Cancelling due to mental illness - am I wasting my time?

[mrandmrs]

I took out a 12 month gym contract which is being dealt with through Harlands.

I have called the gym and they just said 'no worries just give your membership card back and cancel your direct debit with your bank and call Harlands to cancel' but I fear it may be a little more complex than that??!

My 12 month contract is until August 2014 but I have since been diagnosed with agoraphobia amongst other mental health conditions so, needless to say I cannot go to the gym. Im awaiting therapy but the wait is currently approx 15 months so my health is not likely to improve any time soon.

So, I have emailed Harlands explaining my situation and advising them I can forward a copy of my letter from my Consultant Clinical Psychologist detailing the conditions he has diagnosed me with.

 

My query...

 

What are my chances of them cancelling the membership?

Will I end up having to pay loads of money out? (Im not working due to my illness at the moment also so cant afford it either)

 

And, If they tell me to go forth... is there anything else I can do or try to get out of the membership?

 

Any help or advice greatly appreciated.

[Bazooka Boo]

Hello and welcome to CAG.

 

IMO I would simply return the membership card along with a covering letter, informing them that you are now unable to attend the gym due to ill health, and that you can forward them a letter from your consultant regarding this if they so wish.

 

Cancelling the DD is fine, but you might find that they will attempt to take money out of your account anyway, so it is best to cancel the DD and inform them that they are NOT to forward any payments to this gym.

If you gave the gym your bank card details then be aware they will use this to take money from your account, so inform your bank that you would like a new bank card as you have lost it, or it has been compromised, this will stop any funny business of them tryingto take money.

 

Did you pay the gym any money at all? For August and September?

[mrandmrs]

The only bank details they have are the ones on the direct debit mandate which is my sort code and account number along with branch details. The gym itself is a small private place and they arent fussed at all its only Harlands that I am concerned about. Im waiting for a response to my initial email which hopefully they will provide me more information on if they will let me cancel or not. Im keeping my fingers and toes crossed. Could use a little luck.

[Bazooka Boo]

OK I'm with you now, the gym has agreed you can cancel but your contract is with Harlands...

 

Do you have a copy of that contract?

 

Do you know if there was an Initial contract period, say three months, in which you couldn't cancel?

 

Have you paid them anything at all?

[mrandmrs]

It says 12 month contract and Ive been paying £40 per month. It also says that you can cancel if you have long term illness and can provide evidence, or if you move away, or if your pregnant etc.

[Bazooka Boo]

Then you shouldn't have anything to worry about, just ensure you put it in writing, get "proof of posting" which is free from the PO counter (get someone to drop it off for you)

And good luck with your pregnancy!! (only joking) Send them a copy of your consultants note when you get it, but NOT the original.

[mrandmrs]

Oh I really hope so!! Ill keep the thread posted in case others find themselves in a similar pickle! And thanks...! Maybe Ill visit them with a cushion up my jumper!

[slick132]

Hi MrandMrs,

 

In the circumstances you describe, you should be able to cancel the gym agreement whether Harlands agree or not. The gym will be fine with it but Harlands may need a little more persuasion. They may say you should have contacted them about cancelling but this is not true, after a High Court ruling against AMSL 2 years ago.

 

Please don't worry about this. We are used to helping folk deal with Harlands.

 

1. Please confirm the date you called the gym to cancel.

 

2. Please also confirm the date your DD mandate is paid to Harlands each month.

 

It is reasonable that you pay one month's notice after you cancel, but I doubt you'll need to pay anything more than that as long as you have something from your GP or a consultant that confirms you are seeking/receiving help for a condition. You do not have to supply Harlands with full personal details of your condition if you don't want to.