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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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. In April 2013 i signed up to a 2 yr contract at a gym that

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. In April 2013 i signed up to a 2 yr contract at a gym that uses ashburn - at no point was it explained that it was a fixed term loan agreement that was being signed. I have challenged them and they have written me a quite aggressive response saying they are within their rights etc to claim all the monies loaned and that i was made aware of this at the start - they state the OFT vs Ashbourne case has no relevance to them and they were actually used in the case to say that fixed loan agreements were ok. It is an ashburn credit agreement.

I signed up in the gym after a consultation. The gym told me I could join for 1 or 2 yrs but 2 yrs being the cheaper option, at no point did they explain that it was a credit agreement they explained it as though it was a membership agreement and there was a monthly direct debit payment. The reason for wanting to cancel is that my job has changed and I really struggle to find the time to attend to get my money worth. They have made it clear on their reply that a credit agreement with no cancellation option has been signed and if I cancel my DD they will enforce recovery

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

What would you like to know about this please?
Customer: replied 4 years ago.
Have I got any right to cancel? They did not make it clear that it was a credit agreement and there are no cancellation options other than full payment . When I signed up I believed it was a gym membership contract
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

I realise that they may not have made this clear but I'm afraid that its for you to read the contract rather than them to bring it to your attention. I do realise that is unrealistic as well but its what the law requires.

If this is a credit agreement effectively where the gym were paid in full by an insurance company and now you are repaying then you are liable. The Ashbourne case does support that I'm afraid.

In any event, the Ashbourne case was not about contractual periods but about renewals for a very long contractual period although the principle behind it could apply.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

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