Cancelled gym membership - they're denying all knowledge

[Freefalling123]

I cancelled my gym membership last January, by dropping in a letter personally to the gym.

I paid the required months notice then cancelled the DDR

Mid March they contacted me to say my membership was overdue, and that I owed Jan, Feb and now March.

I emailed to say I had dropped in a letter personally, and provided a copy of the letter, and also pointed out, via a screengrab of my bank account, that I had indeed made the Jan payment, as I was obliged to have made.

Heard nothing further until October, when they started hounding me again. They email stated "Do you know when you came in to reception to drop the letter off? Would it be the same date as the letter is dated? If so, we might be able to have a look on CCTV to confirm this, as all letters and documents are kept on file. Unfortunately, if no proof can be found, we will still require you to pay the new outstanding amount of £50."

I had already said back in March I believed I had dropped it in on x date as I was off work, but couldn't remember exact date or time and certainly had no idea of who I gave it to, other than it was a young man. I hand delivered as I didn't trust the post (the irony!).

Again, heard nothing until tonight when I receive via email a debt collectors letter! Now tryign to charge me the £50 plus £32 for fees.

Surely I have done enough to show them i cancelled? Is the burden of proof not on them to prove I didn't meet my obligation, rather than me proving I did? I don't know what else I can do -they can check all the CCTV, but they could then deny they saw me! I know I did what I did....sigh....

Any advice?
Thanks

What do they terms and conditions say about how notice should be given? If silent, stick to your guns, stating that you served proper notice on [x] date and they are erroneous in asserting further fees are due.

One months notice, I gave letter dated 6th jan, fees were one month in advance and I paid the 1st jan one.

So I guess arguably I could owe 6 days, but the main issue is I gave notice, by hand, they deny receiving it.

in future you should send by post and get proof of posting. It doesn't matter if they don't actually receive it if you have proof of postage.

I thought as I was hand delivering it would be safe! I handed direct to the person in the desk.

So annoyed.

Have I no leg to stand on here?

Yes, you do have a leg to stand on.

Tell the debt collectors that you dispute the debt. Tell the gym again that you cancelled in accordance with their terms and conditions by giving one month's notice.

Depending on the wording of the agreement you may owe one month's membership rather than 6 days. I would offer to pay them that in full and final settlement. If they refuse they will have to take you to court to enforce the debt. Debt collectors don't have any special powers. All they can do is ask you to pay.

If it goes to court it will be decided on the balance of probabilities. If you have kept all the relevant emails and letters showing that you wrote to cancel on 6th January and have consistently stated that you delivered the letter on around that date I think they would lose.

Their administrative incompetence does not make you liable for anything.

Rather than using signed for post, I think you could just get the contact details of the person receiving the letter. They may have a change of staff, or temporary staff, who were not aware of the proper processes. If you had their name, the case would be stronger for you hope i5 goes well for you,

I just handed it in at the reception desk, although the envelope was clearly marked as membership cancellation.

Thanks, prh- I should check the t&cs about length of notice needed, however in none of the emails in March and then again October did they mention this.

I’m now livid that the letter they emailed me last night has been posted to my old address, and addressed to my exH who has taken great delight in opening it and getting shirty with me over ‘debt’. Actually the letter was not the same as the one emailed, it didn’t refer to what they’re trying to collect, although the amount was correct. Basically what they emailed and sent were different! The one emailed last night was correct in terms of my name and referred to the gym.