I left my local gym earlier this year - I tried to cancel when I decided I no longer wanted to use their facilities but was told I had to complete the 12mth contract, despite having a reasonably good argument to support cancelling and the fact that I had been a member for over 12 mths (but when I changed my payment method from an upfront one off annual fee to DD the DD form stated payments would run for another 12mths.. I liased with consumer direct and was advised the gym could take me to court if they decided to pursue and if so it could go either way dependent on the thoughts of the judge. I didn't want any hassle so kept making the payments, until recent months. Anyway they wrote chasing the outstanding amount which I ignored and then wrote threatening legal action if I din't pay up in 5 days. This was a couple of weeks ago now and not heard anything. Due to the fact they would not release me from the contract (and there was no compromise) I do not want to pay any monies owing and therefore do not want to include them in my IVA. I had about 10 months to pay and will be leaving them with only 3 months outstanding - surely they can just write this off? I have decided to enter an IVA but have not included the £102 I owe the gym - 3 months payments at £34 each. What should I do?
Hi Tillergirl, welcome to the forum. I would talk to your IP regarding this, I had my cancellation put into my IVA, unfortunately because you were in a 12 month contract they can chase you for all monies owing and maynot be willing to write it off, there is no reason why you should not put this you IVA, I am not sure that you will be allowed to leave it out as all debts need to be included. Good luck
I agree with Gettinghelp, you need to speak to your IP about this. All unsecured debt should be included in an IVA, so the gym contract should have been included.
I was a member at this gym from 2003 - 2010. Left briefly for approx 6 mths 2007 - 08 (I joined another gym but decided it wasn't for me so rejoined Oct 2008 - paid upfront the year's membership. Oct 09 could not afford to pay the large lump sum payment for the year so changed to DD. Due to being there for such a long time I know several members of the staff. And with it being a local gym in a small town / village type area I do not want them to know I am entering an IVA. I think I would rather pay the £102 I owe - obviously I can't really afford it - but I could borrow from a family member or friend....
I understand that you would not want people knowing your in an IVA being in a small community, but I would still discuss with your IP, best to be upfront and disclose information from the start, then at least it wont come back on you at a later date
