Key Financial Information Errors

[Halifax71]

Hi - first time post.

Can anyone advise if the Key Financial Information on a 12 month Gym contract is enforceable if it contains a mathematical error.

Before anyone asks, no i'm not trying to avoid paying a debt. I have a issue regarding cancelling a Gym membership as my canellation letter was sent to the Gym, as advised verbally by the Gym, but the firm who collect payments (EasyCollect) say i should have written to them.

The contract does say that, albeit in the small print, and i mean small. Para 9b sub sect whatever.

Anyhow the Key Financial Information states.

Amount of Credit / Cash Price - £264
Minimum Term (months) - 11 months
Minimum payable - £264
1st Monthly DD - £29
Normal monthly DD - £29
APR - 0%

It's a fixed sum loan agreement regulated by the CCA 1974

So the error in the above is that £264 / 11 = £24, not £29.

I know this is a minor error but i was hoping it might be a way out of paying this last months payment. It's a matter of principle as i have done what was asked of me, by the Gym. I have paid 12 months, I have given 30 days notice etc

Any thoughts?

Thanks in advance.

[Londoneye]

Re: Key Financial Information Errors

Hi Halifax, sounds like you may have a case, but the time and effort involved may be prohibitive. You won't get a declaration of unenforceability as the agreement (I assume) was signed within the last year or so, the small claims track would probably rule in your favour and adjust the payments accordingly, but by the time you've paid the issue fee (@£30) and taken the day off work etc. etc. it's unlikely to be economically viable. Your maximum claim for costs would be £100, along with an adjustment of £55. I would try and negotiate with the gym/collection agent, point out the error and rely on their sense of fair play!!