DFC Gym cancellation advice.

[brassneck1]

I am trying to cancel a membership run by DFC. I spoke to the gym owner via messenger after i had not worked for 3 months and asked him if he could cancel the agreement with immediate effect. He agreed ( i have the transcript of the conversation) .

 

I wrote to DFC advising them of the owners agreement and also pointed out that i regarded the gym contract to be unfair on various grounds such as automatic renewal and no clauses allowing for cancellation in the event of illness or financial difficulty etc.

 

They simply wrote back denying that the gym owner agreed to cancel and ignored my points about the unfairness of the contract. They have now threatened to pass this over to debt collection agency and i,m trying to work out what would be my next best move.

 

Can i move against them and challenge the contract myself, Ive not sent them the transcript of the conversation with the gym owner and i,m led to believe it is his decision only if the contract can be cancelled.

 

Having read a lot about gym contracts i,m convinced the wording of the DFC is unfair on at least 4 points that have been well covered by case law in the past so am confident that it is unenforceable.

 

Id rather not deal with debt collection agencies but would be happy for a judge to rule on the contract . Has anyone dealt with DFC ?

 

I,m assuming their gym contract wording will be the same for all their clients so would be good to hear from anyone who has challenged this and how they went about it

 

thankyou

Edited April 25, 2016 by slick132
Spacing added

[slick132]

Hi Brassneck and welcome to CAG

 

I've added paragraph spacing to your post above - large blocks of text are not easy to read.

 

1. What gym is this about.

 

2. Were you employed, or self employed.

 

3. Does the gym T&C's say anything about cancelling due to redundancy. If so, please confirm what's said.

 

DFC is seen far less often with regard to gym m/ships compared to Harlands.

 

I'd ignore DFC for now - there's no need to argue with them. Maybe contact them briefly once we have the info we need.

 

[brassneck1]

Thankyou for your reply.

 

ive tried to post a link to the contract wording but as i,m a new user it wont let me. Anyway round this?

 

 

 

I was not made redundant but was relying on a 3 month position being made permanent when i joined the gym in october 2016. This ended on 24th december and i have been doing agency work since febuary as had no work throughout january. Have been making barely enough to cover rent etc never mind £60 a month gym membership.

 

When my work situation didn,t improve i spoke to the gym owner onlne ( a local independant gym) who said he would agree to cancel the contract with immediate effect.

 

He said he would speak to DFC and inform them of the situation. Whether he did or not i cant say.

 

I emailed DFC and informed them of the situation. They replied telling me they had contacted the owner and he said he did not agree to cancel the agreement. I have not sent them the transcript of the chat we had as i,d hoped they would just go away.

 

Ive now had a demand for the whole contract of £550 immediately or debt collection agencies will be appointed.

 

 

Thankyou in advance for any advice .

[slick132]

Are these the same as your m/ship T&C's - http://www.meridian-fitness.co.uk/doc/terms.pdf

 

If so, is section 12.4 the same as shown in your agreement.

 

If not, just tell us what is said about redundancy or change in financial circumstances.

 

You refer to a transcript of the conversation with the gym owner - is this a recording, or your written recollection of the exchange.

 

[brassneck1]

No mine is completely different to that. Nowhere near as comprehensive. I have downloaded it and can send it via email if that then allows you to publish the link for me so others can read it.

 

The wording i have says i cannot cancel for any reason withing the contract. The only option it gives for redundancy etc is a suspension of payments at the discretion of the gym owner.

 

The transcript i have was a msn messenger conversation ....I have this saved as a file and also have not deleted it from messenger. I clearly ask him i he will cancel the contract with immediate effect and he says he is happy to agree the those terms. We had previously discussed my circumstances and the legality of the contract.

 

I will try and copy and paste the whole agreement in another reply

[brassneck1]

Lift - Performance Evolution Terms & Conditions

1. Membership

1.1. Your membership will begin on the day you join.

1.2. When paying by Direct Debit, an initial payment will be required to cover the period up to your

first DD payment.

1.3. Your membership is personal to you. You cannot transfer it to another person.

1.4. If Lift – Performance Evolution or the bank/building society makes a mistake with your direct

debit payment you are guaranteed a full and immediate refund from your bank/building society.

2. Fees

2.1. You must pay a monthly membership, which will be determined by your chosen membership

package.

2.2. Monthly instalments will be due on the 1st, 8th

, 15th or 25th of each calendar month or the next

available working day by Direct Debit.

