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Fitness first contract problem (sending me warnings and threats)

jackvdbuk Avatar
6y, 8m agoPosted 6 years, 8 months ago
hi, i signed up for fitness first in January of this year and paid £60 for the month including some junk like a PT that was never available to tie in with my job times.

i lost my job near the end of January and so needed to make my outgoings much lower so needed to cancel my membership (plus i couldnt go into that area anymore really.)

i canceled the DD and somehow they bloody charged me for February and i checked the website to see how to cancel it which told me to go into the gym and do it from there..

so i paid the travel to go back and after the hour long journey was told to call a number! absolute JOKE so went back called the number and told them my situation (no job, no money e.t.c) and they said they'll cancel it and wont be charged for next month though they don't usually do that as its a 12 month contract but due to my circumstances they agreed.

i thought that would be the end of it but now near the end of march they have sent me a threating letter saying that i have unpaid fees and if i dont pay they will get a credit collection agency on me (WTF). i have no idea what there talking about fees or anything and so rang the number on the form (0844 number...)

i was fuming obviously, speaking to the lady said that "you cant just close your account, its a 12 month contract e.t.c" to close it you need to pay £150 early membership closing fee..

i told her i have NO MONEY, no JOB e.t.c and instead of fixing the problem she was asking about my employment e.t.c what business is it of hers what happened

"but if we just closed memberships with no proof of loss of job anyone could do that.." now this is 2 months since i was told over the phone its done, you wont be charged again!!!

so now they want proof of no job or proof of JSA... more hassle that i really do not need right now..

what can i do? id have to sort of getting a letter from the job center to send them?

if i just leave it would they actually do anything?
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jackvdbuk Avatar
6y, 8m agoPosted 6 years, 8 months ago
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banned#1
if you leave it they get debt collectors and bailiffs, and the amount will go up and up

I'm afraid that's the problem with a 12 month contract, you have to go with the proof of JSA, its your only option, at least you have that rather that keep paying

many years ago when I had a similar issue, due to my stupid pride, i didnt even ask the company to help with the contract I was under, and just kept paying till the end, could have done with the money!
#2
be careful. My friend had this with her gym when she lost her job. Out of all the people she owed money to, credit cards, bank overdrafts, catalogues, mobile phones etc it was the gym that put a ccj against her! The only one that she hadn't physically used the services!
#3
googling the canceling of membership problems with this scumbag company , it seems as though i should just send em a letter recorded and leave it at that.

cant believe a gym of all things go this far... unbelievable
[mod]#4
Hang on, you signed the contract so why do you expect them to just waive their rights under it?
banned#5
even you should know what Force majeure means magicjay
would soon be applied if they owed him money and could no longer afford to

jack, go with the option they have given you of proving your on JSA , any other way will cost you money and more hassle, get it over and done with
[mod]#6
jubbyme
even you should know what Force majeure means magicjay
would soon be applied if they owed him money and could no longer afford to

jack, go with the option they have given you of proving your on JSA , any other way will cost you money and more hassle, get it over and done with


It is more the OPs attitude of:

"What business is it of hers anyway".

If the OP cannot afford gym membership and circumstances are out of his/her control, why not just provide Fitness First with this information so that they can take a view on this. Unless they have proof that the OP is not worth pursuing they will probably carry on with their proposed actions.
banned#7
^^ I know, OP is having a bit of a rant, but they have been given a way out of a contract, and they have to follow through, swallow a bit of pride for the sake of it
#8
The fact is if you just cancelled the dd on your loan/mortgage/debts/mobile whatever without telling them when you are under a committed contract, they would do the same.

You were wrong in the first place not reading the contract, cancelling the DD and hoping it would all go away it wont. Give them the proof that they need or expect them to take you to court, gyms can be quite heavy handed, give them the info they have asked for, it will be easier.
[mod]#9
jubbyme
^^ I know, OP is having a bit of a rant, but they have been given a way out of a contract, and they have to follow through, swallow a bit of pride for the sake of it


I see this scenario all the time. All it takes is for a debtor to pick up the phone or send a letter which will take less time that ranting on an internet forum.
#10
magicjay1986
Hang on, you signed the contract so why do you expect them to just waive their rights under it?


^^ this

most of them have clauses which stipulate that you need to stay at least 6 months...leave a few months into it and then u will get charged

sorry to hear about your situation but you have to go through these things properly as with any contract you sign for hidden fees etc
#11
magicjay1986
Hang on, you signed the contract so why do you expect them to just waive their rights under it?


because i assumed most companies would understand my god awful situation and waive the contract which they TOLD me they had.


the gym was my near work place so went there before work..
[mod]#12
jackvdbuk
because i assumed most companies would understand my god awful situation and waive the contract which they TOLD me they had.


the gym was my near work place so went there before work..


You should never assume. That is your problem here. Always (as you now learn) get their confirmation in writing and make sure it is unequivocal.

