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Original poster

Can they FORCE me to pay?

21 replies

Spidermama · 12/02/2007 16:33

I signed a contract with a gym last April. It's a corporate deal which is supposed to tie me in for a year.
Since then I've had bad lung problems which doctors and a lung specialist have failed to diagnose despite lung X-rays. Anyway I find I can't go to the gym as it makes things worse.
I told this five months ago and they put me on a 'freeze' which means I pay £7 per month until such time as I can resume payments of £30 something per month.
Well I don't want to resume payments. I cancelled my direct debit because I'm fed up giving them money for nothing.

Can they FORCE me to pay, even though I'm clearly not going.

OP posts:

piglit · 12/02/2007 16:42

Ugh - this is a bit of a tricky one. Whilst any reasonable company would understand entirely that you ought not to be paying for the gym when it actually makes your medical condition worse, these gyms are not reasonable. I had a nightmare time with my old gym (LA Fitness) when I moved house, gave notice and then cancelled my direct debit. They said that I cancelled the direct debit too early ( I didn't) and they came after me big time. The problem is that they employ debt enforcement firms to come after you and ignore any letters you write to them. They threatened me with court action and all that stuff and also told me that any action they took would destroy my credit rating. IMHO they employ nasty bully boy tactics to threaten people into paying up.

Have you told your gym about your medical condition? Any chance of a letter from your GP? I don't want to make things worse but often the yearly contracts tie you in for 15 months by insisting on a 3 month notice period on top.

Good luck with it.

Carmenere · 12/02/2007 16:46

I cancelled my direct debit to my gym without giving them 1 months notice and they chased me for about a year for the 30 quid. Thing is, is that I moved house and never got the debt collectors letters and afaik they diddn't persue it. At least it doesn't show on my credit history. However I would get a letter from my gp and send it to them, wankers.

Californication · 12/02/2007 16:50

This reply has been deleted

Message withdrawn at poster's request.

Original poster

Spidermama · 12/02/2007 17:09

Yes I got the impression they employ thugs to chase up money. They must get this a lot.
Shit! I'll get a GP letter and see where that gets me.

OP posts:

Original poster

Spidermama · 12/02/2007 17:48

I've found the paragraph in the agreement.
'A member can cancel her membership prior to the expiry of the minimum subscription period due to medical reasons (conclusive medical documentation must be provided by the member).

Who decided what is 'conclusive'?
Is it reasonable to expect my GP to write a letter stating that my asthma has got worse, even though they can only really take my word for it?

OP posts:

piglit · 12/02/2007 18:02

I would say that a letter from a GP was pretty conclusive. However, if they still pursue you then you ought to send a letter accusing them of harrassment, blackmail and threatening behaviour (copied to the MD's home address - easy to find). They really are shits so good luck with it.

Original poster

Spidermama · 12/02/2007 18:24

Thanks piglit.
They are shits aren't they?
They're all smiles and friendliness before you join, then when they have your signature they lose their humanity and employ bad men to deal with you.

OP posts:

SoupDragon · 12/02/2007 18:25

Why are they shits for adhering to the contract you signed?

wotzsaname · 12/02/2007 18:31

12 months is abit long. Mine is 6 months an then you can cancel anytime by giving 30 days notice.
Mimimu of 2 months suspension and no maximum and reduce monthy charge to £5.

Shitty contracts. Hope you are feeling better soon.

Original poster

Spidermama · 12/02/2007 18:33

Because things have changed since I signed the contract soupdragon and they're being intransigent.

Do you work in debt collection by any chance?

OP posts:

SoupDragon · 12/02/2007 18:37

Of course I don't, FFS!

They're not being intrasigent yet though are they? Have you given them a doctors letter yet? ANyone can say they're unable to go just to get out of the contract can't they. They're not being shits at all yet

Original poster

Spidermama · 12/02/2007 18:44

Thanks for the support soupy. I feel so much better now.

OP posts:

SoupDragon · 12/02/2007 20:26

Oh FGS. Sorry for having an opinion. Where have I said anything against you?

SoupDragon · 12/02/2007 20:30

I thought the question you asked was "Can they FORCE me to pay, even though I'm clearly not going." not "pat me on the head, tell me I'm right and agree with me that the gym is a group of shits for making me stick to the terms and conditions I agreed to" My mistake, I'm sorry.

This kind of thing is what pisses me off about mumsnet sometimes. Sigh.

Ladymuck · 12/02/2007 20:32

Personally I'd be more scared that hidden in there is a clause that forces me to GO to the gym.

brandy7 · 12/02/2007 20:33

now now you two,say sorry, kiss and make up

Dior · 12/02/2007 20:35

Message withdrawn

funkimummy · 12/02/2007 20:37

I doubt they'd pursue it. They would have to go through the small claims court. It would cost them about £100 quid to do that. Not worth it!

Stick to your guns. Get your GP's letter and you'll be fine.

DCsnatchsunhill · 12/02/2007 20:39

I used to work for one of the larger gyms as a Sales Manager.
If someone cancelled their direct debit membership then we used to post them a copy of their contract, hi-liting the fact that they'd signed for 12 months. Gyms then have a set number of letters to post out, eg letter one...pay now. Letter two....pay now or else. Letter three was the one that threatened legal action but my company would have never taken anyone to court as they felt that the costs outweighed the debt.
However, if someone came in with a Dr's note, then we would have cancelled their membership without query.
Word of warning though - exercise can really help alleviate asthma, so don'd be surprised if they try a new sales pitch on you!

flutterbee · 12/02/2007 20:41

I have to say without wanting to get involved in any argument that I agree with SoupDragon.

The gym have done nothing wrong at all, in fact they have allowed you to pay at a much much lower rate because they understand your situation. You have also pointed out that you can cancel your contract due to medical reasons but have to provide evidence. I would expect no less or else everyone who made a New Years resolution and then broke it would be claiming to have all sorts of ailments just to get out of paying.

Get the Dr's letter show it to the gym end of problem.

piglit · 13/02/2007 11:27

I have nothing against any company who enforces the terms of any contract. It was me who said that my old gym were "shits" and that was because of the way they pursued me for money I simply didn't owe.

I was warning spidermama that these gyms can be totally intransigent and unreasonable, even when faced with evidence that money is not actually owed (as in my case). Friends of mine have had similar problems. It is only because I have been a hardened litigation lawyer for longer than I care to remember that I was able to fight them off.

Anyway, spidermama, I do hope that it all sorts itself out - let me know how it goes.

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