Threatening letter from Gym.

Archeron

Howdy all,
Bit of a situation I'd like to ask about.

Feb 2006, I joined a particular gym. The salesman who was an utter muppet, told me that cross trainers were on order. There were none in the gym at this time, and this is the only equipment I really like for cardio, but he assured me they would be there within weeks.
After 4 months, they hadnt arrived, and I asked a trainer about it. She told me that in her opinion, it was ridiculous that the cross trainers werent available, and that for some inexplicable reason, the gym had no plans to buy any. This annoyed me, so I bought a cross trainer myself and stopped going to the gym, as I now work out at home.
After another few months of paying membership, I thought screw this, and cancelled my direct debit.
I got a call from a very rude accounts person in the gym insisting that I have to pay the remainder of the annual fee, or else there would be trouble. I explained the fact that the sales person lied to me, and she at first replied by saying that that wasnt her problem. On my expression of surpirse at this attitiude, she then said that she would speak with the person in question and come back to me within two days.
Two weeks later, the accounts department in this gym are outright refusing to take my calls or ring me back, and I've got two threatening letters saying my debt was going to go to a collection agency.

Silly me for believing the bull from the salesman, and for signing a yearly contract, but what would you do in this situation?

subway

pay up.
unless it was in your contract youve got nothing to go on.
the salesman could easily have been under the impresion that they were ordering cross trainers and the gym just never did.

basically your contract is with the gym, not the salesman.

apparently these collection agencies can destroy your credit rating.
no mortgatem credit card, overdraft etc for a good few years can ruin a persons life

gerrycollins

subway wrote:

pay up.
apparently these collection agencies can destroy your credit rating.
no mortgatem credit card, overdraft etc for a good few years can ruin a persons life

thats not entirely correct, the collection agency will only take on the debt if it thinks it can get it repaid,

They usually contact you to arrange a meeting to discuss the amount and will offer a installment plan just so they can get their money back,they will however charge you excessive intrest rates

this however will appear on you credit rating as a loan and should you back out on it at any stage they will come down on you heavy

Otherwise ride it out let them bring you to court etc many have done it and got away scot free,the amount is not worth the hassel

Blackjack

Write a letter (register it for delivery) to the Gym stating your case - be very clear, giving details and names if you can of who you spoke to, what you were told would be available and when you were told it would be available.

You are in the wrong as you signed up for a year, however if you state your case clearly enough in writing, you have a much better chance of getting them to cancel your membership. I'd address it to the collections team at the Gym so that they receive it, and send a copy to the Management of the Gym. The collections team are probably more likely to be the ones cancelling your membership and therefore not taking it further therefore achieving what you want (rather than the management, who will probably just bin your letter).

Owen

Pay up dude, you'll never be able to get a loan again if it goes against you. Take your grievance up with the gym manager, and ask if they'll do a concession on next year's membership, but they won't entertain a non paying punter.

wyndham

Take them to the small claims court for the entire amount you have paid. You have an extremely strong case for the recovery of your money. You had an agreement that cross trainers would be provided at the outset of signing with them. You were lied to. You are the wronged party. Produce the receipt for your machine in court and explain the situation. ie, you did not receive the agreed service. If nothing else, it will shake the gym's "accounts department" off your back. Be proactive. Don't threaten them with this on the phone, just go ahead and fill in your form and file suit. Only costs a few beans and will put them through a lot of hassle(deservedly so). Gyms are notorious for this kind of sh1t, it's how they make their money. Continuing to charge accounts despite notice to quit being given in writing, etc

This is not legal advice and must not be construed as such.

faceman

Misleading sale my friend so your contract is technically invalid. Follow Blackjack's advice and do everything in writing by registered post.

However given that you did not inform the gym of you impending cancellation and reasons why prior to cancelling your DD then it weakens your case. Either way make sure you pay your dues up to when you stopped using the gym.

Dont forget to post back letting us know how you get on.

Archeron

Thanks for the advice. I will send a registered letter to the gym manager to express my distaste at this and maek sure to follow it up, but i think from whats said, its easier to just pay it. Not worth the hassle, but still makes my blood boil. Sure at least its a lesson learned if nothing else. (A €252 lesson )

Archeron

Just an update on this one. Kind of amusing really.

I spent over a week calling twice a day to try and give my credit card details to pay off the rest of the membership. What good service. I presume they just heard my name and didnt want to take the call in case I was following up on my previous questions. When I quizzed the girl on reception as to the managers name, she told me she did not actually know.

Eventually, I got through and gave my credit card details to someone I had never spoken to before. I asked to be sent a receipt, and asked whether it was nessecary for me to put in writing that I would NEVER be renewing my membership again. She didnt know and told me the original person would call me back to discuss this.
My receipt arrived in the post, and it was made out with my credit card details, but had the wrong name on it. I called the head office and explained, and the head office told me that they had no record of my name,my payment, my membership number or my having ever been a member. Wow! She told me she would get the original person to ring me to explain what has happened and the procedure for making sure next years membership is fully cancelled as she was unable to help me. Over a week later, and I still wait for a call and try every day with no luck to speak to her. This is really comical at this stage.

TempestSabre

Complain to the credit card company. That will stir things up.

eth0_

NAME AND SHAME!
What kind of sh1tty gym doesn't have cross trainers anyway?

SouperComputer

I like the suggestion of taking them to the small claims court, if they want to play hardball, so be it.

irishproduce

I think he op should name the gym, this is only going to happen to someone else.
What is the point of everyone discussing this debacle if no one will disclose the gym name?? Its gonna happen to someone else.
PM the gym name

SeanW

If that were me, I'd tell the gym in no uncertain terms where to put their demands. The salesman told you something that was totally untrue, sounds like a good claim for false advertising or something.

Slice

I can't believe you paid up

First of all your contract is worthless if you were sold something on a false claim.

Secondly, did you write to the manager outlining your situation and more importantly did you get a written response? Did you explain in your letter what you expected them to do about it, i.e. stop pursuing you for the remainder of the money? You should have also added that if they did not desist with their efforts at getting payment from you that you intend to pursue them for harassment. This last point is usually enough getting them off your case if all else fails.

It's not too late. If you made payment by credit card over the phone you can still contact your credit card company and dispute the transaction. You'll find that they will have no problem in crediting your account because that's the risk every retailer takes with transactions where the credit card and the credit card holder isn't actually present.