to think that gyms are generally money-grabbing scumbags?

[TattytinsellooksDevine]

Have a gym membership. Was not tied in for any specific period of time (usually its 12 months) because I opted to pay a bit more (£49 a month instead of £42 a month) but despite this, was a faithful member for over a year, until I was about 6 months pregnant with my 2nd and things got difficult (pre-eclampsia and placenta praevia)

Despite that, I didn't quite get round to putting it on hold, but finally pulled my finger out and decided to go and cancel my membership at the end of January this year, after my baby was born, because I was finding with 2 children under 3 I just wasn't getting there often enough to justify it.

Went in and spoke to lovely admin assistant who mans the desk also who said, hey, dont cancel, lets just put it on hold for 12 months and review it in 2011, see how you feel then. They had their February payment, and the membership was on hold from 1 March 2010 onwards, for one year.

I said, okay, that sounds fine and we did that.

Was doing December's banking stuff online and decided I would not be reactivating the membership, so I wrote a letter giving notice that I wanted to cancel my membership, and cancelled the standing order, which wasn't due to start again till March 2011.

Have had a snotty letter from the gym saying I owe £49 for January.

I understand when they pursue people who cancel their standing order for trying to "get out of" minimum contractual periods. But I am not one of these. I have been a loyal member since 2003 and have not broken any contractual terms. AIBU to be miffed that they are trying to get money out of me for a service I have not used and am not going to use? If you think they are BU, what can I do if they decide to pursue this "debt" by sending bailiffs round? How can I expidite the process so it goes to the county court and I can fight it? Because I am so outraged by this that I think I'd have to have a county court judge tell me I need to pay it before I actually would, even if that means I have to pay their court costs.

What's the deal with this kind of thing? Bearing in mind I have not broken any contract?

Just to clarify, been a loyal member on and off since 2003 as schedule dictates. Of the 7 years between 2003 and now I've been a member for about 4 of those.

YANBU but maybe try complaining to someone more senior than whoever you have dealt with, like the company hq or whoever is at the top? and they may sort it out? I had a problem with a gym claiming to have a properly secure women's section which is why i joined it then the first day i went one of the staff told me "oh we let men staff go in, because they are not customers" - which was very different than what I had been told by the staff when I signed up, but they refused to cancel the membership despite the fact they had blatantly lied to my face, the manager of that branch was useless and would not deal with the issue @ all so i cancelled my bank card to stop the money going out and then complained to the headquarters, they then just sent a sheepish letter saying okay we will cancel it. I doubt they will send baillifs after you for the £49 realistically?

I dont know - I'm not sure how bad debts with gyms work. Sometimes they "sell off" bad debts (companies in general I mean). I agree that it wouldn't be worth their while if I made it pretty clear I wasn't going to pay up.

Its one thing getting out of a contract early (your scenario doesn't count, you were missold) but I wasn't even tied in, went in to cancel, was talked out of it with a very reasonable alternative which I didn't know was an option - I feel swindled!

I will not pay! Its not about £49, I will not pay!

Anyone know what the next step is if I start getting letters, bailiffs, etc? (Seems unlikely I know - I'd imagine most gyms just write it off)...

Can they threaten me with charging me "interest" on the "debt"?

I would (1) ensure standing order is cancelled at bank, and (2) write back stating that

"When you were in to see them and spoke to their admin assistant on [date?] it was agreed they would get their February payment, and 'the membership was on hold from 1 March 2010 onwards, for one year.'

To be told you owe anything is wrong, and they should check their records. Having young children and with the agreement to review it in 2011, you have given them more than 2 months notice that you will not be renewing and that's it, you owe them nothing more."

See how they react to that first.

Incidentally, which January are they charging you for ? January 2011 ?

To get a bailiff they would surely need to make a claim in the small claims court. You presumably have bank statements showing that payments were made, and the only (justifiable) thing missing is something in writing from the gym saying your membership was on hold until March 2011.

If they insist, tell them you have proof that your payment for February 2010 was made and that there was a verbal agreement to review your membership in 2011.

You have already decided you are too busy with your children to return to using their gym, and you think they are expecting too much if they think you should pay for a month you will not be using, and since your standing order had been set to restart from March 2011, they would not have received anything for January had you decided to return in March.

