Gym charged me despite staff saying they wouldn't

N

Nic

Guest
Hi, I'm new here, and I'm not sure if I've posted this in the right place, but any help would be appreciated!

I was just wondering if I have any rights here before I phone head office.
I had a gym membership with Total Fitness, and cancelled it last month. I was too late for the 30 days notice thing, but nevertheless, the person behind the desk told me that this month ('this month' being September at the time) would be the last payment. However, today I noticed that October's membership fee has been taken out of my account, leaving me £5 overdrawn.
I called up the gym, and the person on the phone was sympathetic, but couldn't help me and gave me head office's number.
I know this is my fault; I should have cancelled earlier, but the person cancelling my membership said that I would not have any more payments taken out of my account. Does that become legally binding (remembering vague things from A Level Law here!), or does my signed contract overrule anything staff members may say.

And also, if I go into the bank today and pay them the money back straight away, am I likely to get charged?

Thanks,

Nicola
 
K

katealpha

New Member
Sep 1, 2008
142
1
0
Beds
Nicola - it's a difficult one to advise on without seeing your contract. You need to dig out the contract you signed and read the small print, check whether you have signed a credit agreement, and also what notice period you have to give for cancelling. I have found some useful advice here about gym memberships.

I would call head office without delay as people can override contracts and hopefully you will get a good result. Also write to them immediately about your wish to terminate the agreement, and send this registered post. Good luck!
 
TVDinner

TVDinner

New Member
Sep 28, 2008
20
0
0
ALMOST ALWAYS gyms have a 30 day notice when you cancel. What this does is allow them to bill you one more time. it is almost standard and i am willing to bet it is in your contract. Next - it does not matter what anyone tells you at the gym. ultimately it will come down to the contract.
 
B

barbarp

Facilitator
Aug 20, 2008
55
4
0
Dorset
yes, never trust what someone says to you because ultimatly in terms of law it carries very little wieght especially if there is a ontract to over ride it!
However I would phone head office and try to get the money back, after all if you don't ask you don't get.
Your bank may charge you depending on what form you pay the money in {I'd say better with cash} I'd advise going to the customer service desk, explaining the situation and asking them very nicely not to, or to reverse the charge if they have put it on.
Good luck..
 
G

GlasgowGirl

Facilitator
Jul 22, 2008
287
0
0
On the point about bank charges, I've found that the bank will almost always refund charges, especially if you're only £5 overdrawn, if you ask them nicely but persistently. Of course this may not apply in the post-credit crunch world, but it's still worth asking!
 
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