No statutory cancellation policy?

[sarahc1986]

I signed up to my local gym the other week however they use an external company to handle the monthly collections side of things. I signed up 8/7/2013 however i'm now working 6 a week and back at uni from September part time - naturally finding time for the gym will be a struggle. I know with most things theres a 14 day cooling off period but i can't see anything relating to this on the confirmation email. All the email says is:

 

Minimum period: 12 months

(Non Cancellable in this period)

 

Terms & Conditions

 

Definitions: The Service Provider = "We"; The Customer = "You"; Debit Finance Collections Plc = "DFC"

 

Terms of your Contract

 

Period of Commitment

 

You are agreeing to subscribe monthly for the services provided by the Service Provider and contracting to remain a subscriber for the minimum period shown overleaf.

 

Termination of Service

 

Limited right to cancel

 

During the minimum period of the agreement you may cancel the agreement only:

 

If we fail to maintain the standard of service you would reasonably expect.

If we alter the operating hours of the services unreasonably.

If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so.

If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place.

If you lose your employment and are unable keep up the repayments as a result. You must produce documentary evidence and initially we shall be prepared to suspend payments for two months and review with you your financial situation thereafter.

Termination Payment for Early Cancellation

 

If you cancel your subscription during the minimum contracted period, other than in the circumstances set out above, we shall be entitled to a termination payment (a "Termination Payment")

The Termination Payment will be the total of:

 

The arrears, if any

Any accumulated late payment charges that have been or will be incurred

The monthly subscriptions that would otherwise have fallen due before the end of the minimum contracted period.

You will be given credit for early payment and this will be a discount allowed against the total you have to pay. For details of how the discount is calculated please contact DFC.

 

Missing Payments

 

If you miss two payments you will be deemed to have breached your contract.

 

Giving notice to cancel

 

DFC (The Collecting Agent) will continue to collect your monthly subscription after the minimum contract period. Should you not wish to continue subscribing after the minimum period you must give notice to cancel the contract in the month before the final payment of the minimum period. If you wish to cancel the contract at any time after the minimum contract period you must give one month's notice. The notice should be in writing or by e-mail and sent to the service provider or Debit Finance Collections Plc.

 

Collecting your monthly subscriptions

 

Debit Finance Collections Plc ("DFC") is our agent for the collection of your monthly subscriptions. DFC will collect your subscription monthly in advance on our behalf by Direct Debit.

 

If you fail to make a payment on time you will incur the following charges:

1) Fail to pay the subscription on the due date ..................................................................................................................................£10.00

2) Fail to pay the missed subscription within 7 days of the date of a reminder letter ..................................................................£20.00

3) Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice ......................................................£30.00

Late payment charges become payable immediately they are incurred.

Other Charges

1) Payment other than by Direct Debit .................................................................................................................................................£5.00

2) Any cheque returned unpaid by your bank.....................................................................................................................................£10.00

 

DFC is also our agent for serving notice and collecting any Termination Payment which becomes due. Any notice served on you by the terms of this contract will be deemed to have been delivered to you the next day after it is despatched by us, or our agent.

 

Data Protection Statement

 

Debit Finance Collections plc always uses information submitted by you ('Information') in accordance with all relevant data protection legislation. By signing this agreement you confirm your acceptance of the terms of the Data Protection Statement. Debit Finance Collections plc will use information as follows:

 

To supply services as requested by you including the transfer of information to employees, agents and third parties as required for this purpose.

For administration purposes

To market Debit Finance Collections plc services to you.

Debit Finance Collections plc may also disclose details of your account to a debt collecting agency for collection and tracing purposes.

Debit Finance Collections plc may transfer its business assets (which include information) on sale or merger of its business.

 

The Data Protection Act 1998 gives you certain rights, including the right to request a copy of your information and to have inaccurate information corrected. Please contact the Data Protection Manager, Debit Finance Collections plc, PO Box 6046, Milton Keynes, MK1 9BA.

 

 

Does this mean that for the next 12 months I'm going to have to pay due to there being a minimum term imposed on me? Is there anything I can do as I don't want to be shelling out £360 over 12 months for something I won't be using.

[citizenB]

Just because that clause is in their T&Cs does not mean that it is fair or even enforceable. However, I will try and find someone who knows for sure.

 

http://www.consumeractiongroup.co.uk/forum/content.php?792/

Edited July 20, 2013 by citizenB

[sarahc1986]

Thanks any help would be appreciated. I've had a membership dealt with by them years ago which ended in dispute as they constantly denied getting notice of cancellation from me

[citizenB]

I have asked a couple of the team to look in on you. It might not be a for a little while..

[citizenB]

Apparently there might not be a cooling off period as this was not a distant selling contract.

 

Were you aware that you would not be able to make use of the facilities due to other commitments when you signed up ?

[sarahc1986]

No i've always worked full time but only received confirmation i'd been accepted onto the part time degree programme on Thursday 18th - I applied months ago and had forgotten all about until the letter came through

[slick132]

Hi Sarah,

 

You need to confirm where you were when you joined - eg at the gym, at home, somewhere else, etc.

