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    Fitness First threatening me

    I recently cancelled my direct debit to fitness first then recieved a phonecall stating im in a 12 month contract.

    I know i'm not because I made sure one of the conditions when joining is that I wasn't and made sure I didn't tick the box before signing.

    Basically the woman on the phone is saying the box is ticked so it has been ticked after I have signed.

    I've said i'm happy for it to go further and I'll just tell the truth how it is.

    Just wondering what are peoples thoughts

    Cheers

    44 Comments

    What does your contract say?
    You should have been given a copy to keep.

    my friend joined them last year and was tied to a 12 month contract he cancelled after 2 months, they asked him why and he said he didnt have any money so they cancelled but i think he got charged admin fee which was £40, not to sure.

    they cant pursue you unless they can produce a copy of a credit agreement you signed-if you are 100 percent confident you never signed such a document,then tell them to go fly a kite.

    i think you should join a gym, beef up and then go round there and kick some butt

    how did they threaten you?

    Original Poster

    Threaten is probably a harsh word more 'take matters further'

    You will be fine, unless they send big rick round.

    Look, if they're trying to give you the run around...

    ...ask if they can lower the pace to a casual jog.

    Banned

    barky

    they cant pursue you unless they can produce a copy of a credit agreement … they cant pursue you unless they can produce a copy of a credit agreement you signed-if you are 100 percent confident you never signed such a document,then tell them to go fly a kite.



    he did though?
    OP as asked in the first reply - what does your copy of the agreement say? Is the box ticked on there?

    MR1123

    my friend joined them last year and was tied to a 12 month contract he … my friend joined them last year and was tied to a 12 month contract he cancelled after 2 months, they asked him why and he said he didnt have any money so they cancelled but i think he got charged admin fee which was £40, not to sure.


    they really are horrible people.... i lost my job while in a contract.. money was all gone. charged me £150 release fee... not very nice.

    Original Poster

    I don't remember being given a copy of the contract I'm going to have a dig around just incase.

    Supermod

    Satellite360

    I don't remember being given a copy of the contract I'm going to have a … I don't remember being given a copy of the contract I'm going to have a dig around just incase.



    You should have been given a carbon copy.

    Supermod

    jackvdbuk

    they really are horrible people.... i lost my job while in a contract.. … they really are horrible people.... i lost my job while in a contract.. money was all gone. charged me £150 release fee... not very nice.



    I am going to risk the wrath of people but I don't care. If you sign a contract then you should have financial resources in place in case you lose your job. Therefore if you breach the contract by not making payments then they should be able to claim part of their losses from you.

    I took out a gym and pool membership with no contract, it depends where you go.

    Original Poster

    I remember the day crystal clear. I had been there over 12 months already and changed bank account so a payment was missed. They said I would have to rejoin so I said fair enough aslong as i'm not signing up to another 12 month contract, made sure I didn't tick the box and all was well but I fully suspect they ticked the box after I had left and not given me a carbon copy. (My fault for not realising).

    Randa1

    I took out a gym and pool membership with no contract, it depends where … I took out a gym and pool membership with no contract, it depends where you go.



    How does that help?

    Original Poster

    Pmsl

    Banned

    Satellite360

    I remember the day crystal clear. I had been there over 12 months already … I remember the day crystal clear. I had been there over 12 months already and changed bank account so a payment was missed. They said I would have to rejoin so I said fair enough aslong as i'm not signing up to another 12 month contract, made sure I didn't tick the box and all was well but I fully suspect they ticked the box after I had left and not given me a carbon copy. (My fault for not realising).


    best pay up then before they take it further. Its your word against their signed contract.

    magicjay1986

    I am going to risk the wrath of people but I don't care. If you sign a … I am going to risk the wrath of people but I don't care. If you sign a contract then you should have financial resources in place in case you lose your job. Therefore if you breach the contract by not making payments then they should be able to claim part of their losses from you.



    yeah i understand that but instead of helping you get yourself back on your feet and pausing the contract they hound you for the money.. if you want to join a good gym they force 12 month contracts. instead of "we understand your situation, we shall pause or cancel it till you can afford GYM" i think thats awesome customer oriented service not pushing people into more debt.

