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The gym I have signed a contract with is chasing me?
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The gym I have signed a contract with is chasing me?

I was a member of Courtney's gym for some time. Then few months ago I caught a superbug there. I was severely ill for 3 months, the superbug nearly killed me. I am still weak, cannot return to work yet, and have no money. I wrote to the gym to cancel the membership and explained my situation, I attached the discharge note from the hospital. But now they are chasing me for £47? I feel that they do not have an ounce of humanity. Since I know that this type of bug can only be caught in places like a gym, can I sue them for the loss of earnings? Or what can I do to teach those mean b.....s a lesson?
Additional Details
No, Martin I didn't ring the radiostation1 but it is an idea!


    




briteyes
Before you do anything else, take a good look at your contract with them, and make sure you know exactly what their cancellation policies are. What were the terms of your contract? I'm guessing it was a yearly contract with monthly payments. In that case, is the £47 a monthly payment or a cancellation fee?

In my experience, cancelling with a doctor's note will waive the cancellation fees (that's how it worked with the health club I managed--again, check your contract!); however, a cancellation is generally NOT retro-active. Had you missed a payment date at the time you cancelled? In that case, you very well may owe them for the month during which you were sick--some places will do the "nice" thing and forgive the payment, but from a business & legal standpoint, they are in the right.

Now, you could try to sue them, but you should seek *professional* legal advice first. In my personal opinion, it's not worth it. First, you would need to make sure you have a case: definitive proof that you caught this disease at that facility--through *their* negligence--and proof of damages (loss of earnings, hospital fees if you were in private hospital, etc.). You need a lawyer who will take your case, and you will need to pay them. Think about what the legal fees will be, versus what you stand to gain. Also keep in mind that Courtney's is part of a larger corporation, one that is highly insured and likely *very* well-protected by a large legal department.

For the possibility of a small settlement, you could be looking at thousands of pounds in legal fees. Or, you could pay the 47 quid, never give them business again, and if you're still feeling put out, write a letter to the newspaper or another media outlet in your area.

Whichever path you choose, I wish you the best of luck.


Derke N
I would take the contract and the letter to the Citizens Advice Bureau. You could take them to the small claims court if they are being unreasonable.
I don't know what bug you caught or if it could live in a gym. If it was caught in the gym then it is likely it was left there by another member who used the equipment a few minute before you. How could the gym be held responsible for the contagion in that case.
See the links for more info


joe c
Rating
I did the same thing (out of laziness, not illness!!) and they came down on me like a ton of bricks. I got one warning letter and the next day I had a b****y collection agency after me.
Im not pushover but these people seriously know how to get money out of you. My advice is to pay and put it down to experience.


blue dolphin
If you are in the UK, then see a solicitor, most solicitors give the first consultation free, ask them where you stand, if they say there is nothing you can do, then write to the gym, saying you are not paying this fee, as you contracted the bug from there and that you will consult a solicitor if they send anymore requests for this payment and don't cancel your membership immediately.
sometimes this works, as many of these places don't know the actual law and are afraid to get into any legal wrangle in case they lose. Good luck.


James M
Pay up. You will never ever prove that you caught the bug there. I'm not doubting that you did, I'm just saying that you will never prove it. The company will chase you into the small claims court and will win in the end. Contact them and negotiate


Flamehearted
Something odd about this question - did you phone in a radio station with it last month ?


Geoff E
There are many injury lawyers advertising a free service now. I would contact them and find out what your position is. Alternatively you could inform the gym that you hold them fully responsible for your illness and intend to pursue a claim against them. This might stop them pestering you.


?
Rating
Tell them they either cancel your membership or you *will* sue for damages as you are 100% certain you caught the bug there.


Jonny T
Rating
get onto the CAB, yes, sue them!


Barry C
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> Since I know that this type of bug can only be caught in places like a gym,

Then you don't know much.

Maybe you should go back to your doctor and ask him to patiently explain things to you.

In any case, if you were really so sick, is this £47 really the most important thing for you to be focused on?

If you feel you caught your disease as a result of their negligence, then sure, contact an attorney.

But then expect to not only be fighting for your health, but your sanity over the next 5 years or so as this is tied up in court. They have attorneys on staff or retainer to handle such matters, it will be par for the course for them, but for you it will be incredibly stressful.

In case you think that bluster about a law suit will "teach them a lesson", I'm just sayin' ...


snetterton
Rating
Sadly, you have to pay up. You can't prove you caught the bug there. What bug was it?


Duffer
Rating
If you signed a contract, the payment they are asking for must be referred to there. Ask them the reference and look it up. if they are right, pay up.


rogerglyn
Rating
Counter Sue & call in the Health Authorities.


njn001
Rating
Courtney's appear to be part of the Cannon Leisure group, who I am sure have a legal department. You could try the court way, but that is very hit and miss. You could do the opposite, Return to the gym every day and loudly voice your concerns in the reception area, as a member it is your right to be there. I'm sure that they will ask you to leave and might even pay you off to leave. Of course you even organise a local paper to cover you visits I reckon 2 would be enough. Lawyers they can handle, bad publicity they can't.


claire
Rating
sorry to hear that hope your well and healthy soon. if this is the case you can go to a manager a work explain your situation and they will get in touch with the union if your work has one and tell you what to do next and advise you the best way possible. other wise cant wait. your big words speak to the manager of the gym explain you are not paying it and you deserve an apologise for your hassle you have had to go though and if you receive any more letters for money i will be taking it further trust me they will drop it . its cheaper for them to do that that's why good luck! x


rowdy
Rating
OK, maybe you did catch the bug at the gym - but how are you going to prove it? And even if you do, how are you going to prove it was their fault?

Don't shoot the messenger - I'm just telling you what a lawyer will say.


wizjp
Rating
Send them an invoice for the hospital bill; allow a credit of 47p


7bayl
Rating
Contact the gym explain your financial position and ask for time to pay . You would have to have proof that you caught a bug in there gym before you could sue not just an idea that you can only catch it in gyms


madfangta
these things are quite common with the gyms. I would sue them for it!





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