 

Also, did you sign a paper form, sign up on a computer sytem, etc.

 

When you go back to Uni in September, is that away from home or local to it.

 

[sarahc1986]

I signed up online through the fast direct debit website linked to Wigan Life Centre/WLCT. No payments have been made yet the first DD is due 1st August and i've not used the facilities

[slick132]

Hi Sarah,

 

Sorry but please confirm WHERE you were when you signed up online - eg, on the gym's premises, at home online, or somewhere else.

 

[sarahc1986]

I signed up online at home through the gyms website

[slick132]

Hi Sarah,

 

As you joined from home, as opposed to signing physically at the gym or using their in-house system, I think you are covered by the Distance Selling Regulations.

 

There's a useful guide from Which? here - https://www.google.com/url?q=http://www.which.co.uk/consumer-rights/regulation/distance-selling-regulations/&sa=U&ei=6ArrUYfbE9SS0AWR3YCADg&ved=0CAcQFjAA&client=internal-uds-cse&usg=AFQjCNEk-MbjWDn8pzWTHs1lBjIsglVbAw

 

Read this through carefully, to see what help you think it may offer you.

 

Can you please confirm:-

 

1. When they contacted you by email confirming the m/ship details, did they make mention of your right to cancel within 7 days if you wish.

 

2. Did you use the gym facility at all after joining and, if so, what was the first day you used the gym.

 

My understanding is that you may not have a 7 day cooling off period if you used the gym before the 7 days was up.

 

However, if they failed to tell you about the 7 day period when they confirmed the m/ship's T&C's, then they may be in breach of the DSR's.

 

Edited July 21, 2013 by slick132

[sarahc1986]

Hi

 

1) All the information I received is in the first post no mention of rights to cancel. The actual gym I've joined T&CS were attached as well and it isn't mentioned in there either. Below are the ones attached to the leisure centre which looks like they just provide the facilities and Debit Finance deal with membership and payment

 

2) I haven't used the gym or any of the other facilities covered by the membership as they require a pro rata payment to cover the period before the payments commence so 8th July-31st in effect just short of a full month.

 

T&CS for the leisure centre

 

Terms & Conditions

 

- Access to facilities/activities is governed by the rules of management at participating facilities and are subject to availability copies of which can be obtained upon request.

 

- An Induction is required before you can use the Profiles Health and Fitness Centre. This includes satisfactory completion of a Physical Activity Readiness Questionnaire and the undertaking of an appropriate workout (please wear suitable comfortable clothing e.g. trainers and shorts/ tracksuit bottoms and t-shirt). An induction must be booked with reception and will be arranged subject to availability.

 

- A pro-rata payment will be required on your first visit. This is a payment required for the use of the facilities until your first direct debit payment is received.

 

- WLCT reserves the right to take any action deemed necessary where it is found that the card holder has abused the scheme.

 

- Administration fee of £1.60 will be charged for all lost or replacement cards. Cards must be presented on every visit.

 

- Membership is valid for 12 months. £1.60 upgrade fee must be paid annually.

 

- Student Membership: Students must be in Full- Time Education with letter from their college, proof of ID/ Student Card are required. Students are required to bring proof of these requirements to the WLCT Leisure Centre of their choice.

 

- Lifestyle card is not transferable.

 

- For security a photograph of the card holder may be taken and held on the system. In case of dispute the decision of WLCT shall be final and binding.

[slick132]

Hi Sarah,

 

If you agree, I think you should write to the gym and copy the letter to DFC, as follows :-

 

Dear sir or madam,

 

I refer to the gym membership that I agreed to on xxdate on your website.

 

Because of the way in which I joined, the Distance Selling Regulations apply and you should have sent me details of my right to cancel, as well as other terms and conditions. You failed to do this and I am therefore not bound by the membership agreement.

 

I did not use the gym facility at all after joining and hereby confirm my wish to terminate the agreement with immediate effect.

 

Yours faithfully,

 

See how they respond to this. If they continue to make demands, we'll suggest a firmer response and the threat to report the gym and/or their admin company to the OFT.

 

[sarahc1986]

Thank you for your help I'll get the letter off to them tomorrow. I'll send it recorded delivery to confirm they've received it. I'll keep you updated with the progress

[slick132]

You're v welcome and send a copy to the admin co at the same time.

 

;-)

[sarahc1986]

I sent an email directly to the gym before posting in here advising I'd been accepted at uni and wasn't able to take up my membership. They've called today and left a message advising as I'm in the 14 day cooling off period they've cancelled this. Obviously debit finance don't state this on signing up

[citizenB]

So this is now resolved, yes ?

[sarahc1986]

Yes they've cancelled my membership as of today

[citizenB]

Excellent news.

[slick132]

Hi Sarahc and this is excellent news indeed !!

 

Don't be surprised if you still receive demands from the gym Admin Co.

 

If you do, let us know and we'll help see them off.