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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I used to belong to a gym, over the summer they called me on

Customer Question

Hello - so I used to belong to a gym, over the summer they called me on the phone and said that I'd been considered for a special offer but needed to make the decision there and then otherwise I would loose out - June 24th -- I said I couldn't start straight away and I was told that was fine, however on July 20th I contacted them to say that I was pregnant and could I cancel as its a specific gym and I did not want to be on a ketotic diet whilst pregnant - unfortunately I subsequently miscarried -- however as I'd been unwell, I've persisted with asking for a refund, however having dragged this now out -- they're now saying that when I asked that I exceed the 2/52 cool down period - however I never received any info that there was a 2/52 week cool down period
Who is in the legal right, do I have a case for my refund?
Thank you
Natasha
Submitted: 7 months ago.
Category: Law
Expert:  Ben Jones replied 7 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Customer: replied 7 months ago.
Thank you - do you require any more information
Expert:  Ben Jones replied 7 months ago.

Had you used the gym at all?

Customer: replied 7 months ago.
Previously - but that contact had ended and this was a new one...
Customer: replied 7 months ago.
not since the new contract on 24th June
Expert:  Ben Jones replied 7 months ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 7 months ago.

Many thanks for your patience. A consumer’s rights in this situation are mainly determined by the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. These Regulations apply to contracts for sales conducted on the trader’s business premises, off the trader’s premises (e.g. at the consumer’s home) and at a distance (e.g. online).

All types of transactions are subject to the requirement by the trader to issue the consumer with specific pre-contractual information, as long as it is not a contract entered off the trader’s premises for a value of less than £42. If this information is not provided then the consumer would not be bound by the contract and it can also be a fineable offence for the trader. Details of the required information can be found here:

· Contracts entered off the trader’s premises or at a distance - http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

In terms of cancellation rights, these only apply to off-premises and distance contracts, such as yours. The statutory cancellation periods are as follows:

· Services – 14 days after the day the contract was entered into

However, the above cancellation periods may be extended by up to 12 months if the trader has failed to issue the consumer with notice of their right to cancel. Once that information has been provided within the initial 12 month period, the cancellation rights of 14 days start to run from the date after the consumer receives that information.

So if they have failed to advise you of the right to cancel then you should still have a 14 day cooling off period from the time they officially advise of this right.

This is your basic legal position. I have more detailed advice for you in terms of the options you have for taking this further to get your refund, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46763
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Thank you - looking forward to reading more.
NB I still have the email from 24th June confirming the new contract but there was nothing in there about a 2/52 cooling off period
Expert:  Ben Jones replied 7 months ago.

Thank you. Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:

1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

3. If you wish to go down the legal route instead of a statutory demand, a claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.

Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.

Customer: replied 7 months ago.
does this also apply to the fact that I used to go to the gym, that contract was finished and this was another offer that they contacted me about - but on this contract I'd not been -- does the original contract hold and do they still need to advice me of the 2/52 cooling off period?
Thank you
Expert:  Ben Jones replied 7 months ago.

Sorry I don't quite follow - do you mean if the old contract which you were bound by is still valid?

Customer: replied 7 months ago.
the original contract I signed which was in January 2015
Expert:  Ben Jones replied 7 months ago.

the old contract would have ended - this new offer would be a new contract and subject to its own rules and requirements

Customer: replied 7 months ago.
Thank you
Expert:  Ben Jones replied 7 months ago.

you are welcome

Customer: replied 7 months ago.
UPDATE
- Thank you so much - I've been given a full refund minus the admin fee
Expert:  Ben Jones replied 7 months ago.

Great news, thanks for the update

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