Gym membership, I WANT MY MONEY BACK!

johndowy on 26/11/2018 - 14:34

So, I like a lot of people, I had a gym membership but haven't been to the gym in a few months.

Today, 26/11/18, I sent them an email to cancel my membership and they replied and said that they have closed my direct debit account.

Now, the fees work like this according to them. Its prepaid in advance monthly fee of $250! deducted on the 20th of each month. So 20th of November is paid for the month of December 1-31.

They said that my fees for December have already come out and they have a no refund policy or something that apparently I signed on when I join.

I want, at the very least, my money back for December as I don't want to go back there and haven't been back there in months but they keep taking out my money.

What can I do?

Health & Beauty

Comments

  • Halo375 on 26/11/2018 - 14:38
    +174

    Read your contract and see what you signed up for.

    • poboy on 26/11/2018 - 21:41
      +115

      But he doesn't like his contact anymore. His feelings should override his duties when required.

      • Scrooge McDuck on 26/11/2018 - 21:57
        +40

        Especially since he used all caps and an exclamation mark. That's, like, a legal loophole to get your money back.

        • SpotTheOzzie on 28/11/2018 - 13:18
          +1

          How is this guy a 4 year member on OzBargain but pays $250 for gym?

          He obviously hasn't been to the Scrooge McDuck School of Bitcoin, Lift and Freebies

          • sd on 28/11/2018 - 17:56
            +2

            @SpotTheOzzie: hahaha, if he's been to a school of bitcoin, he wont have 25 cents to pay per month :p

        • surethang on 27/11/2018 - 16:33
          +19

          Hmmm, you couldn't commit to going to the gym. You couldn't commit to cancelling your membership until after many months. You don't want to commit to the legal contract you signed.

          Seems like "life" is handing you a nice lesson about yourself, and a great chance for some personal growth… but I'm guessing there's little chance you'll commit to learning from it :(

          • Click_It on 28/11/2018 - 17:46
            +1

            @surethang: That's probably the most useful comment the OP could read.

            Take that on board, seriously. Keep going down your current trajectory and life will keep throwing more of the same at you. Learn from this, own it and move on gracefully.

    • Scrooge McDuck on 26/11/2018 - 21:59
      +5

      Read your contract and see what you signed up for.

      My money's on: Exactly what OP was told today.

    • smartazz104 on 27/11/2018 - 18:27
      +1

      Who has time to read..

  • Seraphin7 on 26/11/2018 - 14:39
    +7

    What does your contract say on this matter?

    • Scrooge McDuck on 26/11/2018 - 22:10
      +10

      It says:

      You better get your arse to the gym OP.

      • Spam Service on 27/11/2018 - 13:48
        +19

        Then there's your answer. You didn't give notice before the 15th, so don't expect a refund.

    • ireadtermsofuse on 27/11/2018 - 10:19
      +54

      Give it to me and I’ll read it

      • Mewinneryay on 27/11/2018 - 11:22
        +17

        Username checks out

  • jimbobaus on 26/11/2018 - 14:39
    +2

    Depending on your bank you can dispiute Direct Debits if you have proof that you requested it to be cancelled.
    My bank (ING Direct) has helped me out in a similar situation before. (they also can block a debiter from direct debiting again from your account)

    • HighAndDry on 26/11/2018 - 14:46
      +12

      Yeah, and the gym sends them a copy of the contract OP signed.

      • jimbobaus on 26/11/2018 - 14:50
        +11

        the company i dealt with tried that, and ING took my side
        I was able to show that i had requested the DD to stop on said date and ING agreed that i had done enough to prevent the debit and that the merchant had no right to debit.

        you have a RIGHT to request a DD be stopped at ANY TIME.. for example a friend of mine was renting a home and the agent insisted they HAD to pay by DD, as it was in their lease.. they went back and forth and ended up calling their bank who informed them that as a consumer you have the right to request a DD be stopped at any time and no merchant is allowed to ONLY accept DD as form or payment. As in you have the right to say no to a DD at ANY TIME and your bank has to have facilities to prevent unauthorised DD when requested.

        • whooah1979 on 26/11/2018 - 14:52
          +26

          Op requested the supplier to stop debit 6 days after they had done it.

        • HighAndDry on 26/11/2018 - 14:53
          +9

          you have a RIGHT to request a DD be stopped at ANY TIME.

          Okay, this doesn't help OP:

          So 20th of November is paid for the month of December 1-31.

          They said that my fees for December have already come out

          Just for clarity, today is the 26th of November.

          Edit: Upvoted you for upvoting valid corrections. (Your comment isn't necessarily wrong, just not applicable here. So I feel it should sit around +/-0)

        • altomic on 26/11/2018 - 14:55
          +11

          What is he disputing? The DD was scheduled days PRIOR to him requesting cancellation.

