Fitness First and CARS

[Chlodo]

Hi everyone,

 

I was hoping someone could offer me some advice.

 

Background info:

 

Signed up to a 4 month only contract with my partner on the same day and time at our local FF gym. We were told that at the end of the 4 months the contract would come to an end UNLESS we asked for it to continue.

 

Roughly a month before our contracts were due to end my partner got a letter from FF saying that his contract was due to end and if he would like to continue to phone them up and let them know, so I thought the same would happen with me.

 

Well I never received such a letter but as we had signed up for the same thing with the same person, surely there would be no problems and mine would end. At the end of the contracts his came to end without a problem, for me however it did not.

 

I cancelled my DD a day or so after the last payment was due, all paid up nothing owed. The next month I start getting text messages and phone calls from FF saying I owe money.

I phoned the customer service number provided, to be met with some thick individual who is blatantly reading from a script who can not answer a simple question.

After a while of going in circles I can feel myself ready to scream and swear at this person, which I know is not going to help the situation, so I instruct him to cancel my contract there and then as they hadn't cancelled it at the end of 4 months and I refuse to pay for their staffs mistakes/incompetence (take your pick) and to put it in writing my contract is cancelled and hang up.

 

I never received anything in writing, kept getting text messages, so I emailed their customer service, never heard back.

 

Then start getting texts and calls from CARS, well I refuse to pay for something that isn't my fault so go to my citizens advise bureau, who have written to FF and are waiting for a reply. In the meantime I have since received a letter from CARS "demanding" payment or they will take me to court.

 

When I signed up to FF I told them verbally and on their medical conditions forms I had some medical conditions so to factor that into exercise regimes etc, neither my partner or myself were ever shown how to use the equipment safely, we weren't made to feel welcome, which is a part of their contract to the customer.

 

What I would like to know is 1 - will CARS actually take me to court? 2 - does FF have any case against me.

 

I am worried these gits are going to ruin my credit rating which will cause me trouble in the future.

 

Oh also FF sent me a customer rating email to let them know how well they did..... burst out laughing at their stupidity, I don't expect to ever from them about my complaints.

 

Thank you

[slick132]

Hi Chlodo and welcome to CAG

 

See my comments a few minutes back to another new CAGger with a similar issue - http://www.consumeractiongroup.co.uk/forum/showthread.php?403540-LA-Fitness-Signed-up-and-was-told-10-day-cooling-off-(3-Viewing)-nbsp

 

I'm not sure if the CAB will help your case but no harm in waiting for FF's response.

 

Medical conditions will not come into the picture here - you joined for 4 months and did not choose to continue, same as your partner.

 

Have you checked to ensure that the contract would not continue unless you gave notice to cancel during the last of the 4 months.

 

CARS will threaten all sorts and they'll add their Admin charges. However, they are highly unlikely to take court action and their Admin charges are unlawful penalties and they're not enforceable.

 

Also, CRA's no longer carry data about gym memberships so this should not affect your credit rating. The High Court case of The OFT v Ashbourne Mgt Services Ltd in 2011 put an end to the reporting of gym membership "debts" by the CRA's.