Fight with LA Fitness over cancellation of contract - can anyone help please?

[IlanaK]

I signed up as a member to LA Fitness about 6 months ago so that I could go swimming with my kids there. I do not use a gym, but they had a fab pool and the kids could swim without being members (just with me as a member) and it was literally one minute walk from my home. At the time of signing up, we were trying to move home. We had been trying for a long time, so we did not know when it would happen, but there was a chance it could happen before the contract was up. I told them this when I did my look around and was told that it was no problem as if we moved to somewhere where there was not an LA Fitness "nearby", we could cancel the contract. In the end, my husband signed me up at a gym near his work (but on a contract that allowed me to use any LA Fitness) as they were offering a better deal. He also spoke to them about our move and was reassured using the same words they said to me. So we signed. Then, our move suddenly happened. I took my proof of move to the LA Fitness who copied it and sent it to head office. Then I emailed head office (getting through on the phone is impossible) to reiterate the situation that there was not an LA Fitness in the area we were moving to, and expected that to be the end of it.

However, they are now refusing to let me out of the contract as apparantly they define "nearby" as within 20 miles!! In central London this is ridiculous as it would mean a long bus or tube journey with three children in tow for me to get to one. This is not the basis on which I signed up. They are saying tough. We have cancelled our direct debit to them, and they are of course now chasing us for the money.

I feel they mis-sold me this contract. I am sure that it says in the fine print somewhere 20 miles, but they reassured me and my husband that we would be able to get out of the contract and never mentioned 20 miles.

I realise they will probably pursue us quite vigorously over this, but I am not willing to pay over £40 a month for the next 12 months for something I cannot use.

So, where do I stand on this? Is there anything I can do?

Thanks.

bump - help please!

That is stupid. Speak to your CAB, and write them a letter firmly outlining your position.

I asked my dh (he is better at this than me) to write to them. There was an exchange (sort of informal) of emails with me and the membership people when I tried to cancel. And then my dh exchanged emails with the manager of the club where he signed me up. But the manager basically said that unless it was written onto our contract, there was nothing he could do.

I was wondering though if there is any legal thing about verbal contracts? I know we signed a written one that must say 20 miles, but does the things we were told verbally legally form part of the contract?

While I sympathise (and agree that here in London 20miles being nearby is nonsense!!) I think you're on pretty dodgy ground I'm afraid.

Is "nearby" defined in the terms and conditions that you signed? If it is and it is defined as within 20miles and there is an la fitness within that distance then I think you would have considerable difficulty claiming that you were "mis-sold" (or "mis-represented" which is the legal basis on which you might be able to get out of the contract). Also I suspect there will be a clause within the Ts&Cs that says that no representations/statements/brochures etc etc can be relied upon.

However as flookcrow says it is worth sending them a strong letter stating that you entered into the contract in reliance upon the statements by the member of staff and that they were a misrepresentation. If they want the money then they would have to take you to court (and there is a cost to them of doing that) so they may be put off if they think you'll really fight it.

hth

Just seen your other post - you can have a part oral/part written contract but oral terms/representations are hard to prove and as I said above there is likely to be a standard clause in the written contract saying that they're not included.

You have mentioned the fine print twice now - have you actually LOOKED at the fine print? If you dont have a copy, they will do so you can request it.

The terms of the contract have to be reasonable though. Doesn't matter whether you are in London or, for example, Sheffield - 20 miles is a ludicrous distance to travel for a gym. I can't believe that's reasonable. Ask Citizens Advice if they will help you with wording for a letter that says their contract terms are unreasonable. IMO.

There was a letter about this in Guardian Money a couple of week ago (see here).

Doesn't look terribly promising unfortunately although clearly they do back down sometimes.