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Gym membership

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elderado | 19:34 Sun 29th Nov 2009 | Law
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I have a gym membership from david llyod gyms, which i have never used. I have paid it for 5 months but really can no longer pay, I am being told by them that they will take me to court if i do not pay, i like many others have bad money problems and simply have no money to pay them. What is the likelyhood of them taking me to court, and what would the outcome be????It was a year contract but i am thinking as i have never used the gym offically i have not stated the contract.
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You signed the contract agreeing their terms, you have paid for five months.
It is your choice not to use the gym, they are not stopping you.

From experience, 100% chance of them taking you to court and 100% chance of them winning.

It would have been 1 year from the date of signing, or the agreed date on the contract.
why do so many people pay for gym membership and then never go? I would write a begging letter to the manager and the company MD explaining your situation and see if there is any way they will let you off. Not much else you can do if you signed a contract.
Gyms are extremely efficient at taking people to court who are in breach of contract. They have to do it all the time. Unfortunately you started the contract when you signed the document - not the first time that you went (or, in your case, didn't go).
As other have indicated, the gym has a cast iron case for getting their money through court action.

The court will issue a County Court Judgement against you. The register of CCJs is a public document; anyone can check it to see if you've had a judgement made against you. (It's available online here: http://www.trustonline.org.uk/ ). Credit reference agencies refer to that register when checking your creditworthiness. If you get a CCJ you'll almost certainly have all credit applications refused until some time after the judgement is 'satisfied' (i.e. you've paid all of the money owed).

However the courts are very understanding when people are having genuine difficulties making payments. As long as you explain your situation to the court you'll be ordered to pay the money in small instalments (possibly over several years), rather than all at once.

As long as you comply with the court order you'll have nothing else to worry about. If you fail to comply with the order the gym can seek enforcement. The usual ways of doing this are either to get a further court order forcing your employer to pay money directly to them, or to get an order allowing them to send bailiffs into your home to seize your goods.

Chris
apologies elderado for slightly going off topic, but passed a new gym yesterday.
couldn't help noticing it had automatic doors and escalators !!
Presumably the auto doors let you in, Vulcan, but not out until you have paid up!
It's the same with mobile phone contracts. That xbox may look good at the time, but glancing at the mobile contract to see you have another 23 months makes you think....

Whether you use the gym or not, it is the contract that was signed. If people opted out each time they felt like it or because of personal circumstances, what is the point of that contract?

I would come to an arrangement with the gym (a sob story too, relatives have died etc). Why not pay the remaining amount over the next 12 months after explaining the situation. Set up a DD for the new amount with a note to the bank to cancel after 12 months.

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