    You think you've got it bad!! I signed up... They took THREE other members' membership out of my bank account, then asked me if I'd mind "getting the money back from the other people if they gave me their phone numbers"... few months later I cancelled (6 month contract) and cancelled my direct debit... They forged my signature and set up a new one!!!

    magicjay1986

    I am going to risk the wrath of people but I don't care. If you sign a … I am going to risk the wrath of people but I don't care. If you sign a contract then you should have financial resources in place in case you lose your job. Therefore if you breach the contract by not making payments then they should be able to claim part of their losses from you.



    They aren't making any loss, its all about the money, yes you can have back up plans to pay the money but **** happens, one day your rich and the next, nothing a good e.g look at what happened to the Lehman Brothers. If it were me i never would tie my self to a 6/12month contract, i would rather pay leisure centres extra for not permitting myself to a contract, which i currently am doing at mile end leisure centre

    Supermod

    MR1123

    They aren't making any loss, its all about the money, yes you can have … They aren't making any loss, its all about the money, yes you can have back up plans to pay the money but **** happens, one day your rich and the next, nothing a good e.g look at what happened to the Lehman Brothers. If it were me i never would tie my self to a 6/12month contract, i would rather pay leisure centres extra for not permitting myself to a contract, which i currently am doing at mile end leisure centre



    Not loss as in a business sense but loss as in contractual loss. Of course they are making a loss here. £35 a month for gym membership would mean that they get £425 over the course. Their award here would be £150 which is less than they would receive even if the OP made 6 payments.

    You shouldnt enter a contract if you dont have a contingency plan.

    magicjay1986

    Not loss as in a business sense but loss as in contractual loss. Of … Not loss as in a business sense but loss as in contractual loss. Of course they are making a loss here. £35 a month for gym membership would mean that they get £425 over the course. Their award here would be £150 which is less than they would receive even if the OP made 6 payments. You shouldnt enter a contract if you dont have a contingency plan.



    I know what your saying but business do not count this as an actual loss, they base it on actual figures not projected income. And like i said your contingency plan can fail. What to do then?

    OP i found another way you can get out of the contract, get a medical note from your gp, you can get a fake one but you will have to pay about £15 tops
    Edited by: "MR1123" 18th Nov 2010

    Sounds like they didn't give you a carbon copy and ticked it themselves then destroyed the carbon copy.

    Supermod

    MR1123

    I know what your saying but business do not count this as an actual loss, … I know what your saying but business do not count this as an actual loss, they base it on actual figures not projected income. And like i said your contingency plan can fail. What to do then?OP i found another way you can get out of the contract, get a medical note from your gp, you can get a fake one but you will have to pay about £15 tops



    Sorry, you are wrong. This is a loss. It is a loss based on breach of contract. Are you saying that if everyone cancelled their payments the gym would be able to still trade? Therefore it a loss.

    If your contingency plan fails then it wouldnt be a contingency plan.

    magicjay1986

    Sorry, you are wrong. This is a loss. It is a loss based on breach of … Sorry, you are wrong. This is a loss. It is a loss based on breach of contract. Are you saying that if everyone cancelled their payments the gym would be able to still trade? Therefore it a loss. If your contingency plan fails then it wouldnt be a contingency plan.



    you gave me figures so i based my loss/profit on actual figures. Sounds like your telling me that a contract gives them guaranteed income for next month? if thats the case its not true because you dont know what could happen, ive done accounting before and can say we count the income/expenditure in real time i.e at the end of the month not beginning

    contingency plan, you would know if it fails until the time comes

    Supermod

    MR1123

    you gave me figures so i based my loss/profit on actual figures. Sounds … you gave me figures so i based my loss/profit on actual figures. Sounds like your telling me that a contract gives them guaranteed income for next month? if thats the case its not true because you dont know what could happen, ive done accounting before and can say we count the income/expenditure in real time i.e at the end of the month not beginning contingency plan, you would know if it fails until the time comes



    That is the very reason for signing a contract. If one party breaches the contract then the other party will suffer loss. Their loss with be calculated on what they would have received had the contract been fulfilled subject to any clause relating to liquidated damages.

