Gym Problems

Hi - this is for Tony - can't quite remember how to go on public forum so hoping this will do the trick! I got myself into another situation, answered an advert in my local paper and made a phone call to try out a "free" gym session in my local town. Got there on Mon 1 Sep - (the gym called me up Sunday 31 Aug to make sure I intend to keep appt) and was kept waiting for an hour!! The place seemed to be in turmoil, people running around and women waiting. When I was finally called, thinking I would go straight for the session (I had previously had this treatment in other gyms) I was sat at a table in front of the open area where some 12 women were exercising, it was noisy, it was distracting, and the woman doing all the talking frankly got on my nerves!! I know I should have gone up and walked, but I was persuaded to sign, I really had no idea what I was signing - I had no reading glasses with me for a start - and I was desperate by now to have my free go. But - because I was going on holiday 13 Sep (which I lost by the way!!!) XL went bust on the 12th - I told them I would pay the £334 by visa on 1 October when I would start properly. So because of that - I was told OK and that was it, she gave me the contract, and I was told to go - I NEVER GOT MY FREE SESSION which is all I wanted !!! I was so angry, with myself and with them, for having been duped, I determined not to go, contract or no contract, there were 22 long rules, which I'm sure I was never given enough time to read - and I didn't have my glasses - but then when I lost my holiday with XL - and I thought I was going to lose £854 - the last thing I wanted was to pay out another £334 membership fee!!! SO I rang them 1 Oct and said I wanted to cancel, I was not interested, I'd lost my holiday and was trying to book something else so I was not free to do the gym. Well, 3 weeks ago, the manager rang up and asked me why I wasn't attending, you know you signed a contract, you're duty bound, regardless of how many times you attend in a year, and you are not incapacitated. I told him I cancelled - I have lost money in XL and couldn't afford it even if I wanted to. He said he would send me a cancellation form. It never came, so he rang again and said what's happening? I said what? He said have I signed the cancellation form? I said I never recd it!!! So I duly got the letter (not a form) asking me to pay the £334 as per contract, and I went beserk!!! I rang him, and shouted at him, what does he not understand? I never got the free session, I never really ever started, and I had a right to change my mind as I didn't like what I saw, and I also could produce a letter from my doctor to say I am not able to do the exercises as my new knee I had replaced is still not mended (which is why I was going on holiday - to get some hot sun on it!!!) and that I still have a hospital appointment on 13 Jan 2009 before I am dismissed. He kept on about the contract I signed and I said sue me!!! Now every morning I dread the postman coming with my mail, cos I think this is it!!! By the way, he did ring back and said if I wanted to cancel it would cost me £108 - 3 months membership + admin fee - but again, surely I'm entitled to a cooling off period, or suppose they gave me the free half hour, I would certainly have had enough reason to say this is not for me?? I also explained I've just retired, and was not keen to start time clocking again, I only retired 22 Sep - so I wasn't really thinking straight, looking forward to a holiday to celebrate my 60th, and everything after the failure of XL went to pot?? Have I got any chance to fight this? I'm willing to pay £25 for the time the woman took to quickly fill in £334 by visa to be paid 1 October, but no more. What do you think???

re-gym answer

Hi Tony - thanks for that - you're right - it's not what I want to hear!!! I have to pay even though I didn't get a single session and I can produce a letter from doctor to say that is not for me??? Not fit enough etc??? And - if I wait and he does sue me, will it cost more in lapse of time, court costs, etc cos I am waiting for him to contact me - with a summons or otherwise, b4 I will pay - he was very bullish on the phone, and domineering.

Tony said:

Hi Cate,

Probably still worth writing a letter to the Head Office explaining the situation. If they have any integrity, they will waive the fees regardless of any contractual obligation.

Best regards,

Tony

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Thanks Tony for reply -will await the summons first as I keep hoping that they may be waiving the challenge to me (so I keep thinking!!) - but I will probably get the letter soon - they may be getting all the legal jargon ready for me!!!! We shall see!!! Cate

Tony said:

They won't send you a summons, you will get "red letters" first... You need to proceed with caution as costs can escalate very quickly in situations like this.

