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Vincent2013
Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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I unknowingly signed a personal training contract with a gym

Customer Question

I unknowingly signed a personal training contract with a gym thinking i was setting up a direct debit for sessions i would have .I was then injured and unable to attend the gym or personal training sessions and am still injured .I did not realise that they were continuing to take money out of my direct debit for personal training sessions.Am i entitled to take the money back for these personal training sessions via a direct debit indeminity as they refused to refund me?
Submitted: 3 years ago.
Category: Law
Expert:  Vincent2013 replied 3 years ago.

Vincent2013 :

Hi, thanks very much for your question. My name's XXXXX XXXXX I'm going to assist you with it.

Vincent2013 :

Could you please let me know: (i) when you signed up for the sessions; (ii) on what basis the gym alleges that you were tied in for x sessions a month/week (i.e. how was the term incorporated in your agreement with them); (iii) does the clause permit you to cancel if you, for instance, sustain an injury and cannot use the service; (iv) how many sessions did you actually use; (v) when did you injure yourself; and (vi) when did you inform them of your injury? Thanks in advance.

Vincent2013 :

I should also point out that the direct debit guarantee isn't the predominant factor here. It appears that you have already recovered the debited funds. The real issue is whether or not the gym are contractually entitled to fees.