information Commisioners Office

 

Information Commissioner's Office - ICO

 

 

and welcome to CAG

[cerberusalert]

Which Gym?

[cerberusalert]

Have a read of this http://www.consumeractiongroup.co.uk/forum/gyms-health-clubs/183091-oft-statement-gym-membership.html

[refereesue]

the most worrying thing about this is that the gym accepted my resignation with no qualms. i handed a letter in telling them my husband now had a job 200 miles away and i was cancelling my direct debit - no problems at all.

the problem is with this management company who seem to have no liaison with the gym, ignore everything i say and £12.50 has now risen to £410 in the space of 5 weeks!!! i am sure i have not signed anything and the only letter i had from ashbourne was giving me the number of the gym to arrange first session and confirming that the bank details were correct. i have had no contract, they have failed to supply one on request and now find that the gym has nothing to do with my membership. it is actually this management company.

[refereesue]

I am having threats from Ashbourne over a contract I have no knowledge of. I have never signed anything. I have asked them twice in writing for a copy, as I understand they have to produce one by law. Twice I have received all the detailed contract information of someone else!! which I am sure must be illegal - certainly immoral. Yet they say my details have been given to a credit agency for default registration. I'm sure I'm not getting a copy contract because they don't have one!! Any suggestions what to do next?? Do I just ignore them?

[refereesue]

I am having threats from Ashbourne over a contract I have no knowledge of. I have never signed anything. I have asked them twice in writing for a copy, as I understand they have to produce one by law. Twice I have received all the detailed contract information of someone else!! which I am sure must be illegal - certainly immoral. Yet they say my details have been given to a credit agency for default registration. I'm sure I'm not getting a copy contract because they don't have one!! Any suggestions what to do next?? Do I just ignore them?

[slick132]

Hi RefereeSue,

 

It's not clear from your post whether:-

 

1. You did use an Ashbourne Gym, but you never signed a membership agreement or contract.

 

2. You have never been a member of this gym but they are chasing you for money anyway.

 

Please confirm, so we can advise you better.

 

Re the info sent to you in error, send it to the ICO with a brief letter saying you asked for data from Ashbourne concerning yourself but they sent you two other peoples' data in error.

 

Ask the ICO to send the data to the proper recipients.

 

Also ask them to investigate why Ashbourne are so reckless with data.

 

Complaint address:-

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

I've started you a new thread, to avoid hijack of the one you posted on.

 

[Guest Old_andrew2018]

May I ask a question, it appears you did you apply to join the gym on line as your title suggests, if so then IMHO you have a contract.

Regarding the other individuals personal information sent to you, have you considered letting them know what happened.

 

Andy

[Guest Old_andrew2018]

Hi refereesue,

I answered on one of your other threads, as I see it you joined on line, therefore a contract exists.

You might consider up loading any correspondence it may help with advice you receive, but remove any personally identifiable information.

 

Andy

[hungrybear]

Gym memberships are not credit agreement and I do not know of any gym companies that have a CCL. Therefore there is nothing to register a default on at a cra.

 

If you applied for membership online then no signature is technically needed, although most gyms will get you to sign the first time you go in.

 

Your next best option is to do a SAR on the gym and find out what they ahve on you.

[refereesue]

I am very sorry but I don't understand what IMHO or CCL is !

I did join the gym online and went a few times, but my husband got a job in south wales. I wrote a letter of resignation to the gym explaining this and also of my intention to cancel the standing order. They were fine, accepted it and assured me I had done everything I should.

The letters came from Ashbourne after the due date of the standing order. I phoned the gym who said my membership was cancelled at their end and they couldn't understand any problem.

I was happy to provide a utility bill to Ashbourne to prove we have a house in South Wales, but my hubby said no, i hadn't signed anything and he wasn't having them hassling us in Wales. If they thought I had a contract they could send me a copy, which they seem unable to do and have never mentioned online membership.

A standing order of £12.50 has now escalated to £415 in the space of 6 weeks and I am at a loss what to do.

[refereesue]

So if a contract exists why can't I see it. Is this delaying tactics to bump the premium up?

I have an online phone contract, but they sent a paper one through for me to sign and return. The gym has sent me no correspondence other than confirmation of bank details and the gym telephone number to book my first visit.

[maroondevo52]

Three threads merged,

 

refereesue, please stick to one thread on this subject, makes it easier for people to follow and help you.

 

Thanks,

 

Scott.

[buzby]

Your contract and 'terms of membership' will be one of the same. Your payment of fees signifies your agreement to those terms (otherwise, why would you pay them?).

 

You need to discover what the Membership rules are, and use these as the basis for dispute resolution.