          If the DD went ahead AFTER he requested it to be stopped then I'd see your point.

          • johndowy on 26/11/2018 - 23:05
            -5

            @altomic: I'm disputing that I am cancelling my membership but I am still getting charged for December.

            • digitalbath on 27/11/2018 - 18:44
              +2

              @johndowy: But you cancelled on the 26th, and you already knew it was to be cancelled before the 15th…

        • whooah1979 on 26/11/2018 - 14:59

          no merchant is allowed to ONLY accept DD as form or payment.

          The suppliers may have the right under Australian laws to request their preferred form of payment before a contract has been signed.
          https://banknotes.rba.gov.au/legal/legal-tender/

          Commercial Terms

          It appears that a provider of goods or services is at liberty to set the commercial terms upon which payment will take place before the ‘contract’ for supply of the goods or services is entered into.

          • jimbobaus on 26/11/2018 - 15:02

            @whooah1979: You can not force someone to use your chosen payment method.. if you dont agree you can of course not sign
            but your bank has to have a facility to prevent to block a method of payment if you request it

            • HighAndDry on 26/11/2018 - 15:05

              @jimbobaus:

              You can not force someone to use your chosen payment method.. if you dont agree you can of course not sign

              You're right - but effectively this means they can force you to use their preferred payment method if you want to use their services. Plus - OP obviously agreed to DD as a payment method when signing up, so this is still really moot.

      • chillin222 on 28/11/2018 - 01:04

        the gym sends them a copy of the contract

        Irrelevant. Banks aren't courts - DE rules say DE users must immediately stop debits upon customer request. That's in their contract with the bank.

        So if the DE user has decided to put anything about direct debits in their contract with the customer, that's their problem.

        If the customer is liable for outstanding fees, that's a separate issue and the gym would have to pursue them through the normal legal channels - to be settled via another payment method.

        • HighAndDry on 28/11/2018 - 09:41
          +1

          DE rules say DE users must immediately stop debits upon customer request.

          DID NOONE READ THE OP?! GO READ IT.

          F this I'm out.

    • matt-ozb on 27/11/2018 - 23:52

      dont get this guy's hopes up

  • cnmarine on 26/11/2018 - 14:39
    +43

    ??Which gym's 250/month, I'm interested in what it included.

    • [Deactivated] on 26/11/2018 - 15:38
      +19

      It's for beautiful people.

      • CyberMurning on 26/11/2018 - 15:49

        include beautiful people for your eyes only

      • Baghern on 27/11/2018 - 11:37
        +4

        Who don't go to the Gym…

    • elgrande on 26/11/2018 - 16:00
      +4

      Special services..

      • Scrooge McDuck on 26/11/2018 - 22:06
        +31

        From the OP:

        So, I like a lot of people

        Sounds like a swingers club.

        • Aerith-Waifu on 29/11/2018 - 15:43

          Sounds cheap for $250 a month with unlimited god knows what lol

    • vietbargain on 26/11/2018 - 16:28
      +24

      I'm interested in what it included

      Remorse and an empty bank account by the looks of it

    • Scrooge McDuck on 26/11/2018 - 22:04

      ??Which gym's 250/month,

      Fitness First Black Label or Virgin Active.

      • lainey13 on 27/11/2018 - 00:36

        Nah, I pay less than $34 a week with Virgin Active. The max I think is $40.

      • Dr Techno on 27/11/2018 - 11:14
        -1

        I think I use to pay $22 a week with finance first regular many many years ago, but dunno about the upmarket gyms.

      • ak47wong on 27/11/2018 - 16:19
        +1

        Black Label? Do you get a case of whiskey each month included?

        • Scrooge McDuck on 27/11/2018 - 16:29
          +8

          No, just a case of buyer's remorse.

    • Spic3y on 27/11/2018 - 07:15
      +6

      The more you pay the fitter you get, right?

      • Scrooge McDuck on 27/11/2018 - 08:50
        +11

        Weight loss for your wallet!!

    • DesiredUsername on 27/11/2018 - 10:48

      I have paid similar amounts for properly coached classes, whether crossfit or powerlifting. Its definitely nice having good coaching, but super expensive.

    • Jhonka on 28/11/2018 - 14:40

      Sauna + special lotion.

    • Millikano on 28/11/2018 - 22:16

      At GloboGym, they understand that "ugliness" and "fatness" are genetic disorders, much like baldness or necrophilia, and it's only your fault if you don't hate yourself enough to do something about it. Just ask White Goodman

      Sign up and get a gym with
      - Highly trained, Quasi-Cultural staff
      - Competitively priced on-site cosmetic surgery to change you from a 'Frankenstein' into a 'Frankenfine'.
      - $250 less in your bank account every month.

