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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71267
Experience:  Over 5 years in practice
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I run a gym and my client cancelled her gym membership 2

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Hi I run a gym and my client cancelled her gym membership 2 years a go but didnt cancel with her bank she is now demanding the money back 2 years later. Can she do this?
Thank you for your question. My name is ***** ***** I will try to help with this.
Did she cancel lawfully?
Was she allowed to cancel under the contract?
Customer: replied 3 years ago.

She cancelled by telephone and no she wasnt under contract.

Was a telephone cancellation sufficient under her old contract?
Customer: replied 3 years ago.

We dont have a contract for our Gym memberships so if someone wishes to cancel they just need to let us know and we then advice that they need to cancel with there bank. We then carried on taking her payments as she said she had forgotten to cancel her standing order.

That is not good news I'm afraid.
If she was entitled to cancel and did so lawfully then she is entitled to a repayment.
It isn't your fault that she forgot of course. It is for her to cancel her debits not you to remind her to do so.
Nevertheless though, she was entitled to cancel and has done so. This is an overpayment and she is entitled to reclaim I'm afraid.
Sorry if that is bad news but that is your position and I have to give you truthful information.
Can I clarify anything for you?
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