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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69265
Experience:  Over 5 years in practice
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Customer Question

i was told-have written notes (but unsigned) by manager -to cancel my gym membership would be 1 months notice, when i joined 21/02/06. on the front of the application form it says 1 months tiny print on the back it also says 1 months notice, then 2 lines lower from 1st of month.I have queried this with the manager who says i have to pay what will be nearly 2 months notice! i feel the policy is misleading and unfair. its only £27-i have paid 1 months notice- but i feel its the principle. any ideas whay i should do if anything? many thanks, XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
What would you like to know about this?
Customer: replied 3 years ago.

i feel i should have to pay 1 months notice which i have done and not the extra £27.( i don,t want to sign up for monthly advice-i though this was a one off payment-confused!)

Expert:  Jo C. replied 3 years ago.

I am sorry but its bad news.

Come what may, the contract requires one months notice to run from the term date. What the manager said is not really a misrepresentation as the contract does allow for one month's notice. I suppose you could try to argue it was misleading but it would be irresponsible of me to tell you that the chances of success are high.

There have been cases that have criticised long rolling periods and some case law which asserts that gym rolling periods in particular are unfair and so void under UCTA.

However, this isn't a rolling period. Its just a period of notice. I'm afraid this isn't going to be considered unfair under UCTA>

If you signed the contract then you are taken in law to be aware of and consent to all of its terms.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Hope this helps. Please rate my answer OK SERVICE or above and I can answer your related questions.

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