Problem with gym - possible court case?

Hi all,

I need advice about seemingly trivial matter. Basically story is like this:

- I have joined a gym in January (Total Fitness) - I have explicitly asked can I terminated the membership after a few months as we were expecting a baby in May and I wasnt sure will I have time - I got an explicit answer "Yes" (all of this was verbal ofc) - I have signed up for more expensive monthly option in order to be able to cancel (that was the sales rep explanation of "You can cancel if you pay monthly, that is why it is more expensive")

- Being ignorant, I didn't read the contract, but trusted the gym salesperson

- Baby was born in may, and I didn't have any more time for gym

- I went there to cancel mebership, different sales rep took my cancelation without saying a word (everything seems fine)

- 2 weeks after, I got a letter from UK saying I cannot terminate the contract as it is a year-long contract

- I cancelled the direct debt, and started exchanging letters with them explaining the situation etc - the sales rep who "sold" me the membership wasn't working in the gym any more, and they were just having the "We dont care about your personal issues, you have to pay" attitude

- I didnt go to gym since april

- They are keeping quiet for the past 2-3 months, but I am afraid I will get court summons as I owe them the money

Is there any way for me to get out of this mess and not pay them as I feel I was lied to - I wouldn't mind paying a solicitor for a letter or something...Any advice?

Thanks, kind regards

Don't worry about it. Standard practice for these places.

Thx a mil

Let them sing for it. I hear about this a lot - very much doubt they would take it further. Ignore them.

This is a common tactic of gyms and some may even pass files to a debt collection agency who will write. Bottom line is that even though they may be able to enforce the contract, (although as their agent in Ireland accepted cancellation they may not in this case) usually the amounts involved can be a couple of hundred at most at the legal costs would be too expensive as they cannot recover all their costs in most instances.

FKH said:

This is a common tactic of gyms and some may even pass files to a debt collection agency who will write. Bottom line is that even though they may be able to enforce the contract, (although as their agent in Ireland accepted cancellation they may not in this case) usually the amounts involved can be a couple of hundred at most at the legal costs would be too expensive as they cannot recover all their costs in most instances.

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Agreed, i've done this at least twice in the same total fitness ( blanchardstown ) and i got the letters after cancelling the DD and just ignored them. They welcomed me back with opened arms the following year.

Bottom line is that unless the gyms get a solicitor involved there really is no need to worry about the letters, even debt collection agencies really have no power to do anything and ultimately turn matters over to a solicitor if litigation is necessary.