Any lawyers help? Do i have to prove i gave written notice to gym...they say not received!

[Winkyslink]

I wanted to cancel my gym membership, but i needed to give a months notice or be charged. I wrote to them and dropped the letter in by hand, but now they say they have never had it! The person i dropped it with doesnt seem to be there anymore. What can i do?
Someone told me that the law considers a document to be served if you take it to the company registered address, even if you dont get a receipt (companies act?). Is this true? Help gratefully received!

It is very unlikely that that the gym itself is the registered address of the company operating it, but unless the contract (membership terms and conditions) specified service of notices at a specific address, delivering it to the gym should be sufficient.

Gyms are notorious for making it really hard to cancel their service, ultimately if you cancel your direct debit they may take you to court and the court will decide whether you are telling the truth.

In general, a Certificate of Posting from a Post Office is the best way of evidencing contractual communications.

Thanks, Mr A! I had assumed taking it by hand was the safest way, but now its my word against theirs!

Does the reception area have CCtV? You could ask to view it....

Would it be Fitness First by any chance?

They are notorious for this and I had the same problem. I was caught between their collections who wanted the month's notice payment and the gym who said I'd never given notice.

I went to the gym, saw the membership person and got tough. Told her exactly when I dropped it off and suggested she looked at the rotas to see who was on duty. I probably made a few snide comments and how she should do her job. It got sorted in the end.

If it is only for one month's payment, I doubt they would go to court over it.

Ask for the CCTV.
Show them a copy of your letetr if you have it which will suggest it exists.
Do a signed statement - your evidence - that you did deliver it.
If you told anyone else you were delivering it that day get them to sign a statements aying tehy remember your saying you were delivering it.

Refer them to the Office of Fair Trading recent examination of gym contracts and say you will report them to the OFT if they do not take you at your word.