Gym issue

[Kevan lemay]

i took a job last year and joined the gym across the road no mention of contract ect I soon realised the job was not right for me I then contacted the gym company Q hotels and sent both contracts for employers past and new I was told all ok I then got a call from Q hotels to say because I have a hotel near my home they want 500 I explained that I leave at six in the morning and get home late at night they have now passed this to an aggressive collection agent

[Amethyst]

How did you join the gym ?
You didn't sign any contract/agreement with them at all ? Any terms agreed online that they emailed to you etc ?
Why did you send the gym copies of your employment contracts? ( that's none of their business)


Found some terms on their website https://www.qhotels.co.uk/media/14962/Terms_poster.pdf

10. Cancellation

10.1 During the initial contract term of Membership, You are unable to cancel Your Membership, other than:

10.1.1 Where we are in material and continued breach of the Contract; or

10.1.2 Due to genuine and relevant medical reasons (supporting professional documentation must be supplied).

10.1.3 In both cases, all Members without exception must give 30 days written notice of cancellation; such notice to begin from the first of the month after written cancellation is received.

10.1.4 If you relocate within a 10 mile radius of a QHotel Leisure club we will automatically transfer your membership to this club advising of any changes of membership rates.

10.2 If you wish to cancel your membership within the initial contract term of membership (see Clauses 3.1, 3.2, 3.3) we will levy a penalty charge by way of compensation. Such penalty charge shall be equal to the total of any outstanding balance on the remainder of the membership contract plus any other costs incurred in pursuing the penalty. In addition any other outstanding balances become immediately payable. We reserve the right without prejudice to take legal action to recover any outstanding balances.

10.3 We are not obliged to refund any Membership Fees where You have not cancelled Your direct debit instruction with your bank and You have not given valid notice in accordance with Clause 3.

they seem have to different terms of contract - so depends what yours is -

3.1 For Annual Payment Memberships the contract term will be 12 months. To renew Your Annual Payment Membership you must do so no later than 14 days prior to the expiry of Your current membership term in accordance with the terms and conditions of this Contract.

3.2 For Annual Direct Debit Memberships the initial contract term will be 12 months. Thereafter Membership will continue indefinitely on a monthly basis at the prevailing rate in accordance with the terms and conditions of this Contract. After completion of the initial contract term, Membership may be terminated by You giving a minimum of 30 days notice in writing or emailed to Us at leisureadmin@QHotels.co.uk. Your notice period will begin from the first of the month after We have received Your written cancellation notice.


3.3 For the Flexi Direct Debit Membership the contract term will be one month. Thereafter Membership will continue indefinitely on a monthly basis at the prevailing rate in accordance with the terms and conditions of this Contract. After completion of the initial contract term, Flexi Membership may be terminated by You giving a minimum of one calendar months notice in writing. Your notice period will begin from the first of the month after We have received your written cancellation notice.

2.1 There are different Membership Payment Plans available as set out below:

2.1.1 “Annual Payment” this is an annual Membership where Membership fees are paid in full at the beginning of the contract term. A joining fee and an administration fee may be payable.

2.1.2 “Annual Direct Debit” this is an annual Membership where Membership fees are paid monthly by Direct Debit. A joining fee and an administration fee may be payable.

2.1.3 A “Flexi Direct Debit” this is a flexible Membership, whereby Membership is fixed for one month only. Membership fees are paid monthly by Direct Debit. A joining fee and an administration fee will be payable and are non-negotiable.

[Kevan lemay]

I joined in the hotel I was only asked to fill out the direct debit and my details I wasn’t told that there was a contract the reason I sent my BMW and Mercedes contract to Q hotel is because they told me that I had a 12 month contract so they asked for my Contract to prove they didn’t have a club near and that they would cancel my contract that I was unaware that I had signed they told me that it would be sorted

[Amethyst]

Ask them for a copy of the contract firstly. You should have been given a copy in any case.

I'd send them a Subject Access Request as well to obtain information but if you weren't given details of the contract and didn't even know you had signed a contract and believed you were just paying monthly without a minimum/fixed period you should be able to argue under Consumer contracts regulations.

Information to be provided before making an on-premises contract


9.—(1) Before the consumer is bound by an on-premises contract, the trader must give or make available to the consumer the information described in Schedule 1 in a clear and comprehensible manner, if that information is not already apparent from the context.

