My rights with I.C. and the gym

[danceaddict]

Advice! Please help
Early last year i moved to the country to study fitness. Due to my course i joined a gym.
I used it regularly until i had my cystoscopy/hydrodystention. At which point my symptoms were so bad i had to discontinue the course.

I then moved to melbourne as i was going to try to finish the course in the city instead of waiting till the next acedemic year. I had obtained a letter from my G.P. stating that i had moved to melvourne to study and that i would be unable to travel to and from the gym as it was too far to travel on public transport. It is approx an hour to an hour and a half to any of the 4 melbourne based locations they have.
I do not have my licence or a car (but am trying). I have I.C with Hunners ulcers which is fairly moderate and am on a disability benifit.

The gym had said that I should provide them with this letter to cancel my gym contract.
After considering the letter they said that they would not cancel the contract because i moved to melbourne to study. They have held me to my weekly direct debit payments for the last 8 months when i havent been able to use the gym.

Due to the fact that i'm on a pension i have a low income. I cant always afford these payments. If the direct debit payments were not honoured the bank would charge me a $38 dishonour fee. So i loose $76 a fortnight extra.

What i want to do is find ammunition against these guys as to why they should have cancelled the contract. I want to know if any of you know what my rights are and how i can fix this.

Any ideas?

[ICNDonna]

I would think that a letter from your physician stating that you are physically unable to participate in the exercise programs there should be adequate.

Donna

[Rosalie]

Firstly hello and :welcome: to the boards. Its nice to see another aussie.
And welcome to Melbourne . :hi:

What heartless people these are! Have you thought of getting some legal advice through legal aid? They might be able to suggest something.Have you explained your financial situation? And are you dealing with the head office or a local branch of the gym?
Their head office may have a public relations officer or the like. Perhaps bombarding them with as many letters as you can get from doctors or perhaps the Aussie IC group might help?

Don't give up, there must be something to make them see sense!

[deviation72]

I agree with Donna, a letter from your GP stating that even if you hadn't moved you would not have been able to keep up your membership should help. If not, maybe talk to someone at Consumer Affairs Victoria? Their contact details are on the web or in the Yellow Pages.

Hope you manage to sort it out soon,

[kadi]

Isn't there a clause in your contract that if you move more than a certain # of miles out of the area, then you're allowed out of the contract?
The doctor's letter should do it, though...