Gym membership - debt collection

[Scotters]

I joined Golds Gym over one year ago and was informed that I would receive one month free upon joining. After 2 months I enquired to why I had not received 1 month free. I was told I would receive the free month 6 months into the contract. 6 months in I asked about the free month and was told I needed my copy of the contract, I handed in my copy to the membership person and the following month I still didn't get a free month. For about 3 weeks I called and pursued it. They eventually said they needed a copy of the contract which I told them I handed in, but the membership person I handed it to had left and they have no record of it. said but you must have your copy? They refered me to the head office telling me they have the copies of the contracts.

Finally after nearly a month of chasing they fobbed me off by saying they needed my copy of the contract. I was confused because they hold copies of the contract on file, I asked them to send me a copy, they would not.

I said I signed up under that offer therefore you have not honoured your side of the contract and I will leave. They said I must honour the contract???? I replied by saying but you do not have a copy of the contract. I left the gym and cancelled my direct debit.

Nearly 8 months on I recieved a debt collection letter from Credit resolution company and they threated to send bailifs. Any help would be appreciated.

[sandmaster]

Bailiffs can only be used once the debt has been proved in County Court and the judgement is against you. If you are confident of your facts tell them you will defend the action in county court. The other side will need to produce their copy of the contract to prove you signed it and entered into a contractual obligation and it should show that you are due the free month.

[bednobs]

going to court is a bit of a drastic way to get a free month. From your account, they didnt say they didn't have the contract - just that they needed your copy for your free month - perhaps this is the terms and conditions of getting the free month? and if you didn't provide it, they haven't broken their side of the contract but you have by cancelling your payment

[Scotters]

Thanks guys/girls.

Thanks for your prompt responce. I managed to get in contact with the membership person who offered me the free month and took my copy of the contract from me a week before he left. He has emailed back confirming that he did infact offer me the free month and take the copy from me which he filed away.

During the time after he left I made several phone calls to the gym and the head office. They repeatedly failed to get back and would not send a copy of the contract which stated the free month. They concluded (by phone) that if I did not have the copy they would not give me the free month. I did not recieve my free month which was promised by the membership agent. The free month was mean't to be the sixth month, I can confirm this was not given. I wrote a letter and hand delivered it to the membership agent (Kavita) who is no longer present explaining that I joined on the offer of a free month, this was not upheld so the contract (which I was refused a copy) is null and void and I will be terminating my membership. I got no responce from the letter. Kavita has also left the establishment.

What might be the best line of action?