Schedule 1 - http://www.legislation.gov.uk/uksi/2...chedule/1/made

(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;

[Kevan lemay]

I wasn’t told that I had a contract but on the one they sent through after I made a complaint it showed the 10 miles radius term I explained that I joined the Cambridge club and my new employer was over ten miles from any club but because my home address is with ten miles from a Q hotel I would have to pay them even though I leave at 6am and get home at 9 pm I feel trapped in something I didn’t agree to

[Amethyst]

Is the one they have sent you the same as the one I've linked to above?

Have you signed it or have they just sent you general terms? Did you complete any form other than your DD form - you must have given them your name/date of birth and whatnot in a form ? and 'chosen' which kind of membership you wanted at the time of signing up ? No discussion over whether you wanted an annual contract or 'flexi' contract etc ?

[Kevan lemay]

I gave all my home details and dob I wasn’t told the signature was to bind me to a contract they have since sent this through and the collection agent has stated at least 5 times today on the phone on the form they sent it had 12 month and flexible options but because of the relaxed nature when I applied none of this was mentioned I have since gone back to the club as a prospective new customer as they didn’t recognize me I went to the point of sign up again just asked to sign direct debit form which was identical to the one I signed I asked Q hotels to give me a flexible deal when I complained so I could use more than one gym as there is one about 15 miles from Mercedes they said no I asked for it to go to court to explain my side of things now I have been contacted by a collection agency threatening me with a ccj

[Amethyst]

So there was nothing you signed which states what type of contract you had signed up to. Did you get a copy of the form they asked you to complete the second time you went ?

I'd send the SAR and see what they come back with on that.

Have this DCA sent a letter before claim or are they just sending chasing letters? Is it a DCA or a solicitors firm ?

[Kevan lemay]

They are sending letters and I called them they are very aggressive the details of membership were obviously ticked after I’m not to legal savvy what is an S A V and what do I ha e to do could I just say thank you for this advice

[Amethyst]

SAR is this letter - Subject Access Request Letter
send to Q Hotels head office.

If you can do a pic of the letters you've received ( remove personal data ) that would be useful to help respond to their latest missive.

[davenewbergr]

I wasn’t told the signature was to bind me to a contract

That's not going to fly, I'm afraid. Everyone knows that signatures have meaning, and if you sign documents without reading them no judge is going to rescue you.

Your only possible escape route is if there has been a breach of the Consumer Protection Act.

[Kevan lemay]

Hi Amethyst I really appreciate your help with reference to a photo do you mean send it to you

[Amethyst]

You can ( admin@legalbeagles.info ) or post on here ( make sure you redact your personal info )

When you went back again to sign up did you notice what else was on the Direct debit mandate form they asked you to sign ?

[Kevan lemay]

Thank you I will sort tonight when in and thanks so much

[KZC23]

Whilst it is quite difficult to ascertain the precise facts of your situation from the posts above, I believe the important points are:

1. You signed up to the gym by completing & signing a Direct Debit form only

2. You were not shown any Terms & Conditions / Contract to sign confirming the terms of your membership nor given a copy to take away with you and read - therefore there is no signed membership contract

3 You were not verbally informed that you would be tied into the membership contract for a specific period of time, nor were you informed of your cancellation rights/requirements.

If so, my understanding is that in order for a term (i.e. the cancellation term or clause) to be binding it must clearly be part of the contract. Terms given to you after the contract is made (or not at all) should not be considered part of the contract and should have no effect. Whilst generally a contract does not have to be written down, it can be verbal, with regards to gym memberships it is generally the case that they would be written.

If you have, however, signed a membership contract, there is normally no automatic right to change your mind and cancel the contract except where it specifically provides for that within the contract. If you then cancel the contract wrongfully, the company is entitled to claim any reasonable costs incurred.

The Consumer Rights Act 2015 provides certain standards that apply to contracts and the Competition and Markets Authority (CMA) Unfair Contract Terms Guidance from 2015 gives useful guidance as to what makes a contract 'unfair'. It particularly refers to fairness and transparency in consumer contracts and a Section 62 'Fairness Test'

You may want to formally write to the gym, explain why you consider their actions to be unfair (i.e. not giving you a contract for signature, not giving you a contract to take home with you to read thoroughly, not drawing your attention to the important terms such as cancellation rights and term of the contract etc.) and therefore inducing you to enter into a contract without having knowledge of the complete terms and conditions. You could advise them that if they are unwilling to cancel the contract, you will refer the matter to CMA (used to be the Office of Fair Trading) and to your local trading standards department for investigation.

However, as mentioned above, if you were given a copy of the contract and simply didn't read the T&Cs properly, then I'm afraid the contract will probably be enforceable.