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Cooling off period

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tigwig | 11:50 Fri 18th Apr 2008 | Law
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does a cooling off period apply to everything? My hubby joined this gym (not a well known one just a small local one) and when we looked round it was almost empty which we thought was good as there wasn't much equipment. He specifically asked if it got busy through the week and was assured not several times. He paid a �35 joining fee and signed up the only downfall being that it was for 3 years but as he goes to the gym very regularly and it was at a bargain price this didn't bother him until he went one evening and it was absolutely packed with 3 people waiting for each machine. I immediately wrote to the company and told them we would be cancelling and when I phoned the bank the direct debit hadn't even been set up as it was only 9 days ago he had joined. Now 2 weeks later, they have taken the money out of the bank which we have got back and obviously havent taken any notice of my cancellation letter. Can they do this? I thought a cooling off period would apply for 14 days after joining.
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this page might help you

http://www.consumerrightsexpert.co.uk/WhatDoYo uGetWhenYouSignUpForAGym.html

it suggests that a cooling off period only applies if stated on the agreement contract. I would recommend speakign with the gym and advise them that they are unable to fulfil on their service to you and so you do not feel that you are receiving value. if they are a reputable organisation they may cancel your subscription but maybe charge you a cancellation fee of perhaps one month on top of any payment already made.
No cooling off period when the contract is signed on the business premises, unless specifically stated in the contract.

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