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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

To just stop paying?

22 replies

ChunkysMum · 17/07/2012 08:30

Two months ago I signed up to a gym.

Unfortunately, since then, we have had an unexpected change in circumstances that means that we can no longer afford it.

I went in to cancel yesterday only to be told that my contract is 12 months long and I can't cancel. Apparently it was in the very small print terms and conditions.

I know I should have carefully read all of the terms but I made a stupid mistake and now we just can't afford it.

What can I do?

OP posts:

SecretPlace · 17/07/2012 08:33

I just stopped paying. Got phone calls from debt collectors and a letter saying I'd be getting a CCJ. it never happened and now a year on its all forgotten about.

First of all though I'd go in and say you're moving away and need to cancel your contract. Just see what they say. It worked for my friend with a large gym that begins with P.

cuntflapwankbadger · 17/07/2012 08:33

I don't think you have much choice other than to pay tbh. Have you told them you can't afford it?

cuntflapwankbadger · 17/07/2012 08:35

Is it worth the risk that this particular gym may take you to court and you end up with a ccj? That's not really the responsible way to deal with it is it ?

WaitingForMe · 17/07/2012 08:36

You'd be unreasonable but it's more important to pay rent/mortgage then CT then utilities.

I'd book an appointment with the manager, explain that a solution needs to be met as otherwise you won't be paying. Don't get emotional. It will depend on the decency and intelligence of the manager but may be worth a try. If you're willing to pay a severance fee they might accept. Don't bother with reception staff as they won't have the authority to make the decision.

vj32 · 17/07/2012 08:36

Talk to them. We paid our way out of a contract when we moved. Think we paid 50% of what was left. But better than nothing.

Original poster

ChunkysMum · 17/07/2012 08:37

I told them that I didn't have time to use it. I know that was stupid but I felt embarrased having signed up to something that I can no longer afford.

I am going in again this morning to talk to them, but what should I say?

OP posts:

steben · 17/07/2012 08:38

Can you ask if they will suspend payments for 6 months or so and re-visit it then?

SecretPlace · 17/07/2012 08:38

cuntflap circumstances change and what's more important is that food is put on the table and a roof is kept over their heads. It was probably hard for the OP to admit she could no longer afford it so stop making her feel worse.

They won't take it to court, they never ever do.

cuntflapwankbadger · 17/07/2012 08:39

Secretplace Yes, and it's also important to find a responsible resolution and TALK to the gym to find one. It's not their fault op signed up to something she couldn't afford. It's stupid to risk a ccj because you are too cowardly to lay your cards on the table.

gothicangel · 17/07/2012 08:39

say your moving away, to an area that they dont have a gym (google them ect)

good luck xxx

Original poster

ChunkysMum · 17/07/2012 08:41

I will try talking to them this morning. I feel so stupid. I have completely let my family down. (DH has been made redundant and is really upset so I haven't yet felt able to tell him I couldn't cancel the contract).

OP posts:

Scarredbutnotbroken · 17/07/2012 08:42

Have a look on the money saving expert forums there are threads about this. Living well got v heavy handed when I did this. I think the fixed contracts are harder for them to enforce now but get properly informed

SecretPlace · 17/07/2012 08:45

cuntflap isnt that exactly why I suggested, talking to them first? :)

But even if she does talk they can choose to make her pay it. In which case responsibility will have to go out of the window because responsibility doesn't feed the kids.

SecretPlace · 17/07/2012 08:46

Nothing to do with cowardice, try having a bit of compassion for a woman who's partner has been made redundant.

rogersmellyonthetelly · 17/07/2012 08:49

Have you asked if you can suspend your membership? We do that here for our members who are I'll/injured/pregnant or suddenly have a change in financial circs. Also you may be able to transfer your membershiP if someone else in your family/friends wants to join x
For the record, we always pursue failure to pay, it's a contract like any other, however I can't imagine doing a 12 month membership without explaining clearly that it is a 12 month contract and they are obliged to
Pay membership for the full year. But then we are a small independent gym who cares about our members and if they don't pay, it's a big hassle
For us so not in our best interests to join someone whom we think won't pay or doesnt realise they are tied in for 12 months!

Coconutty · 17/07/2012 08:52

This reply has been deleted

Message withdrawn at poster's request.

cuntflapwankbadger · 17/07/2012 08:52

Secretplace Of course I have sympathy, that's why I wouldn't advocate getting yourself a ccj and making everything worse.

Hawkmoon269 · 17/07/2012 08:56

Op, do not stop paying. Speak to the manager and explain that you can't afford your membership. If you feel upset and don't mind public crying, then cry! Honestly - he/she will find it harder to stick to their guns if you're crying.

Ask what your options are. I would suggest asking to either buy your way out of the contract (normally 50% of what is owed) or suspending your contract for 6 months.

Alternitively, could you sell your membership to a friend? On an unofficial basis - but they pay most of the monthly fee and use your pass? Just trying to think creatively here - can see how that might be tricky...

Whatever happens, get a resolution today and get it in writing. Gyms DO take people to court sometimes and not sitting this out could badly affect your credit rating.

Banjogurl · 17/07/2012 09:05

My course of action would be writing a letter to the gym. Hand deliver it directly to the manager telling him/her it's a matter of great importance.

In the letter I would set out the reasons you desperately need to be let out of the contract. Make it very factual. Include all the misserable details but don't be emotional. Most importantly include the fact that you regret not reading the "very small smallprint". State that you were not verbally told it was a one year contract and were very surprised to find that out.

Say that you hope that they will reconsider and let you out of the contract. Give them a week to get back to you to let you know (write the actual date in the letter) so that you can "take further action".

The further action bit will hopefully get them wondering if they have broken rules/acted unfairly/not been transparent about the terms of the contract. It just won't be worth the hastle to them (if they have any sense.)

I agree with the other posters that you're unlikely to get into trouble if you just stop paying but I'd be worried about my credit rating.

Frankly I would't feel bad about it - these companies are set up to shaft us - why else insist on a year contact for pushing a few weights ffs!

gallifrey · 17/07/2012 11:51

I just cancelled the DD on mine and when they phoned up I said it was the wrong number and then we moved!

Original poster

ChunkysMum · 17/07/2012 19:37

I didn't get chance to go in today but will tomorrow. Can't decide whether the letter or just talking is the best idea?

OP posts:

ShellyBoobs · 17/07/2012 20:36

The further action bit will hopefully get them wondering if they have broken rules/acted unfairly/not been transparent about the terms of the contract.

They're unlikely to wonder that at all; 12 month (at least) contracts are very standard for gym memberships so they'll be well aware of their position.

OP, I'd go with speaking honestly with the manager and appealing to their more generous and sympathetic side but would try not to be overly optimistic. I understand your situation is different but you truly wouldn't believe how many people sign up to 12 month gym contracts and then change their mind and try to get out of them using a myriad of stories and excuses.

(Source: my cousin is a pushy sales person membership consultant at a branch of a large chain.)

Good luck OP and I hope your DH isn't out of work too long.

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