Provide them with evidence as they have said. Until you do so there is no reason why they should waive what is entitled to them under the contract that you have signed.
#13
best option is to let them send it to agency and agree payment plan of some kind rather than cough up £150 in one go
#14
jackvdbuk
googling the canceling of membership problems with this scumbag company ,


I've had issues with FF too - never try anything as complicated as changing Direct Debit details. Months of pain, in the end switched to quarterly credit card payments. At least I have control over that. Although they still claim my details aren't in the system from time to time.
#15
billabong007
best option is to let them send it to agency and agree payment plan of some kind rather than cough up £150 in one go


Or swallow his pride and show his JSA from and have the whole contract ended, which they don't have to do but seem to be offering:thumbsup:
#16
jubbyme
even you should know what Force majeure means magicjay
would soon be applied if they owed him money and could no longer afford to

jack, go with the option they have given you of proving your on JSA , any other way will cost you money and more hassle, get it over and done with


What are you talking about, it's not force majeure.
banned#17
magicjay1986
Hang on, you signed the contract so why do you expect them to just waive their rights under it?


+1

Job or no job, you signed for it

google minimum term contract
banned#18
pghstochaj
What are you talking about, it's not force majeure.


it is, circumstances beyond his control means he cannot pay (since signing he has lost his job)

they are giving him a chance to get out of the contract before debt collectors add to his woes, with a bit of luck, he will hurry up and deal with it
[mod]#19
jubbyme
it is, circumstances beyond his control means he cannot pay (since signing he has lost his job)

they are giving him a chance to get out of the contract before debt collectors add to his woes, with a bit of luck, he will hurry up and deal with it


...that would not always render the contract unenforceable so I doubt force majeure could be used.
#20
jubbyme
it is, circumstances beyond his control means he cannot pay (since signing he has lost his job)

they are giving him a chance to get out of the contract before debt collectors add to his woes, with a bit of luck, he will hurry up and deal with it


Doesn't make it force majeure, I think you need to review what the term means in law.
banned#21
pghstochaj
Doesn't make it force majeure, I think you need to review what the term means in law.


perhaps he can start an earthquake and then a riot!

blimey mate, dont pick on me, why not help the fella with some decent advice on HIS law problem rather than mine?
[mod]#22
jubbyme
perhaps he can start an earthquake and then a riot!

blimey mate, dont pick on me, why not help the fella with some decent advice on HIS law problem rather than mine?


We have given advice. OP has just chosen to ignore it.
#23
jubbyme
perhaps he can start an earthquake and then a riot!

blimey mate, dont pick on me, why not help the fella with some decent advice on HIS law problem rather than mine?


Criticising incorrect advice is important - otherwise this person might have gone off talking about force majeure and been...wrong.

He/She has no get out of the contract unless FF offer him a helping hand, he/she is refusing their generous offer (without any reason provided here). It might be an argument if it went to court, but not at this stage.
banned#24
pghstochaj
Criticising incorrect advice is important - otherwise this person might have gone off talking about force majeure and been...wrong.

He/She has no get out of the contract unless FF offer him a helping hand, he/she is refusing their generous offer (without any reason provided here). It might be an argument if it went to court, but not at this stage.


if you read from the first post, I did offer correct advice, i mentioned force majeure in jest to a poster who has some law experience, please re-read the threads, please also help the poster rather than correct useless information
#25
whatsThePoint
It would be easier to just get a new job :roll:


then merely supplying them a copy of JSA or letter of termination? Might take all of 1hr and that is to write it, pack it and walk to a post box and back.
#26
jubbyme
if you read from the first post, I did offer correct advice, i mentioned force majeure in jest to a poster who has some law experience, please re-read the threads, please also help the poster rather than correct useless information


Have you read your posts, or forgotten about them?

even you should know what Force majeure means magicjay
would soon be applied if they owed him money and could no longer afford to


it is, circumstances beyond his control means he cannot pay (since signing he has lost his job)


How is either of those anything to do with jest? The second one is you defending your use of the term, not saying "I know it's not".

Perhaps if you are not aware of contract law sufficiently enough to answer the question, you shouldn't bother posting. It is not useless to warn a poster that somebody else is wrong, as I said previously, if it became the OP's defence, it would just weaken their position.
#27
I haven't read the rest of the thread, but at the end of the day you signed a contract for 12 months and it's not actually their fault that you lost your job. Thousands upon thousands of people have lost jobs over the last couple of years, and the business that you entered into a 12 month agreement with aren't just going to let you out of it, otherwise people would cancel early all the time. I believe there was some kind of provision for such a situation that they mentioned to me when I joined, but that was last May and I can't remember specifics. If I can find the paperwork, I'll let you know what it says.
banned#28
pghstochaj
Have you read your posts, or forgotten about them?





How is either of those anything to do with jest? The second one is you defending your use of the term, not saying "I know it's not".

Perhaps if you are not aware of contract law sufficiently enough to answer the question, you shouldn't bother posting. It is not useless to warn a poster that somebody else is wrong, as I said previously, if it became the OP's defence, it would just weaken their position.



thank you for your advice, read my first post, as was my advice to him
you sound like some jobsworth who does nothing for anyone, I fail to see where your 'advice' is

goodbye, hope you find something useful to do today
#29
jubbyme
thank you for your advice, read my first post, as was my advice to him
you sound like some jobsworth who does nothing for anyone, I fail to see where your 'advice' is

goodbye, hope you find something useful to do today


What do I respond to that with, you are just wrong and don't understand contract law yet commented on a contract law issue? :roll:

When I do things, I try to do them right :)
#30
big rant over , im going to send them a jsa letter obviously.

i just cant believe the company though especially after 2 months of nothing since they said over the phone my membership was over then threatening someone with agencies.

thank you all for the posts, i would add rep but opera is not letting me!
#31
Well you can freeze your membership it costs £7.95 a month.

Alternatively you can just annoy them like a guy did last year when he couldn't get his gym to cancel his membership when he lost his job. He essentially moved in. Just went there in a morning had a shower, read the free papers, watched the TV etc. He said he probably saved his membership fees on gas and electric. He even ordered takeaway food to be delivered there! After 2 weeks they agreed to cancel his membership.
banned#32
pghstochaj
What do I respond to that with, you are just wrong and don't understand contract law yet commented on a contract law issue? :roll:

When I do things, I try to do them right :)


pick apart my first post, right at the top, you know the bit you missed;
understand where it doesnt say to use force maejeure, and that I said it to another poster, not the op
see where you turned this into a discussion about it
see where that is wrong, then tell me where you helped the op and then I'll discuss it futher

thers a nice post just gone up, family law solicitor. see if you can do that all by yourself
#33
jubbyme
pick apart my first post, right at the top, you know the bit you missed;
understand where it doesnt say to use force maejeure, and that I said it to another poster, not the op
see where you turned this into a discussion about it
see where that is wrong, then tell me where you helped the op and then I'll discuss it futher


If you only want people to read half your post, only post that half. Don't post a right and wrong part and expect the OP to guess which is right, don't then defend the wrong bit.

My advice has been posted before:

He/She has no get out of the contract unless FF offer him a helping hand, he/she is refusing their generous offer (without any reason provided here). It might be an argument if it went to court, but not at this stage.
#34
I know the OP signed a contract, however, I hate these globo gyms that purposely sign people up with long term contracts knowing full well that the majority of people will leave and continue paying without even using the facilities. Gyms actually rely on the fact you pay your money and never come, as if all the members decided to use the facilities it simply would not be able to accommodate everyone, even if you only used the gym 1/2 times a week. Anyone looking to join a gym I suggest finding a local, borough or independent run gym who don't mind monthly rolling contracts.

whatsThePoint
Get kicked out of the gym..go a week without washing then spend all day there :whistling:


Heres a way to get kicked out of your gym in 10 days or less..........

Day 1
Bring your own music – use a boom box – and turn it up to inspiration levels and start working out. ACDC’s “Thunderstruck” should do the trick.
Day 2
Set up a circuit like one of the typical CrossFit “Workouts of the Day” and put a sign up at each station advising others that this equipment is reserved for accurate timing of your effort.
Day 3
While practicing the Olympic lifts drop a max load from overhead. This may do it right here.
Day 4
Find a twenty-inch platform and perform box jumps. Try three sets of two minutes of max jumps.
Bizarrely, this one scares the pants off of most gym management.
Day 5
Take a pair of dumbbells out into the parking lot to do walking lunges. You may be accused of theft.
Day 6
Bring several powerlifting buddies to do some super heavy deadlifts. Don’t forget to grunt, scream, and use chalk!
Day 7
If the gym has support poles climb them. If not find something to climb; sling a rope over a beam or rafters, attach some climbing holds to the wall and use them. You won’t get to the climbing part if you need to attach anything. You may get stopped at the door coming in with a twenty-five foot coil of two-inch rope.
Day 8
Workout with your shirt off. If you don’t get a reaction have your girlfriend or wife take hers off.
Day 9
Walk on your hands, or do handstand push-ups or some other basic gymnastics stuff.
Day 10
If you’ve gotten this far, this one is the clincher.

Record your efforts by writing them on the wall in permanent marker.
banned#35
pghstochaj
If you only want people to read half your post, only post that half. Don't post a right and wrong part and expect the OP to guess which is right, don't then defend the wrong bit.

My advice has been posted before:


then its you didnt read the OP, they did offer him a way out
the op understands fine, they probably read my first post, i dont see them badgering me about it
again, where is your perfect advice? there is none.
#36
jubbyme
then its you didnt read the OP, they did offer him a way out
the op understands fine, they probably read my first post, i dont see them badgering me about it
again, where is your perfect advice? there is none.


I am not sure if you do not bother reading on purpose or just can't? Read it once again. You will see I make a statement regarding the contractural law (i.e. they have no get out contractually, certainly not with fm!), but I used the word unless....the only get out would be as with the generous offer they are making (which they had to that point refused to take up). I then went on to say that if FF decided to take it forward to court, it might be something that would be taken into consideration.

The post is right there infront of you.

I think you are confusing correct advice with what the OP wants to hear.

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