Company is threatening action - advice
10 October 2005, 05:10 PM
#32
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Thanks for all the advice and tips. I'll keep you updated with progress. First off I'm asking in writing for a copy of the contract I 'should' have signed.
10 October 2005, 05:33 PM
#33
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If your membership is still active you could try p!$$ing in the jacuzzi (from standing, in full view), taking a dump in the steam room and walking naked into the female changing area brandishing a video camera. You're sure to be ejected and told never to return 
10 October 2005, 05:51 PM
#34
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saxo boy, it isnt the Gym in Renfrew is it? I had a run in with them a few years back when I wanted to cancel....went to the manager and problem sorted as I made him aware of the other 5 0r 6 memberships that members of my family had with them.
10 October 2005, 06:22 PM
#35
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Originally Posted by Diablo
LOL
Kenny,
Pop in and speak to the manager. Apologise and say you were not aware of the terms and ask if it can be waived on this occasion. Bear in mind there's a very strong chance you will have to give 3 clear calander months notice anyway.
See if you can't settle it without wasting hours of time and effort over something as paltry in the grand scheme of things as £58.
20,000 have just died in Asia, and you are fannying about over £58 when you are, in every possibility, in the wrong anyway
You need to get a grip mate, life is too short. I see people losing a lot more than £58 over points of principle every day.
Kenny,
Pop in and speak to the manager. Apologise and say you were not aware of the terms and ask if it can be waived on this occasion. Bear in mind there's a very strong chance you will have to give 3 clear calander months notice anyway.
See if you can't settle it without wasting hours of time and effort over something as paltry in the grand scheme of things as £58.
20,000 have just died in Asia, and you are fannying about over £58 when you are, in every possibility, in the wrong anyway
You need to get a grip mate, life is too short. I see people losing a lot more than £58 over points of principle every day.
10 October 2005, 07:09 PM
#36
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You need to get a grip mate, life is too short. I see people losing a lot more than £58 over points of principle every day.
There will always be people dying somewhere...
we are born - we die - sometimes it's not planned.
Andy
10 October 2005, 07:47 PM
#37
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Agree there are other more important things in the world but I also agree with Fuzz that we shouldn't bend over and be screwed just because its 'only' £58. I acted in good faith and reasonably at every stage - they did not IMHO and I suspect I didn't even sign a contract! FWIW I agree with Fuzz more 
10 October 2005, 10:06 PM
#38
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The contract is the fundamental document here. Without that and more importantly your agreement to such, they have little recourse.
A lot of these companies outsource their "collection" work to firms who operate a no win no fee policy. In fairness they've probably given your case little thought before passing it over.................
The costs of defending any impending proceeding has to be considered though. Yes the costs (certainly in the courts within England & Wales) in the small claims court are discretionary but in the 10 years I've been attending court on behalf of my company I'm yet to lose any percentage of costs in cases that I've won. On the flip side if you win you'd likely recover travel expenses and any loss of earnings. I've had to pay my fair share..........
The courts prefer for the parties to arbitrate. Wherever possible try and display yourself as the one who has acted with reason. Afterall you have been paying for two years without issue and paid what you thought was the final three payments of £58.00. You received poor advice from a representative and at the end of the day the gym is being slightly over zealous by the fact that you paid your first "termination payment" a couple of days after the 1st of the month when they usually collect their direct debit payments. BIG DEAL.
If you fight it good luck to you mate. From what I can see I'd certainly be inclined to write off any money I thought you owed. Whether a judge agrees remains conjecture but as I said the majority side with reason. If this signed contract does not come to light I really cant see how they will continue.
A lot of these companies outsource their "collection" work to firms who operate a no win no fee policy. In fairness they've probably given your case little thought before passing it over.................
The costs of defending any impending proceeding has to be considered though. Yes the costs (certainly in the courts within England & Wales) in the small claims court are discretionary but in the 10 years I've been attending court on behalf of my company I'm yet to lose any percentage of costs in cases that I've won. On the flip side if you win you'd likely recover travel expenses and any loss of earnings. I've had to pay my fair share..........
The courts prefer for the parties to arbitrate. Wherever possible try and display yourself as the one who has acted with reason. Afterall you have been paying for two years without issue and paid what you thought was the final three payments of £58.00. You received poor advice from a representative and at the end of the day the gym is being slightly over zealous by the fact that you paid your first "termination payment" a couple of days after the 1st of the month when they usually collect their direct debit payments. BIG DEAL.
If you fight it good luck to you mate. From what I can see I'd certainly be inclined to write off any money I thought you owed. Whether a judge agrees remains conjecture but as I said the majority side with reason. If this signed contract does not come to light I really cant see how they will continue.
10 October 2005, 11:39 PM
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Originally Posted by Saxo Boy
There are a lot of revenge comments that whilst funny are no use since I can't access the place.........officially
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