How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71903
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

Jo I have been sent, from a debt collector, an order to pay

Customer Question

Hi Jo
I have been sent, from a debt collector, an order to pay over £3000 for a gym membership. I joined the gym in 2013 but cancelled it in 2014. I will have to see if I can find this cancelation from 2014. However they have not contacted me in all these years and now have arranged for a debt collection company to take 4 years of membership costs - which look like it comes over £3000. I have asked them for evidence that they have contacted me before this date but they are insisting that they will take legal action. what would you suggest I do next as Im a single mum, I haven't used the gym in that time and this will cause financial hardship
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

Hi, welcome to JustAnswer. My name is*****’m a barrister with 12 years of experience and I am happy to help with your question today.

Is there a CCJ or is this just debt collection?

Customer: replied 4 months ago.
Just a debt collection (Redwood Collections)
Expert:  Jo C. replied 4 months ago.

Ok. Do they gym accept that you cancelled?

Customer: replied 4 months ago.
no - they are saying that they have no communications on cancellation. I do remember cancelling and advising that my DD would be cancelled but I will have to see if I have an email from then. But I have not paid them for 4 years !!
Expert:  Jo C. replied 4 months ago.

What did the original contract demand that you did to cancel?

The gym will tell you if you don't know

Customer: replied 4 months ago.
it states that debt finance collections PLC will continue to take monthly direct debts instalments unless written notice is received by the Fitness Space (and it does say by fitness space - no to Fitness space) and debit finance with at least 1 months notice
Expert:  Jo C. replied 4 months ago.

Ok. So are you able to find the written notice?

Customer: replied 4 months ago.
its a long time ago - its not something you keep a record of.. certainly if you have not had anything back.. Ill will take a look but what are my rights - its seems unreasonable for them to not contact me and the gym to see that I am not attending and not paying my DD but then when its a significant amount to chase me for settlement - surely I have some rights otherwise this would be used by lots of organisations? I would like to know what my rights are if they can take legal action to recover monies.. and therefore impact my credit rating ..
Customer: replied 4 months ago.
hi
Customer: replied 4 months ago.
Hi Jo - I was hoping for an expert opinion!!!! I have really had an advice just questions.. can you provide any further advice so I can deal with the issue .. thanks
Expert:  Jo C. replied 4 months ago.

I will really need the information I asked for?

Expert opinion is provided on the basis of facts given. At the moment, I could give you an answer but it will probably be wrong.

Customer: replied 4 months ago.
what are you asking me for? .I will have to see if I can find my written confirmation but this would have been 4 years ago?? my question is around can they legally just keep racking up a bill .. if I cant find my cancellation where does that leave me?
Expert:  Jo C. replied 4 months ago.

Yes.

If you did not give notice then they are entitled to claim as the membership runs on.

If you did give notice then they are not.

The issue here is who is believed. Therefore the issue is evidence.

Therefore the issue is whether you produce cancellation notification.

Maybe they will sue. Maybe not. If they do, this will be pivotal.

Can I clarify anything for you?

Jo