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    Hello there, let me explain the issue first,

    Basically I was going to sign onto a 12 month contract with fitness first but I then later changed my mind for it to be a 3 month contract. The membership consultant said everything was fine and said to me to sign it. Now from the above I should be on a 3 month contract right, but no Im tied into a 12 month contract.

    I cancelled the direct debit in question but yet they can take the money from my bank via a straight transfer, because they took my bank details down as a secondary payment

    The membership consultant must have not changed the option from 12 month to 3 month contract and I stupidly signed it. Now yes they have the legal papers, but I signed on a verbal misrepresentation and could be something under the Illegal Trades Description Act right...?

    Please advise what should I do? And has anyone else been in a similar situation? I would be fine if they couldn't take money even after I cancelled the direct debit, but now the problem is that they can take it straight from the bank from the card details I initially provided to them.
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    Good luck, my sister had to get my mum to lie to them before they released her from the 12 month contract.

    Ring their customer services and speak to them or go in to the centre? You have to be so careful with gyms, I'm so glad mine lets you leave whenever you want, which is really rare these days.
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    I signed a 3 month contract and they put me down for 12 months. It took a huge amount of shouting before they cancelled it, and they still took a couple of extra months before I was able to put a stop to it.

    Stay away from Fitness First.
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    you could always close your bank account and open a new one somewhere else?

    or try contacting the gym in person, and explaining the situation, and they might be able to do something about it. this might work best if you speak to the person who originally got you to sign the contract, as they should remember agreeing to only 3 months, and if they can't help you then ask to speak to the manager or someone else higher up. if nothing can be done to help then i guess maybe closing your account is a last resort.
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    Ive been told them to send a letter saying I will take legal action, however Im concerned that they have the legal papers whereas Im going on a verbal agreement.

    Say I close my bank account, what about my credit rating...?
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    My sister had this with Virgin and they threatened to take her to court (County Court Judgement) about the unpaid subscription. She had to pay up as she'd signed a contract even though she hadn't used the wretched place in months.
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    Don't close your account. Write them a letter stating that you claim the contract is voidable (not Void) due to misrepresentation. Explain the situation. State that if this is not rectified within two weeks by either a complete cancellation of the contract or written confirmation that it is to be altered to that of a three month contract, then you will seek representation for an action against them in the County Court.

    They'd be quite mad to ignore you.
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    Will an email not be enough, I dont have a printer at home lol

    Redefined, I see your a law graduate, first of all say I do write an email or letter, stating exactly what you have told me above, why shouldnt they ignore me, I mean doesnt the judge count the written agreement more important rather than me saying they said it was 3 months.

    second of all, if I dont close my bank account (which I was thinking of doing anyway because I have 2 more accounts) then fitness first will continue to take money out every month from the bank debit card even though I have cancelled the direct debit. so say they dont respond to my letter within 2 weeks, they will take even more money out...and say they do cancel after a month or two, they wont give me the money they took out after the 3 month contract ended will they?

    thirdly, say I did close my account, will anything happen to my credit rating?
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    Without going into great detail, misrepresentation wouldn't exist if the judge just found the written agreement to be superior in all cases.

    You can try an e-mail, the only problem with that is that you wouldn't be able to prove they actually received it, as opposed to a letter via recorded delivery.

    A judge would not look favourably on you if you closed your account when you still have obligations under a contract. Closing your account is a gamble and for that reason I'd advise against it.

    I'm not 100% certain on how credit rating works but I would assume that it would be affected. You could perhaps speak to trading standards regarding that issue.
 
 
 
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