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AS
AS, Barrister
Category: UK Law
Satisfied Customers: 479
Experience:  Experience in Family, Employment, Commercial, Immigration & Property Law
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Gym membership - debt collection

Customer Question

I joined Golds Gym on a offer of one months free membership. They did not honour this offer by telling me I needed my copy of the contract. I explained that I was not told of that condition and could I have a copy of the original sent to me as all the copies will have the offer stated on them. They refused to send me a copy and I explained that I joined under that offer and they are not honouring their side of the contract. They fobbed me off for months, never getting back to me and finally I was told I would not be receiving the free month because I did not have my copy. The said they would not send me a copy. I explained that I was mislead and I would leave. I cancelled my direct debit. Nearly 1 year on I receive a debt collection letter from an independent credit collections company demanding £500. Is there anything I can do?
Submitted: 5 years ago.
Category: UK Law
Expert:  AS replied 5 years ago.
Hi

Sorry to hear that.

Why don't you have a copy of your contract with the gym? Can you prove in any other way(emails, letters, witness, etc.) that you were indeed offered the 1 month free membership? What is the £500 for? How long was the contract valid for?

Regards.
Customer: replied 5 years ago.

I handed my copy in to the membership person, who has now left the gym. The debt is £372 from Golds Gym and £130 from the credit company. The contract was for 12 months. They refused to send me a copy.

 

Thanks

Expert:  AS replied 5 years ago.
Hi

Thanks for the clarification.

In the circumstances, I would advise you to get in touch with the debt collection company and let them know that this debt is in dispute with the gym and that they have not given you a copy of the contract that you signed with them and therefore, you would not make any payments until they can prove that you were indeed a party to any contract with them by supplying you a copy of the contract signed by you.

Hope this helps.

Regards.
Customer: replied 5 years ago.

Thanks for your prompt responce. I managed to get in contact with the membership person who offered me the free month and took my copy of the contract from me a week before he left. He has emailed back confirming that he did infact offer me the free month and take the copy from me which he filed away.

 

During the time after he left I made several phone calls to the gym and the head office. They repeatedly failed to get back and would not send a copy of the contract which stated the free month. They concluded (by phone) that if I did not have the copy they would not give me the free month. I did not recieve my free month which was promised by the membership agent. The free month was mean't to be the sixth month, I can confirm this was not given. I wrote a letter and hand delivered it to the membership agent (Kavita) who is no longer present explaining that I joined on the offer of a free month, this was not upheld so the contract (which I was refused a copy) is null and void and I will be terminating my membership. I got no responce from the letter. Kavita has also left the establishment.

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