    You are using the word "loss" in the wrong sense. There is clear contractual loss here as the OP has defaulted on their payments.

    Once again, it wouldnt be a contingency plan if it fails.

    ohh god how can you make a loss on something you never had. Loss is calculated on actual money you have. cant put some sense into some people and i give up whatever you say goes cba

    I've found there are nearly *always* get out clauses in gym contracts. You just need to find the parts of the contract that are there to protect them, and turn them to your advantage.

    Turning up drunk and vomiting all over the equipment will do it most of the time

    tinkerbell28

    Mr 1123 it's obvious. If contracts meant nothing and you could cancel at … Mr 1123 it's obvious. If contracts meant nothing and you could cancel at anytime with no loss it would be financial disaster for business and peoples personal affairs.Hence contractial obligations and loss it's basic stuff.



    yes i know that but business do not generate a profit/loss on a how many contracts they have, what you guys are telling me is a contract cannot be cancelled, which in fact it can be there are various reasons, i.e illness, moving away etc hence a customer may not even pay the money

    Supermod

    MR1123

    yes i know that but business do not generate a profit/loss on a how many … yes i know that but business do not generate a profit/loss on a how many contracts they have, what you guys are telling me is a contract cannot be cancelled, which in fact it can be there are various reasons, i.e illness, moving away etc hence a customer may not even pay the money



    ...a contract such as this cannot be cancelled because someone has "moved away". You really ought to have a basic grasp of contract law before you start trying to fight your corner.

    Supermod

    bblgoose

    I've found there are nearly *always* get out clauses in gym contracts. … I've found there are nearly *always* get out clauses in gym contracts. You just need to find the parts of the contract that are there to protect them, and turn them to your advantage. Turning up drunk and vomiting all over the equipment will do it most of the time



    Haha.

    Is that the Download dog!?

    magicjay1986

    ...a contract such as this cannot be cancelled because someone has "moved … ...a contract such as this cannot be cancelled because someone has "moved away". You really ought to have a basic grasp of contract law before you start trying to fight your corner.



    ive studied law and i.t in university and won couple of cases in court thanks
    Edited by: "MR1123" 18th Nov 2010

    Supermod

    MR1123

    ive studied law and i.t in university and won couple of cases in court … ive studied law and i.t in university and won couple of cases in court thanks



    I have a 50m swimming badge and can tie my own shoe laces. It is not a competition.

    magicjay1986

    I have a 50m swimming badge and can tie my own shoe laces. It is not a … I have a 50m swimming badge and can tie my own shoe laces. It is not a competition.



    lol i got that badge when i was in primary school, im not jk lol
    Edited by: "MR1123" 18th Nov 2010

    MR1123

    ive studied law and i.t in university and won couple of cases in court … ive studied law and i.t in university and won couple of cases in court thanks



    you mean they didn't convict you?

    Supermod

    MR1123

    lol i got that badge when i was in primary school, im not jk lol



    Last week?

    nme53

    you mean they didn't convict you?



    ? if they convicted me i would be found to be guilty

    magicjay1986

    Haha. Is that the Download dog!?



    Certainly is lol, I had him done after DL'09 to celebrate my first festival

    Supermod

    bblgoose

    Certainly is lol, I had him done after DL'09 to celebrate my first … Certainly is lol, I had him done after DL'09 to celebrate my first festival



    I love it!
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