Kind regards,

Tony

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Hi Tony - thanks for reply - was on another forum last night - Salon Geek - especially for hairdressers and nail specialists, they were talking about Gymophobics - what bad experiences they had, how 3 of them went bust already in 1 week in Nottingham - because they are all set up so quickly - how 1 lady even said she cancelled 1st week in a month (Sep) and was direct debited also for October even though she thought she gave a month's notice (she was paying £28 a month by DD) and the receptionist assured her she will not pay for October!!! She was £5 overdrawn at the bank, so they clearly operate as they like, without any conscience, and most women said as soon as they start, they pressure them to take a franchise - that's why they are opening (and closing!!) at such a quick rate!!I wish I had seen the gym thread before, I would never have signed so quickly!!! But I will write to Head Office in Staffordshire (though a lot of women said they have sent letters there and not received replies - so do I let it lie till I receive the first red letter???? Where I feel I have a case is that I never started at the gym - I never got the goods ie I never even got the free trial, and I did cancel before I started - if the erased the phone call on 1 October, that's their dishonesty on the line. Cate

Hi Tony, I took your advise and rang local Gymophobics yesterday morning and asked for the lady manager who did my interview - she got my file, I explained that I wasn't happy with the way the Area Manager bullied me in the previous phone calls, and that according to my records, I cancelled the whole thing on 1st Oct - when I was supposed to start - and before I had a chance for a free trial, which is all I wanted on 1st Sep!!! She seemed OK with that, she said put it all in a letter, which I have done, explaining how I felt cheated as all I wanted was a free trial on the machines, and that even though I signed the contract without reading it carefully, how can one expect to that in 5 mins when there were 29 clauses????? I also said I can produce a letter from my doctor - I still had a 13 Jan 2009 apptmt for my knee replacement, so still had to be discharged from the surgery, lost my holiday on 13 Sep - so wasn't thinking straight, so all in all my life had changed between 13 Sep - to ongoing, as I am still trying to get my money from Atol - and I was in no way to sink another £334 down the pan. I also stated I would be willing to pay her £40 for her time (20 mins) in writing down my name, date and witness my signature on the contract, but not £108 in cancellation fees. I enclosed some bookmarked pages about the consumer act - and also forum discussions about Gymophobics nationwide - generally bad publicity surrounding them!!! Now I'm waiting with abated breath for the outcome - at least I don't have to fear the postman again!!! Cate

Hi Tony, I haven't heard anything as yet - not even an acknowledgement - for the letter I wrote the local Gymophobics about 2 weeks ago, I sent it recorded delivery, and enclosed printouts from various forums about complaints from similar situations as me, being bullied to sign in a short time, and some even saying they had 3 or more free sessions before deciding to join or not - so I made my point that not only I didn't get my free trial, I hadn't joined properly and worse still, I should never have been made to sign before I started properly and had my free session!!!! I told the manager who runs my local (Hull) gym - that I was prepared to pay her £40 goodwill gesture for the admin - no more and no less - even considering I was kept waiting about 50 minutes before she came to me - and then I felt I was under so much pressure to sign, and I didn't really knew what I was signing, I was 12 days away from my failed holiday, and really on a high, it was a wonder I remembered to cancel my membership after the collapse of XL, so as I stated in the letter, I had done everything by the book, considering the pressure I was under, the money I had lost with XL - and that there was no way I was going to enter another long contract which involved paying more money and getting into debt!!! I'm still waiting for a reply but I have not received anything as yet!!! So fingers crossed - they are either still investigating me or sent the letter to Head Office, or hopefully, they have filed the letter under ??? what to do next???? Here's hoping!!!! Cate

Thanks Tony for the safeguard rules thread to Gym problems too!!! I have read them and there are some interesting facts that could still apply to me!!! Like I should have been given the contract to take with me and read it properly and then I would have had a whole month to really understand what I was signing - then I could have returned it in person on 1st October and said "Not for me" - that's where I feel I have a case - as I wasn't really given enough time!!! Thanks again.