Anytime Fitness

[spuggie]

Hi,

 

I signed up to Anytime Fitness in Northamptonshire.

I called the gym and they asked me to come in to sign up.

 

During the sign up process I was advised that the contract was monthly rolling.

I know that the contracts are normally 12 months yet the staff member said because I had been a member before (several years previous) that it would be just a monthly rolling contract.

 

I checked the contract and it did say 12 months

- I questionned this and she said don’t worry about that it will be monthly.

Big mistake because when I tried to cancel a month later the staff said I had no evidence of this agreement (she cleverly did it all face to face).

 

now I have been tricked into a 12 month contract that I didn’t want.  

I admit I shouldn’t have signed but she said it was definitely monthly and to ignore that part.

Again she said this face to face (so I had no recourse). 

 

Im quite angry by this but I’m remaining professional.

Is there anything I can do? 

 

Kind regards 

[dx100uk]

just because you have signed up to 12mts contract does not mean you have pay/use for the full 12mts.

if you want to end it simply state in WRITING BY POST that you wish to do so and allow ONE further DD payment to be taken then cancel the DD.

 

so to clarify, say you wish to end this in april, send them a cancellation letter BEFORE the april payment is taken, then cancel the DD when it is.

you will be able to use the gym up until 1mts following the last DD.

 

there is nothing anyone can then do to you.

gym debts do not appear on credit files

gyms do not do court.

any DCA they might forward any supposed debt onto are like ANY DCA on ANY debt ...NOT BAILIFFS and posses ZERO legal powers.

 

dx

 

[BankFodder]

Site team member @slick132 will be along at some point to complete the advice here. However, there is a rule called the "parole evidence rule" which basically says that where words are spoken which have the intention of modifying a written contract, then the words will prevail.

Of course, as you have pointed out – you have no evidence and it is your word against theirs. However, if the conversation that you had is what happened then you should stick by that story because it is the truth.

 

[slick132]

Hi Spuggie,

 

Don't worry about this. It will NOT cause you any serious problem.

 

I'll stop by later when I have more time and suggest a letter you can send the gym to take care of this.

 

[spuggie]

Thank you I appreciate this. I have been shocked that they basically lied to my face just to get me to sign up. 

 

Thank you. I like the sound of that rule. 

 

Thank you I appreciate it a lot. So many people including myself believed that DCAs could legally do something. It has been bothering me and lost some sleep over it. 

[dx100uk]

DCA's are totally powerless on ANY DEBT, no matter what it is.

 

dx

 

 

[slick132]

Hi Spuggie,

 

When you reply to posts, please use the reply box and not the quote button. This avoids everything being repeated.

 

I suggest a typed letter be sent to local the gym and get a free Certificate of Posting when you send it from a Post Office.

 

Quote

 

The Manager

Anytime Fitness

Address

Postcode

 

Date

 

Dear sir or madam,

 

I refer to my membership which started on xxdate.

 

Your staff member told me when joining that this was a rolling monthly agreement. I queried this saying it looked like a 12 month agreement but was assured it was a rolling monthly agreement.

 

When I spoke to staff a month later wanting to cancel, I was told I had a 12 month agreement which could not be cancelled as requested.

 

I was clearly and deliberately misled about the membership and consider the agreement terminated forthwith. Accordingly my DD Mandate has been cancelled via my bank.

 

I now require your written confirmation within 7 days that the agreement is terminated and that I will not be pursued for gym and/or admin fees.

 

If you fail to confirm the agreement is terminated or I am contacted by anyone demanding payment, I will make a formal complaint to your Watford head office about your staff member's behaviour.

 

Yours faithfully,

 

 

Cancel the DD mandate with your bank immediately. Given the staff member's deception, I would not bother offering to pay for the final month.

 

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

[spuggie]

Thank you I shall do that. Their head office is just as bad, I’ll let you know what happens 

[slick132]

Hi Spuggie,

 

Stay off the phone from now on and don't speak to the gym or head office for now.