Another LA Fitness Cancellation Problem

[slammindan]

Hi All,

 

I would really appreciate some advice with the following:

 

Some background. In February I visited LA Fitness and enquired about a corporate membership. I filled in a form with my contact details and a sales advisor showed me around the club. Later that week the sales advisor contacted me to see whether I was interested. I returned to the club the next day and gave my debit card (physically at the front desk) to the advisor. He took the information and gave me my membership card. I don't recall signing a debit card form however I definitely didn't sign a membership agreement (LA Fitness has confirmed this ). Later that same day I received an email (I can only assume it was generated by the sales advisor) of my 'agreement'

 

This email included the following information:

 

- 12 month contract.

- Agreed to the terms and conditions

- The normal cooling off period of 7 days does not apply as you were signed up in club by a sales advisor.

- During your induction you will be requested to sign a membership agreement, this will allow you access to the club. Upon your first visit you will be able to pick up your membership card, please bring a form of identification'.

 

This month I contacted LA fitness to discuss my membership as the fees I am paying are much higher than my colleagues and the facilities I feel are declining. My intention was to discuss my fees and either receive a lower fee or cancel my membership. After two weeks of little progress and refusals to discuss anything through the member call centre I'm now in email discussions with member relations.

 

Member relations have advised the following today:

 

'It states on the email that you have signed up in the club. The sales person took you through the contract in the club and explained everything to you. You then would have clicked to say that you agree to the terms and conditions which is legally binding. You do not sign anything on a self paid corporate membership as you agree via the internet'.

 

The above is simply false. At no time did I see a contract, terms & conditions & didn't touch a computer. Frankly I don't actively pursue a company to sign a contract unless it is absolutely necessary and in the sales advisors exuberance he failed to ask me to.

 

My position at present is that the original confirmation email from LA Fitness states that 'during my induction I would be requested to sign a membership agreement'. I did not have an induction and therefore if LA Fitness cannot provide a signed membership agreement, I would like a renegotiation of my fees or cancellation.

 

Additionally the original confirmation states that the 'normal cooling off period of 7 days does not apply as you were signed up in club by a sales advisor'. If I had signed up over the Internet as they are suggesting I would be granted a 7 day cooling off period under the distance selling regulations. Therefore this suggests I didn't sign up online.

 

LA Fitness are essentially saying that I signed up in the club over the internet (is this even possible?). Therefore I agreed to the terms and conditions and they do not require a signed member agreement.

 

In conclusion, I've been very reasonable in my dealings with LA Fitness throughout. My main gripe is what I consider unfair fees. In fact my preference is to stay with LA Fitness, with a fairer fee, which is the position I've stated all along. However, if a mutually agreeable arrangement cannot be made I would like to cancel.

 

Is this enforceable as LA Fitness are stating it is?

 

I appreciate any advise you may be able to provide

 

Dan

Edited September 29, 2010 by slammindan

[slick132]

Hi Slammindan.

 

Welcome to CAG and sorry for the slow response.

 

As I see it, you didn't tick any box as part of an internet sign-up process. Nor did you sign any m/ship contract at the gym.

 

So there would appear to be no contract in existence, despite the opinion of Members Relations.

 

Put this to MR, by email or letter, saying there is currently no m/ship contract despite what they say.

 

Then negotiate re the fees to get the same deal as your colleagues.

 

If they won't do this, tell them you will not be signing up and will take you custom elsewhere. Confirm that they have no basis on which to demand any fees from you and, if they pursue this, you'll report them to Trading Standards.

 

If you don't proceed with the m/ship, write to your bank cancelling the DD mandate which I assume you signed.

 

8-)

[slammindan]

Hi,

Thank a lot for your response.

LA Fitness still claim that I definitely signed up over the internet in the club therefore it's legally binding. Nothing they can/will do. As I;ve said I didn't sign up in the club over the internet and I'm reasonable sure they don't have a DD mandate from me. When they gave me my membership card they were suppose to be get me to sign the contract for access to the club but failed to do this (they won't accept this)

 

 

I can see no other way forward than to either cancel my DD and have it handed to debt collectors or pay till the end of my contract.

 

Rgds,

Dan

[slick132]

If you read other threads in this forum, you'll see so many people being bullied and harassed into paying money which they simply do not owe.

 

I can see no other way forward than to either cancel my DD and have it handed to debt collectors or pay till the end of my contract.

In your case, there is no contract so they can hand it over to whoever they like - you still will not owe them money.

 

If you're happy to remain be member, then enjoy the facilities and pay for them.

 

If you're not happy about this, write to LAF's head office confirming that there's no internet agreement as you didn't enrol in this manner, nor is there any signed paper agreement. Accordingly, they cannot pursue you for any money and you'll report them if they do.

 

Also, if you don't want the m/ship, write to your bank and confirm that LAF are NOT authorised to take any further card payments from you on your card no. xxxx xxxx xxxx xxxx. Any such attempt by LAF must be refused as there is a dispute with them.

 

8-)