2.3. We may change the amount of your monthly payments. If we do we will write to you 14 days

before the changes take place to the address you have supplied

2.4. Monthly fees are payable even if you do not use the centre.

3. Cancelling Your Membership

3.1. Memberships cannot be cancelled prior to the agreed contract length that you have signed up

for and the last payment has been made. A contract may be cancelled once the final payment has

been made; this requires 30 days notice in writing to Debit Finance . A confirmation letter will be sent back. Queries on cancelled

memberships can only be dealt with when a copy of this letter is provided. Contact Debit Finance

on 01908 422 007.

3.2. Memberships may be frozen for a period of time should circumstances arise out of the

members control, such as unemployment etc.

3.2.1.Frozen memberships must be first agreed by Lift – Performance Evolution.

3.2.2.There will be a nominal fee for frozen memberships to cover charges administered to Lift –

Performance Evolution by Debit Finance.

3.3. LIFT – Performance Evolution use a third party direct debit collection company for payment

transaction and will not be liable for charges occurred through missed payments or

unauthorised direct debit cancellations.

4. Facility Rules.

4.1. You must comply with the facility rules/etiquette which forms part of this agreement.

4.2. We may change the rules/etiquette at any time. We will post notice of any changes within the

facility.

5. Changing the Agreement.

5.1. We can change the agreement at any time. We will give you 14 days written notice of this

change to the address you have supplied

6. Facilities

6.1. You are entitled to use the facilities available for your category of membership package.

6.2. Upgrades in memberships are available but will be charged. You can obtain more information

at reception. We can change these prices at any time.

6.3. Before using any exercise equipment you must read and sign the Health Commitment

Statement/Pre Activity Questionnaire and have a supervised induction session. We can refuse

access to our facility if we consider your health maybe adversely affected by the use of such

equipment. In such circumstances we will discuss this in person and determine a solution.

6.4. Lift – Performance Evolution may open/close earlier during public holiday periods. Facilities

may also close for occasional special events. Notices will be displayed in the centre in advance

notifying customers of any changes. No refunds will be available for these periods.

6.5. We may change our opening times if the facility is required for events, tournaments, exhibitions

or other special activities.

6.6. We may need to close our facility or part of it for repair/refurbishment on the grounds of health

and safety or improving customer service. Group training may also have to be cancelled due to

unforeseen instructor unavailability. In the above circumstances we will endeavour to:

6.6.1. Give as much notice as is reasonably practicable by displaying notices at Lift – Performance

Evolution.

6.6.2. Arrange for alternative facilities during a period of closure.

6.7. Your membership does not give you priority over other users or guarantee the availability of

facilities.

6.8. Lift – Performance Evolution management reserve the right to amend group training times.

Prior notice will be given within the facility relating to group training cancellations or the introduction

of new sessions.

6.9. Promotions do not apply to existing members.

CORE Terms of agreement:

7.1. CORE membership terms are as stipulated in the membership terms and conditions with the

addition of:

7.1.1. CORE memberships are 3-month contracts.

7.1.2. Times of training sessions may change due to public holidays. Alternative group training sessions

may be offered to suit the convenience of those involved. Notice will be given for any such changes.

7.1.3. Over the Christmas period there will be a change to times/days as the business will be working on

reduced hours from 24th December – 2

nd January.

7.1.4. No reimbursements can be made through loss of sessions such as holidays, illness, limited child

care etc, this list is not exhaustive. Alternative sessions may be offered at the discretion of staff at Lift –

Performance Evolution but this is not guaranteed.

7.1.5. Additional group training sessions (membership classes) are not included with CORE

memberships. Participation of these classes will incur a nominal fee set by Lift – Performance

Evolution and can be subject to change.

[slick132]

Can you also post up the transcript of the msn exchange as this will be relevant to the issue.

 

In my opinion, Sections 3 to 3.3 would make this agreement challengeable as it's normal to allow members to cancel re redundancy or change of finances. It's not adequate to allow the m/ship to be suspended AND you have to pay a nominal monthly fee during the suspension.

 

Edited April 25, 2016 by slick132

[brassneck1]

[brassneck1]

Its the gym manager/owner who i need to serve notice to leave.......At this stage would formally request the contract is terminated with immediate effect on the grounds i do not have the ability to pay.....If you could inform DFC of this and they can then make a joint decision with you. The next payment is due on the 1st so i,d appreciate if you could ring or email l them asap and ill cancel the direct debit over the weekend......

