Try cancel Fitness First Membership

[sevsy750]

Summery :

Joined gym, wanted quit, wouldnt let me, say i owe them £30 every month although im not useing it.

Now geting contracted from debt agency.

Need help what to do!

I want cancel because i moved away , to uni in leicester, and fact im in uni and have no time for gym anymore.

 

Ok, im 19, currently a student at uni, living away from home.So i joined fitness first 8 months ago, and although i wasnt made aware, signed a 12 month contract with them , knowing i was going to go to university 5 months after signing the contract ( so if i knew i wouldnt of signed it). So they phone me up after i sent them a letter 2 months ago, saying i couldnt cancel and i had to pay up. I sent them letter back saying i cant afford it, i dont use the gym, i could only afford £5 and i wouldnt use the gym even then. I today got a text telling me to phone 01256306796, after googling i found was a debt agency called CARS. Basically i was woundering were to go from here? Do i let them try and get money off me, obviously cant because money i earn, i need to live off, £80 every 2 weeks.

Can i use they fact their using a debt agency against them? as from what iv read it seems illegal to do so.

Any help?

[flyingdoc]

When you signed up you will have signed for a committment period usually of 12 months.

 

As unfair as this is - it is a screaming argument for reading what you are signing before you sign.

 

without a good reason for leaving (moving to uni wouldnt count as you knew you were going when you signed the agreement) there is no reason for you to default on your contract therefore they are within their rights to pursue you for their losses incurred.

 

There is nothing illegal about selling a debt to a debt collection agency.

 

Unfortunately if they took this to a court - on the information you have given I cannot see them losing this.

[Bookworm]

There is nothing illegal about selling a debt to a debt collection agency.

Indeed. But there is not a lot apart from threats and bullying which will give that DCA the right to pursue the debt lawfully if they have indeed bought the debt, as the monies owed are between OP and the gym, not the DCA.

 

Unfortunately if they took this to a court - on the information you have given I cannot see them losing this.

I can, as the DCA is unlikely to have proof of any contractual arrangement between them and OP. If the gym were to take him to court, then I agree with you, but if they have just offloaded the debt to a DCA, then I'd say OP has every chance of fighting this successfully, should the DCA even try to take it to court.

 

Sevsy, I'd suggest that a) you stop communicating with these people on the phone, if they keep on trying to chase you, tell them anything they have to say, you want in writing and b) send them a CCA 74 request with the £1 statutory fee. Let us know what their reply is.

[sevsy750]

I have to ask what a CCA 74 is? I now its about the act, but what will this do?

As i came home today i found a letter, asking for £160 odd pound, i dont now how i can owe this month! as when they first contacted me they asked for £27 for the one month membership! Also they are asking me to pay them directly, which i do not like the sound off. #

I was woundering what would happen if i didnt pay, and if any chance i could pay in insulments if i have to pay!