      Seems like a no-brainer!

  • whooah1979 on 26/11/2018 - 14:41
    +4

    What can I do?

    You may expect responsibility for signing a service contract. One month fee cheap. Try cancelling a mobile phone plan, internet contract or a rental agreement and see how much you'll pay then.

  • HighAndDry on 26/11/2018 - 14:45
    +9

    What can I do?

    Read the contracts you're signing next time?

      • Scrooge McDuck on 26/11/2018 - 23:56
        +30

        A fool and his money are soon parted.

      • kaleidoscope on 27/11/2018 - 07:16
        +8

        “the peer pressure of all of my 'friends' joining made me sign no matter what the conditions were”

        good luck to you.

    • blehgg on 27/11/2018 - 10:53

      this is pretty similar with all gyms

  • whooah1979 on 26/11/2018 - 14:46
    +7

    Today, 26/11/18, I sent them an email to cancel my membership
    deducted on the 20th of each month.

    You missed the debit date by 6 days. May we assume that this date is stated in your contract?

      • HighAndDry on 26/11/2018 - 14:56
        +32

        Notification must be given in writing on by the 15th of the month.

        Well today is the 26th. That seems pretty black and white.

      • John Kimble on 26/11/2018 - 16:23

        Request approval from the main company then. Simples.

        • Scrooge McDuck on 26/11/2018 - 22:12

          It's time now to turn this mush into muscles!

        • johndowy on 26/11/2018 - 23:07
          -1

          Is it that simple? I can try to request and if they say no, do I just give up?

          • Spic3y on 27/11/2018 - 07:14
            +2

            @johndowy: No. You have requested to cancel the DD on the 26th of November but since that is obviously AFTER the 15th of November it will go down as a cancellation by the 15th of December and you won't be paying the fee for January! Woo!

            Then when you make a new year's resolution to get ripped, you can find a gym that doesn't charge $250 a month.

          • HighAndDry on 27/11/2018 - 15:04

            @johndowy: I upvoted your above comment because, while it really does answer all of your questions (and so you didn't need to post here), it was succinct, to the point, and you didn't try to weasel out of it.

            But yes - ask the head office nicely, if they say no… that's it. The money's gone, it was validly gone, and you don't have a right to a refund. Asking nicely is all you've got.

  • [Deactivated] on 26/11/2018 - 14:53
    +1

    Certainly a expensive gym @ $250

    May i ask why you are cancelling and is it a urgent reasn eg , you have been diagnosed with a serious ilness ?

    However unless you have a good reason eg Terminal illness etc , or urgently having to leave the area then i suggest you would be liable for the $250

    I guess you could cancel your debit card as one poster said but then they might pursue you with a debt collection company and affect your credit rating.

    If i was you i would ask for a copy of the contract immif you dont have it and read over it .

    • HighAndDry on 26/11/2018 - 14:55
      +2

      However unless you have a good reason

      Actually OP likely has to pay even if they have a good reason. The gym is just more likely to be nicer in that case, and might decide to give OP a refund.

      I guess you could cancel your debit card

      No, does no one actually read the OP? The gym has already let OP cancel the membership and the DD - OP wants the DD ALREADY PAID to be refunded.

      • johndowy on 26/11/2018 - 23:08
        -7

        Yes, I have already paid and I want a refund for next month. I'm not asking for all those other months that I didn't go in once.

        • mikekiwimike on 27/11/2018 - 08:35
          +2

          What you are assuming ….. is that you pay in arrears for each months membership.

          Meaning (for example), if you belong to the gym from the 1st November - 31 November, your payment for that month would be due on the 31st November for services provided (there must be a lot of servicing going on for $250).

          What you are actually paying for is the month ahead, good strategy for any business as it ensures they get paid for their product, if you rent it is paid like this as well.

          In summary you are not going to get any money back because they have rightfully withdrawn your next months fee because you did not notify them by the 15th November that you were cancelling and you pay in advance for service.

          There are many things in this life that are a waste of money for the 80% of people, gym membership is one of those. My son is going through this at the moment. He must have the 'gym' to be able to get fit, it is the other way around start getting fit and then join the gym when you know you will keep up the good work.

          ——- Free advice… download the Nike Training Club app and start a program ———-

  • dylo on 26/11/2018 - 14:54
    +3

    Standard gym contract, sorry OP. 6 days after payment was due doesn't help.

    • HighAndDry on 26/11/2018 - 15:04
      +19

      Standard gym contract and much better than standard gym customer service - I've heard dozens of stories of gyms delaying or flat out refusing to cancel memberships even where the customer has a right to, just so they can get an extra month or two of fees. This gym apparently cancelled immediately and are actually abiding strictly by the contract.

