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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43254
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I would appreciate some advise on an issue I have at the

Customer Question

Hi,
I would appreciate some advise on an issue I have at the moment.
I was a member of a gym and only had a little while to go on my 12 month membership. Due to work my husband and I were in the process of relocating for work purposes. I was in a shopping centre when the owner of the gym had a stall in the centre. She got my attention and I advised I was already a member, she then asked if I was in the draw for an expensive ring. I said No I'm not, she said well sign here and I will make sure you are, good luck! I was in a hurry and proceeded on my errands. I have since found out the piece of paper I signed was a renewal for another 12 months membership. I phoned on many occasion and explained my story, only to be told there was nothing that could be done, I emailed the gym owner pleading my case, explaining I was relocating and would never have signed a contract knowing I was moving and would never be there to use it. My emails were never answered. The account has gone to debt collectors, who I spoke to regarding my issue and they said it was up to their client. I have recently received another letter from the debt collectors wanting payment with a copy of the contract attached. The contract has my signature but the details were filled out by them. I now know I should never have signed something without asking, however I was lead to believe that it was to go into the draw for the ring. Where do I stand with this? Since it is a contract will I have to pay? Your advise is much appreciated as I just want this to be resolved.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

How long ago did this happen?

It is misleading conduct making you think that by signing you were entering a chance to win a ring and nothing more.

You can sue them for the this.

https://www.accc.gov.au/publications/advertising-selling/advertising-and-selling-guide/avoid-misleading-or-deceptive-claims-or-conduct/misleading-or-deceptive-conduct

https://www.accc.gov.au/business/advertising-promoting-your-business/false-or-misleading-statements

You may need to get a solicitor send them a letter and also report this to the Department of Consumer Affairs.

But you have a case.

I hope this makes sense and is of assistance if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon