Gym threatening me with legal action following cancellation of membership

[NoOneToTextWhenThePlaneLands]

I left my old gym on 24th September. I communicated this to them via Facebook messenger (this account is run by the gym owner, it’s a small independent gym and this is their official form of communication). Their terms state that cancellation must be sent in writing.

on the same day, I cancelled my direct debit.

they emailed me two weeks ago and said I was in arrears (this was the first communication I had received from them via email, this email isn’t publicly available) I emailed back and stated I had cancelled my membership, but if I needed to make payment of the arrears I would do so.

they didn’t come back to me until today, with a big “final notice” reminder on the top. They have said if I don’t pay within 7 days they’ll be taking me to court and securing a CCJ (for £28.99!)

I have made the payment this morning but it appears that they’re just not taking notice of the cancellation?

Screenshot your cancellation message and re-send it together with confirmation that you have paid your arrears.

I’ve just messaged them and asked whether that message plus payment of the arrears is enough to amount to cancellation of the membership, they read the original message and never responded so I don’t see how they can claim I’ve not cancelled???

You need to read the t&c of the membership. The last thing you want is them coming after you every month.

What were the cancellation terms other than in writing. Is there a notice period.

What does your contract say about a notice period? My previous gym had a two month notice period for cancellation which caught me out.

It just says that you have to notify them in writing. It was a very basic contract that was obviously written by the owner and without advice

Is 28.99 for one month? If they don't specify a cancellation period (1/2 months) then there's not a lot they can do really

Yeah. I’m happy to pay it if I owe it but if they’re not going to take notice of my cancellation then what can I do? It’s worth noting I’ve had 3 or 4 family members leave this gym and they all just cancelled their direct debit and that was that

if they’re not going to take notice of my cancellation then what can I do

What was the notice period?

As I’ve said, there isn’t one. They just state you have to cancel in writing.

Have they acknowledged the cancellation? Were the payments in advance arrears, or for a calendar month ie is it possible you were due to pay for September when you had attended. Normally thee will be a cancellation notice period too. Ask for a copy if any terms or paperwork which may state this.

They read the message but never responded.

they’ve sent a receipt in response to my cancellation.

I think my next step will have to be going in to ask

If there is no "notice period", block both the emails and the FB account from reaching you again and forget about it. You have already adhered to whatever Mickey Mouse terms they stipulated.

Personally I would write a letter and send it via registered post.

I looked and couldn't see where you had said there was no cancellation notice period. If there was no contractual notice you didn't need to pay them anything.

They’ve now messaged and acknowledged my cancellation from a month ago and said it’s cancelled.

feel like a final chance to get £30 out of me to be honest

If there was no notice period stipulated, and only formality for cancellation was 'notice in writing' and you have submitted it in writing via their usual method of communication then you're fine.

They are cheeky to expect another months' fee tbh as the contract didn't state that.

They won't bother with legal action, as they haven't a leg to stand on by the sounds of it.

Block. Ignore.

I would not say FB message is "in writing" legally - so do a letter, copy of the FB message attached and hand it in and email it so all bases covered.

I’ve paid because to be honest I couldn’t be bothered with the entire process, but looking back it’s quite funny - a CCJ would cost far more than the £28.99 they’re trying to get back. I know I’d eventually end up paying for it but it did make me laugh

This is classic gym bully behaviour. They threaten all sorts but I’ve never heard of any doing anything about it, especially small gyms. They’ll sent all sorts of nasty threatening texts and emails. Email or text, then block and ignore. They’re not going to take you to court for a months membership fees.

I had this earlier in the year from a local gym but I just blocked them. I was going to brilliant classes then overnight they decided to fire all their class instructors and changed to virtual classes with one week notice- so you were standing in front of a massive screen watching a video telling you what to do, literally 1 minute to change your weights on the bar before starting a new exercise you’d never done before and now having no instructor to give advice or check everyone was doing it safely…….

Fitness First gyms aka Finance First- had a lot of bad publicity years ago about their bullying as well which I could tell another long story about but won’t bore you with details.

Ultimately, gyms are great when you’re paying them, then complete cunts when you leave regardless of having a valid reason or not. They’re all talk and no action.