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Automatically Renewing Contracts
MkIndy7 - 17/2/06 at 05:38 PM

Well bit of a word of warning people, be aware and look out for Automatically Renewing Contracts in any that you sign.

Its happened to both me and my dad now, my dads was with the RAC, when renewal time came up he was never notified of this or what the renwal fee was it "automatically renewed" and Direct Debited accordingly.

Its now happened to me with Virgin Active Gym, signed up for 1 year like I understood and never really read the small print (like ya do) and then presumed it went monthly like mobile fone contracts after the compulsary 12 months. Was never notified that it was about to renew or that the 11.5 month cancelation time was coming up.

So it now appears i'm 5 months into the new "automatically renewed" year with no plausable way to exit it, have tried explaining extra work comitments etc are preventing me finding time to go and all they say is there open 6am-12pm surely you can get there at "some time".

The outstanding amount for the rest of the 7 months is £280 so maybe worth chacing me for like they threaten to do if I cancel the Direct Debit.

Any Ideas people?


Danozeman - 17/2/06 at 05:54 PM

Write them a letter explaining why you are cancelling and that you wasnt made aware of the auto renewing bit. Cancel the direct debit and see what happens.


splitrivet - 17/2/06 at 06:05 PM

Part of the direct debit Gtee is that you should be informed by the supplier that the contract is at an end and you have the right to cancel.
If they have not informed you they have broken the contract and by rights they should pay you any amount taken from your account after the initial contract finished.
The direct debit Gtee allows you to cancel a direct debit at any time.
Cheers,
Bob


JoelP - 17/2/06 at 06:11 PM

the 'unfair terms in consumer contracts' might apply here. Unfair terms are not enforcable even if you read and signed, ie 'no pets' is often not enforcable by landlords.

Id cancel the DD, write a letter to complain - they are only human, trying to blag a profit but not really rip you off. I doubt they would risk the bad publicity.

DD guarantee isnt worth sod all, i rang the bank to complain and they said i must've signed something!

[Edited on 17/2/06 by JoelP]


stevebubs - 17/2/06 at 06:40 PM

One thing to be aware of is continuous credit authority (i.e. when you signed the bit of paper, you gave them the right to charge your card for renewals) AA, RAC and others all use these contracts...

You could always try the "but I cancelled that in XXX (i.e. before the anniversary line..." to both the credit card company and the gym....

Failing that, you're stuck with their cancellation terms - whatever they are...

[Edited on 17/2/06 by stevebubs]


Peteff - 17/2/06 at 08:08 PM

AA always notify me my subscription is due at least 1 month beforehand and as much as 6 weeks, same goes with my gas supplier before they extract the dough.


Gav - 17/2/06 at 08:13 PM

a few years ago i moved from bolton to blackburn which meant i couldnt feasably travel to bolton just to go to the gym, i cancelled my DD and they sent me a letter saying i owed 4xx for the rest of the year. I rang up and told them what had happend and that i also talked to smoeone in the gym and htey said it wouldnt bea problem.
They said i still had to pay, although they did offer to put my account into abayence for the rest of the year for £15 admin fee + £5/pm, rather than paying the full 39.99/pm

i never repiled and i was not contacted again, of course if they had of told me id of said i sent a cheque in the post


MkIndy7 - 17/2/06 at 08:45 PM

Hmm the 'unfair terms in consumer contracts' seems to be the best to go for as the did threaten the debt collectors if I canceled the DD. How can you forsee your circumstances 17 months in advance! ( I've got more hours at work, work harder and have another car to build, leaving no time for the gym!)

After reading it I did sign the bottom of the sheet that had the clause about automatic renewal on but there was what appeared to be tick boxes at the side, none of which I ticked. (I seem to remember at the time on purpose, but they say the signature over rules this even thought it says nothing like "I agree to the above terms" like they usually do.)

I did go to see the manager in person today after trying to cancel over the fone etc and got nowhere. And aparently as that branch goes there's nobody above her so it looks like emails or letters to Head Office etc.
I know Virgin Mobile competes firecely store against store and sales targets etc, me thinks thats why).

Failing that its play dirty on their own terms and conditions and small print to get it canceled!. E.g knowingly letting somebody use your card to gain entry, being drunk on the premisis, abusive to staff etc. I really don't want to do that because i'm not a nasty person But......


JoelP - 17/2/06 at 09:03 PM

they are after easy money. Id cancel the DD and ignore them, then again, it might backfire! Im almost sure they wont bother chasing you if it appears too much hard work!


Simon - 17/2/06 at 10:28 PM

Threaten them with the press - I'd cansel the dd anyway.

About 20 years ago I took out a subscription to the Penny Share Guide cos it was a tenner, but the renewal was £60. I cancelled the dd as soon as the 1st years payment had been made, the bank paid the renewal, then reimbursed me cos they found the cancellation letter.

Not relevant but!

ATB

Simon


steve m - 18/2/06 at 09:11 AM

The AA also notified me, about my renewal
but I was too pissed to read it

ha ha