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QLD Credit Card Expired - Dispute Gym Membership Debt?

Discussion in 'Debt and Bankruptcy Law Forum' started by swalk113, 4 May 2016.

  1. swalk113

    swalk113 Member

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    I just received a debt collection letter in the mail today for "unpaid gym membership". My credit card had expired November last year which my membership was being paid out of fortnightly. I had stopped attending and assumed the membership would cancel automatically as the card had expired. The gym did try calling me earlier this year and left a voicemail to advise me that the card had expired, and to update credit card details. However, there was no mention of money being owed.

    They had called while I was at work, and by the time I had finished, the gym was closed. I never returned the call the following day, as mentioned before, I thought the membership would be automatically cancelled.

    Any help as to whether this matter may be disputable?

    Not sure if it is relevant, but I was also suffering from a medical condition at the time and was unable to work, nor have been unable to attend the gym. I would be able to obtain doctors certificates if necessary.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Swalk113,

    The issue here is not whether your credit card expired or whether you were able to attend the gym or not, it is the contract you had with the gym. Was it a fixed term agreement? Or were you able to terminate the agreement at any time? Even if you were able to terminate I am guessing there would be at least a 30 day notice period you would have to give knowing gyms. You never just walk away from a gym membership, they will keep charging you unless you terminate your agreement with them in accordance with their terms.

    Unless you notified the gym at the time you became incapacitated and obtained their agreement to suspend your gym membership for a period of time, then this is not a valid argument either.

    Until you terminate your agreement with them, in accordance with the agreement that you signed, then you are liable to pay their fortnightly fee.
     

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