Anytime Fitness Cancelation Issue

[Xarinoth]

Hi guys,

 

Hope you're all doing well.

 

So I started a 12 month contract with Anytime Fitness last November, and because I am self-employed money got pretty tight over the next few months.

 

Fast forward to last month, my budget was a lot tighter than I expected and I emailed the manager at Anytime Fitness and asked if I can cancel out of my contract because of my situation and they basically said they can't do anything. In my email I did state that I am happy to give them 30 days notice but I would need to cancel after.

 

I decided to cancel my direct debit after the next payment was taken and recently started to get emails and texts saying I need to pay my next payment of £36.50 and if I don't in the next 4 days I will have to pay a late fee of £12.

 

I know I am technically tied to a contract, but I'm not sure what to do right now.

 

[Homer67]

Gym debts don't appear on credit scores as far as I am aware and they can't add charges if you have given them notice.

 

Give them writtem notice that your circumstances have changed, you can no longer afford memebership and you have cancelled it.

 

Be prepared for all sorts of nasty letters claiming you owe them money. You don't.

[BankFodder]

https://www.consumeractiongroup.co.uk/search/?q="anytime fitness"&updated_after=any&sortby=relevancy

 

[Manxman in exile]

If he entered into a fixed 12 month contract seven months ago then he will owe them money, won't he, unless the T&Cs allow him to terminate early without cost? 

[Xarinoth]

1 hour ago, Homer67 said:

Gym debts don't appear on credit scores as far as I am aware and they can't add charges if you have given them notice.

 

Give them writtem notice that your circumstances have changed, you can no longer afford memebership and you have cancelled it.

 

Be prepared for all sorts of nasty letters claiming you owe them money. You don't.

 

That's what I have read from other posts but my reason isn't really valid as it doesn't meet any of their termination requirements such as relocating, been made redundant, or being too ill to use the gym.

 

I'm hoping it applies to me as well.

[dx100uk]

21 hours ago, Manxman in exile said:

 

If he entered into a fixed 12 month contract seven months ago then he will owe them money, won't he, unless the T&Cs allow him to terminate early without cost? 

 

WRONG!! not on gym contracts

 

to the OP...you told them you were cancelling and let one more payment come out.

 

thats perfect 

now ignore everyone.!!

[Bazooka Boo]

As above, gve them notice, allow them one final payment and then cancel your DD or standing order and ignore.

 

Absolutely nothing they can do, although they will tell you otherwise, in this instance the consumer holds all of the cards, they have no recourse.

[slick132]

Hi Xarinoth and welcome to CAG

 

Plenty of opinion here already but I will offer my own as well - 

 

You signed up to a contract and are technically bound by it's T&C's. However, the reality is that the gym and their admin co. are very unlikely to do anything that will affect you.

 

They are most unlikely to take any legal action and, at worst, they will pester you with demands and threats. When you simply ignore their demands, they will give up and move on to weaker prey.

 

They will do nothing to affect your credit rating.

 

Just ignore them from now on and, if they call you at all, tell them IN WRITING ONLY and hang up..

 

Keep us posted and we'll step in to assist if necessary.

[FruitSalad1010]

What is the reason that this differs from other contracts entered into, for example tv/internet/phone contracts.

 

Is it due to the ruling made regarding unfair terms resulting from - OFT v Ashbourne Management Services Ltd and others [2011] EWHC 1237 ?

[dx100uk]

[FruitSalad1010]

What I don't understand is that the judge's ruling refers to contracts as they are constructed and very little of the ruling is to do with the fact it was a contract for specific use of a gym.

I am unclear as to why this ruling can't be applied to all contracts of a similar nature, it is easy to understand that a utility company could not reasonably pursue an individual for payment for electricity or gas they did not use despite being under contract.

 

What is not so easy to understand is why the majority of people agree that a tv/phone/internet providers can successfully pursue an individual should they terminate a contract early. Is it simply because should these cases ever go to court they are invariably decided in favour of the claimant?

 

Perhaps it depends on whether the agreement is regarded as forming a credit agreement. The ruling in the case linked above indicated that contracts to use gym facilities were explicitly not credit agreements, but I fail to see how paying for a contract with for example sky tv could be considered a credit agreement. Thus any departure from the contract could be defended using the ruling from OFT v Ashbourne Management Services Ltd??

[slick132]

Hi FS,

 

The High Court case was brought against AMSL by The OFT because AMSL were reporting folk to CRA's and trashing their credit rating. They were using this as a weapon to force folk into paying whatever gym fees and admin fees AMSL said they owed.

 

The judge ruled that AMSL agreements were not credit agreements, that agreements for over 12 months were unenforeable, and that alleged arrears should not be reported to CRA's.

 

If you want to discuss this further, please start your own thread to avoid hijacking Xarinoth's thread here.

[Andyorch]

Topic open