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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice
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I accepted a free months gym membership signing up on 2nd Feb

Resolved Question:

I accepted a free months gym membership signing up on 2nd Feb to start a monthly direct debit I thought I could cancel with one months notice. I sent a letter on 24th Feb to say I was cancelling but have been told I have to pay 11 months. Is this correct?
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Who is the credit agreement with ?
Customer: replied 10 months ago.
Curves gym
Expert:  Jo C. replied 10 months ago.
OK. Does your contract say you can cancel? That wouldn't be common.
Customer: replied 10 months ago.
Therebecca is a paragraph about curves complete membership about 3 or 6 months which she scribbled out. It says member will be drafted monthly at a rate of £34 during the curves complete term selected above ( the bit scribbled through). Then says following the completion of the terms above the monthly draft will continue at the success rate indicated above until the member cancels with a 14 overwritten in pen to 30 days written notice.
Expert:  Jo C. replied 10 months ago.
Does it say anything about minimum terms?
Customer: replied 10 months ago.
It does say you have the right to cancel by notice in writing within 3 days. The terms on the original printed contract of 14 days have all been changed in pen by the girl to 30 days. It says if you chose the 3 months curves complete you may cancel any time after the 3 months and if you chose the 6 month term you can cancel any time after that. As this was the paragraph overleaf she scribbled through I thought it then meant you could cancel with 30 days notice.
Expert:  Jo C. replied 10 months ago.
Which does it say you choose?
Customer: replied 10 months ago.
It really does not define on those pages howe've on another page it does say your membership is for a minimum of 11 direct debit payments during which time you cannot cancel. Unfortunately I only looked at the section headed curves complete membership. Will I have any option to dispute as she changed the terms of the membership by scribbling through making it appear as if it was a month by month membership?
Expert:  Jo C. replied 10 months ago.
You could try to argue that the terms are unclear. In fairness, this doesn't appear to be the best defined contract and if they want to rely on this then they have to show that there was certainty.It is quite unlikely that they would sue anyway. They could. You may be unlucky. However, for the sum of money here they will probably just instruct debt collectors to write and telephone.if they were to sue then I think you could produce both documents to weaken their case though.Can I clarify anything for you?Jo
Customer: replied 10 months ago.
Thanks so much for your help Jo. The sound of debt collectors is a little intimidating but I think I am going to argue the case.
Kind regards,
Christine
Expert:  Jo C. replied 10 months ago.
No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69523
Experience: Over 5 years in practice
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