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VIC Gym Payments and Debt Collectors - What to Do?

Discussion in 'Debt and Bankruptcy Law Forum' started by Pepelo, 10 March 2016.

  1. Pepelo

    Pepelo Member

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    Hello everyone,

    Please I need help.

    The case is, I wanted to start going to a gym in Melbourne and the person who made me the membership told me that they were going to give me one month free, which I thought it would be a trial month, but I didn't realise that I sign the contrat, which was for 12 months, and I couldn't for 12 months because my visa will expire in 10 months.

    I let P (the person of the gym) know. after three weeks of going to the gym and before the payments. I tried to cancel my membership because the gym was a little bit far from my home. I called them and they told me that the cancellation is $258, which was a surprise for me because I thought was a trial.

    Anyway, I didn't pay the cancellation so they continued sending me the weekly payments. which I wasn't paying because I wasn't going the gym.

    After that, they started sending me emails, telling me that I owe them $1480.

    Now another company which must be the debt collectors working for them sent me an email telling me that if I don't pay in 7 days, they will apply legal measures, and I don't know if this will go to the court or if the government can deport me out of the country or what.

    Someone can help me, please?

    I don't know what will happen to me and I don't know what I can do.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Pepelo,

    Did you sign anything at the time of the trial? If so, what was it? What did it say?

    Usually there is 48 hour cooling off period but that has passed of course. Therefore if you have indeed signed an agreement with a gym you have to honour your side of the agreement.
     
  3. Pepelo

    Pepelo Member

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    Yes, I signed a contract. which I didn't know was for 12 months and minimum of $1450. They just wanted to catch me and they told me about a free month if I signed quickly and I did it, but I don't want to pay $1450 for nothing because I don't use the gym.

    Should I pay for something I haven't used?
     
  4. Sophea

    Sophea Well-Known Member

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    Well a contract is a contract, but make sure you read it carefully and make sure that there are no other ways out, or that what they are charging you is actually the correct fee.

    You could also try to reason with them, that it was your understanding that what you were signing for was one free month and that you were not aware that you were signing a 12 month membership. It might work it you make enough of a song and dance about it, but not guaranteed. Generally it isyour responsibility to read what you are signing and ensure you understand the terms.
     

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