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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 5434
Experience:  Solicitor
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I would like some help with the following matter. I had a 12

Resolved Question:

Hi I would like some help with the following matter. I had a 12 month contract with a fitness gym which was completed in JULY 2017. I cancelled my direct debit as my 12 month had completed. I had not used the gym for approx 4 months . I have received a letter today for debt reovery.of 83 pounds, I have been told it is a roiling contract and I should have gone in to the gym to cancel even though my 12 month was completed.. I was unaware of this, I was told it was in the contract.I have replied to several emails they have sent me stating i have cancelled the contract approx 1 month ago. I am not sure how I stand. I do not want to pay for something I am not using and i not used for well over r4 month as I thouget my contract had finished. Thank you for your advise in this matter.
Submitted: 1 month ago.
Category: Law
Expert:  Jamie-Law replied 1 month ago.

Hello my name is ***** ***** I will help you with this.

Have you read the contract, what does it say?

Customer: replied 1 month ago.
Hi Jamie I do not have a paper contract. It was all done via a computer that you put in your information. I was told I would be emailed the information but when I think back I do not remember receiving it. I got a welcome email telling me about the facilities and classes available but nothing else.
Expert:  Jamie-Law replied 1 month ago.

Ok. I would check the terms, but in reality nothing will happen.

They wont take it to Court as its too expensive and in any event you could argue that they are in breach of the Consumer Rights Act 2015 by having an auto renew.

62 Requirement for contract terms and notices to be fair

(1)An unfair term of a consumer contract is not binding on the consumer.

(2)An unfair consumer notice is not binding on the consumer.

(3)This does not prevent the consumer from relying on the term or notice if the consumer chooses to do so.

(4)A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.

(5)Whether a term is fair is to be determined—

(a)taking into account the nature of the subject matter of the contract, and

(b)by reference to all the circumstances existing when the term was agreed and to all of the other terms of the contract or of any other contract on which it depends.

(6)A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations to the detriment of the consumer.

So you have an argument saying its unfair.

Can I clarify anything for you about this today please?

If not, I would appreciate a 5 star rating for my answer. Thanks!

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 1 month ago.
Thanks jamie very helpful.
Expert:  Jamie-Law replied 1 month ago.

All the best.