CCJ for gym membership

[wood714867]

Hi

Back in 2012 I popped into the local sports center to take my daughter swimming and ended up taking on a gym membership.
At the time I asked the assistant and she told me that as long as i didnt use the facilities that I could cancel the membership the
next day if I changed my mind. I called the following day to cancel and was told by someone else I had to pay 2 months membership
in order to cancel. I declined and argued that I had not used the facilities and had been told otherwise. Fast forward to 2016 and I
checked my credit file and find a CCJ for £99. I had not received this at any stage and never even received a default notice. I spoke
to the leisure center and they are adamant that they have done nothing wrong and that they always insist on two months payment to
cancel. I understand that they are not covered under the CCA but surely there must be a right of appeal with some organization or
other? I would appreciate anyone help please.

[Amethyst]

Re: CCJ for gym membership

Although there are no statutory cancellation rights for consumers when buying on business premises they should provide certain pre-contract information and leave a copy of the agreement with you ?

You do of course have an argument with the mis-representation of the sales person, as well as the complete lack of contact before the court claim and subsequent CCJ. You will need to apply to the court to set aside the judgement to have this removed from the credit file, and it will cost you £155 unless you are exempt from court fees.

when was the CCJ obtained?

Have you moved house etc since signing up with the gym?

any reason you might not have received the court papers?

Information relating to on-premises contracts

The information referred to in regulation 9(1) is—

(a)the main characteristics of the goods or services, to the extent appropriate to the medium of communication and to the goods or services;

(b)the identity of the trader (such as the trader’s trading name), the geographical address at which the trader is established and the trader’s telephone number;

(c)the total price of the goods or services inclusive of taxes, or where the nature of the goods or services is such that the price cannot reasonably be calculated in advance, the manner in which the price is to be calculated;

(d)where applicable, all additional delivery charges or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable;

(e)where applicable, the arrangements for payment, delivery, performance, and the time by which the trader undertakes to deliver the goods or to perform the service;

(f)where applicable, the trader’s complaint handling policy;

(g)in the case of a sales contract, a reminder that the trader is under a legal duty to supply goods that are in conformity with the contract;

(h)where applicable, the existence and the conditions of after-sales services and commercial guarantees;

(i)the duration of the contract, where applicable, or, if the contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the contract;

(j)where applicable, the functionality, including applicable technical protection measures, of digital content;

(k)where applicable, any relevant compatibility of digital content with hardware and software that the trader is aware of or can reasonably be expected to have been aware of.

[nemesis45]

Re: CCJ for gym membership

Hi

Back in 2012 I popped into the local sports center to take my daughter swimming and ended up taking on a gym membership.
At the time I asked the assistant and she told me that as long as i didnt use the facilities that I could cancel the membership the
next day if I changed my mind. I called the following day to cancel and was told by someone else I had to pay 2 months membership
in order to cancel. I declined and argued that I had not used the facilities and had been told otherwise. Fast forward to 2016 and I
checked my credit file and find a CCJ for £99. I had not received this at any stage and never even received a default notice. I spoke
to the leisure center and they are adamant that they have done nothing wrong and that they always insist on two months payment to
cancel. I understand that they are not covered under the CCA but surely there must be a right of appeal with some organization or
other? I would appreciate anyone help please.

Good afternoon, welcome to LB.

This is a familiar and common problem with gym membership agreements.
Do you have your copy of the agreement?

Was this agreement regulated by the Consumer Credit Act 1974 some are some are
not.?

Unregulated agreements ( service contracts etc.) don't have to have default notices in
the same ways credit agreements it's likely that a Final Demand for payment would have
been sent.

There is no " organisation" for you to appeal to, a County Court Judgement would have
to be set aside, which means making an application ( Form N244) to the court (Fee £155)
for the judgement to be set aside.

Grounds have to be shown for the application and you will need to show that you had/have
a defence to the original claim that has a reasonable chance of success.

Not receiving the claim pack is sufficient ground together with not receiving a Formal Final
Demand would be enough.

A defence base on the original verbal assurance the membership could be cancelled the next
day may be a problem much depends on the contract terms and conditions thereof.

nem

[wood714867]

Re: CCJ for gym membership

Thank you Amethyst & Nem