      • johndowy on 26/11/2018 - 23:09

        Yes, I got an reply back 2 hours after I emailed them saying that they had processed my request and closed my direct debit account.

      • Typical16-bitEnjoyer on 27/11/2018 - 08:49
        +1

        Yep, agreed this gym sounds fair and civil. I cancelled a while ago with another "mainstream" gym as I was moving interstate. They apparently would not accept cancellation over the phone, over email or via post. I was required to "physically attend" to sign the cancellation… figure that one out.

        • chriskq on 27/11/2018 - 10:24
          +1

          had to do the same with a certain richard branson affiliated gym years back… stupid pressure sales techniques…. felt like i was attending a time share event.

  • altomic on 26/11/2018 - 14:59
    +32

    Read this post. I WANT THOSE TWO MINUTES OF MY LIFE BACK!

    • vietbargain on 26/11/2018 - 16:30
      +8

      i come to OZB for these types of posts. THEY GET ME THROUGH THE WORK DAY!

      edit: all caps

    • HighAndDry on 26/11/2018 - 15:10
      +3

      Out of negs, but consider this one, because this is terrible advice. OP doesn't have a right to a refund. OP can (and apparently already has) asked, and the gym can (and also already has) said no.

  • djkelly69 on 26/11/2018 - 15:03
    +13

    haven't been back there in months but they keep taking out my money.

    The gym isn't charging a fee for service, they are charging for making facilities available to you, as required under a contract you signed with them. Whether or not you have been using the facilities is irrelevant.

    What can I do?

    Clearly the only solution is to go there for 3 hours a day everyday until the end of December and be as loud, gross and unpleasant as you can. (/s)

    • [Deactivated] on 26/11/2018 - 16:15
      +18

      be as loud, gross and unpleasant as you can.

      So half my gym is trying to get their money back. All makes sense now.

    • Thrift on 26/11/2018 - 19:01
      +5

      "You won't give me back my money? That's a nice clean shower you've got there. It would be a shame if someone was to pee in it."

  • pantsparty on 26/11/2018 - 15:04

    I have the same comments as other people - firstly wow, what kind of awesome gym is this - $250 a month is very expensive! In regards to getting December refunded, I hate to repeat everyone else, but what does your contract say about cancellation? If you don't have a copy of the contract can you goto their website and start the sign up process and get a copy of the standard contract that way? I would guess that most gyms do not refund money you have already paid - it would be very generous if they did.

  • [Deactivated] on 26/11/2018 - 15:09

    The only options I guess to get a refund is

    1/ the gym didnt provide the service they promised
    2/ there is a problem at the gym and yiu had already briught it to Management s attention and it wasnt fixed

    What is your reason ?

    • johndowy on 26/11/2018 - 23:11

      Unfortunately the services are there, I just didn't use it. Lazy ass.

      • idonotknowwhy on 27/11/2018 - 07:57
        +2

        Call the gym, say you've changed your mind and that you want to continue your membership,then get off your ass and lift!

  • [Deactivated] on 26/11/2018 - 15:22
    +10

    Just make use of the membership over December.

  • Gronk on 26/11/2018 - 15:41
    +12

    Am I the only one who's wtf'ing out over the $250 monthly? What type of gym are we talking about here?

    The gym I train at has full facilities (incl wet area) and it's ~$65/mth.

    • CyberMurning on 26/11/2018 - 15:50
      +3

      its a gym with plus plus

    • buckster on 26/11/2018 - 20:07
      +25

      From what I understand you go and they lift the weights for you, costs more but you don't have to sweat so hard.

    • dbui8743 on 27/11/2018 - 08:54

      Cross fit facility, they tend to cost more, since there is always a trainer with you (or group of you)

      • Gronk on 27/11/2018 - 09:07

        Yeah I wondered that, $250/mth is normal-ish if you're talking an MMA gym but it sounds like OP got well and truly stitched.

    • bobbified on 27/11/2018 - 11:45
      +1

      It comes with a happy ending at the end of each session.

  • CyberMurning on 26/11/2018 - 15:50
    -1

    bring bikies and told receptionist they are your brothers

  • spiff on 26/11/2018 - 15:50

    Lol $250 a munt

  • garetz on 26/11/2018 - 15:54
    +1

    Looks like you made a mistake, learn from that mistake and be more careful in the future.

    • smartazz104 on 27/11/2018 - 18:31

      This sounds like common sense, sorry sir that won't fly here.

  • askme69 on 26/11/2018 - 15:56

    Gyms have other payment methods, but the prices are different.

    Yes you can stop the Direct Debit at anytime, but the gym will and if by contract, still able to chase you for the balance.

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