You are now in a position where you could not recommend the gym to any of your friends, given their attitude, and will defend yourself in court, should it be necessary, as they are clearly unable to manage their paperwork and have decided to demand a fee without any justification.

Thank you, Networkguy

I have cancelled the standing order.

The "on hold for 12 months" thing was verbal, so to an extent their word against mine.

I saw them on the 2nd last Friday of January 2010 (this year) and it was too late to stop Febuary's payment going out on 1 Febuary, but I accepted that, and said the 12 months could be from then on (so I could use the gym until end of Feb) and the 12 months was from 1 March (when Feb payment had "run out") and that I would therefore need to inform them early-ish 2011 to not run into this kind of trouble.

So, being early December, I feel I'm in plenty of time!

The payment they want is for January 2011 - they wrote to me on 6th December!!! Finding it hard to believe a BACS/CHAPS mandate thingymabob has to be submitted that early.

But in any event, they are not due a payment for January 2011, or even February 2011, as with a 12 month stop, having had a Febuary 2010 payment, it would be March 2011!

I think I need to speak to the admin assistant in person - I suspect she has the discretion to write this off herself - but she's on holiday till Monday. I've been using their creche on and off here and there in the meantime, and always have friendly chats with her while I pay etc - I can't help thinking that if she realised "membership number xxxx" was me, and I spoke to her, she might repent.

But I'm not sure. Because its a gym. Gyms are all about the £££££££££££££

But I am determined not to pay it the GREEDY SCUMBAGS

I think they can only charge about 8% per year after they get a judgement in their favour.

It is relatively cheap to go to court, but you will be in a position to threaten going to the local press about

"How an expensive (*) gym is being quite bullying towards a mum with young children, who put her membership on hold from March 2010 to February 2011, and have only reacted with a demand for 49 pounds on receipt of a letter from you where you explain you will not be renewing your membership.

Perhaps they are desperate for the money if they are going to take you to court over this small sum. You were fair with them - you gave them over 2 moths notice, and what did they do in return ? Demand money for January and then start court action...

They've lost your goodwill and that of all your friends too, now."

Make sure that you speak to them when you threaten using the local press and internet, so they don't have anything in writing - you might mention that chasing you for 49 pounds seems so desperate they must be having financial troubles (bet they would hate that suggestion going into a newspaper!).

(*) 49 quid is more than I spend in a month on food, for myself and my cat... and I thought 30 quid in this area for gym membership was expensive!!

Oh, so glad you have used their creche - and that she is still working there - as it would be so much more easy if the gym was able to say "that person is no longer employed here" and then it would be so much harder to be sure what was said.

Bank issue really depends on lots of things - if it was a direct debit, then initially they need to give 14 days notice (and presumably they want to avoid delays caused by Christmas postal delivery dates)...

For a standing order, they probably ask for it nice and early to be able to check it is readable and signed etc and ready to go from the start of January. Seems they are being exceedingly keen and taking "review in 2011" as meaning 01/01/2011 not 12 months from end of February 2010.

"sure what was said" should be challenge their opinion / claim about what was said.

Lesson for us all - demand a letter to confirm any such verbal agreements - and keep demanding until one is provided...

Before you get yourself in a right old state, may I suggest a friendly word with the manager first pointing out your long standing, albeit adhoc membership. And that this payment demand smacks of poor customer service and will mean you will NEVER return and you'll tell every friend you know.

It could be simply a case of computer says no rather than any formal debt chasing. Nowadays computers spit these letters out as a matter of course.

Not worth going to the aggro of court etc until you've exhausted the nice way.

It did have a "standard form" mood about it, this letter. I will go in and see her. I'm getting all rabid-dog prematurely, probably, but its good to know exactly how far you are willing to take these things and how before you have these conversations too, in my experience, and I really appreaciate your contribution.

To be honest I'd be gobsmacked if they let me go to court over £49 but I swear to god I'm willing to!

Thing is, I'd love to rejoin when the kids are older - school aged or one at school one at preschool - they'd be silly not to see that if nothing else...

And I'd happily continue using the creche in the meantime, occasionally, too - they have a "drop and shop" facility, which can be a godsend if 3 year old has a hospital apt or similar, and vice versa. I dont actually use it to "shop" but its great having an ad-hoc childcare facility which allows you to be off site as I have no family nearby to "have DS for me for 2 hours" type thing...

They were like family