 

2/26, 11:03pm

Keir Wotherspoon

I can certainly agree those terms [brassneck1] and will speak with DFC but unfortunately I will be away all weekend. I won't be back on site until Monday afternoon. I have clients in all afternoon Monday so it will be Tuesday by the time I get chance to speak with them.

Edited April 25, 2016 by slick132
identifiers removed

[Bazooka Boo]

DFC are the finance outfit who service my gym membership, and for the most part are pretty toothless, it is the gym who need to tell DFC to back off.

 

DFC will add their fees/charges, usually £10 I think? for the trouble of writing to you, blah blah blah, deal with the gym direct IMO, DFC are powerless.

[brassneck1]

The gym owner has washed his hands of the matter. He said i have to deal with DFC and its nothing to do with him.

 

No idea what the truth is or if DFC have told him to say that but all he does is pass me the contact number for DFC and tells me to contact them?

[Bazooka Boo]

What gym is this?

 

It is everything to do with him, he instructed DFC to manage DD's.

[brassneck1]

Its an independent gym not a chain. The guy only opened over a year ago and he,s a good guy but think he is very naive when it comes to contracts etc. My feeling is he has been told not to speak to me and to pass me onto DFC and there isnt a lot i can do to make him change his stance.

 

I had this discussion with him when i was chatting to him about cancelling and he just wasnt interested in legalities but as you can see from the transcript was happy for me to leave. I think he then contacted DFC who told him this wasnt possible and have pursued me for the full amount. So i have to deal with them and make them go away.

[Bazooka Boo]

Incorrect, you don't have to deal with them at all.

 

Which gym is this?

[brassneck1]

The gyms name isn,t really relevant to my post. The terms of the contract and how i can approach the threat from DFC is what i seek advice on. I cant force the gym owner to speak to me and he has passed me to DFC twice . It is their threat to involve debt collecting agencies i,m trying to deal with and ultimately the cancellation of th contract as agreed. If this involves writing to the gym then so be it but id like to know the best way to approach this. Ive already told them i regard the contract as unfair and that it was agreed i can cancel but clearly they refuse to acknowledge this

[slick132]

Hi again,

 

Now I've seen the reply from the gym, I'd say you are pretty much in the clear with this case. Were your message and their reply both sent on 26th Feb ?

 

The gym response is all you need to tell DFC to take a hike, whether DFC like it or not. The gym staff aren't going to help you at all now but you don't NEED them to.

 

DFC will continue to make demands and add on their admin fees but I would refuse to pay them any more. I'd simply ignore them for now.

 

Keep us posted ............

 

[brassneck1]

Yes the msn conversation tool place on the same day. ve only posted the last 2 messages but the whole thread is longer where i discuss the fact why i think the contract is unfair as well as explaining my finaccial situation.

 

How do i stop DFC from sending this to debt collectors and putting a default on my credit file if they refuse to cancel? Do i have a legal threat i can make to stop them doing this ?

[Bazooka Boo]

You cant and you won't.

 

Your only respite in this is the fact that DFC can't touch your credit file.

 

They'll continue to add their unenforceable fees and ramp up their empty threats in the hope you become, DFC will pass it onto an equally powerless DCA who will try and wear you down even more with empty threats.

 

If you don't want to deal with the gym, whose responsible for the actions of their chosen third party, then simply ignore DFC and any other powerless DCA who chances their arm at demanding you pay money you owe.

 

The reason behind asking for the name of the gym, independent or not, is so others can get the full picture, as they may well have been hauled over the coals before by the OFT (in their day), plus as this sounds like a franchise firm, X4L, 24/7 fitness etc etc then you can go above the managers head and force the company, not the franchisee, to intervene.

[slick132]

Yes the msn conversation tool place on the same day. ve only posted the last 2 messages but the whole thread is longer where i discuss the fact why i think the contract is unfair as well as explaining my finaccial situation.

 

How do i stop DFC from sending this to debt collectors and putting a default on my credit file if they refuse to cancel? Do i have a legal threat i can make to stop them doing this ?

 

The rest of the conversation is probably not needed for now. The fact is that the gym agreed to you stopping payments and that should be enough to support your case.

 

Gym m/ships are no longer reported to CRA's, following the AMSL High Court case in 2011.

 

If you read other threads here, you'll get a better picture of how others are dealing with their own gym cases.