The Vilnius resident is in an unusual situation: there is no contract with the sports club, but debt collectors called

The sports club sent reminders about the debt

Following the introduction of quarantine in the country, sports clubs were closed. As publicly announced, Impuls resumed operations on May 20.

The client of the sports club acquired the membership in January of this year and, according to him, he paid in advance every month before the quarantine, that is, in January he paid for February and in February, for the whole of March. However, due to the quarantine, he only attended the sports club in March for two weeks.

“What a difference, I will give you those two weeks that I have not exercised more. I thought maybe later he would count them for me, ”says Saulius.

However, after Impuls resumed operations in May, the man began receiving debt reminders from the gym, as he had not paid for May.

“In May, the sports club started sending messages that I am in debt and have to pay. It’s the other way around, you owe me one, not me, “he resented.

Finally, Saul was called by an employee of a debt collection company. The man clarified the basis on which he sought to recover the debt from him, if there was any document, contract or invoice. The debt collection company allegedly confirmed that it only had a list of debtors on the basis of which the debts were recovered.

The sports club client contacted Impuls himself to find out on what basis the money was required. The accountant allegedly sent the contract between himself and the sports club, only it does not contain any signature, neither the manager nor the client herself.

“I sent the contract to a debt collection company, I ask if I want to collect a debt under said contract. They told me not to do it because there is no signature. I don’t have my signature, because I never signed any contract,” says Saulius. .

Attended a sports club without a contract

The man claimed that he had not entered into any contract with the sports club before starting to play sports, allegedly he was not familiar with any rules.

“I paid in advance with the card: I get to the administrator, I swipe and everything gives me a check. I pay for a short time every month, ”he says.

“A sports club has come up with the following rule: if you stop playing sports, you have to give one month’s notice, if you don’t, you have to pay in advance, it doesn’t matter if I don’t do sports. But I did not intend to terminate any contract because it simply did not exist ”, adds the interlocutor.

As the man knows that he has not signed a contract with the sports club, he is convinced that he is not obliged to pay either: “If I had signed the contract, I myself would be guilty of not reading it.”

The sports club is reportedly trying to make up for the loss.

Saulius says that there are many such cases, because he saw the list sent by the debt collection company.

“According to consumer rights, you cannot charge money for a service not provided. If you accept money, you must provide a service or return the money. You can go to consumer rights and ask why I have to pay if I have not received the service ”, says the interviewee.

“People did not attend the sports club during the quarantine. Now – summer, the quarantine is over, in June, July and August – empty sports clubs, only units walk. They have a particularly difficult financial situation and therefore trying to compensate : They have a clause in the rules that allows you to overtake all clients for one month. Other people take it by hand, they don’t want to fight for 60 Eur, they will pay better and have a calm head. Debt collectors will then submit the application They will have a problem, they will not be able to take credit or anyone else.

He charged a customer fee for two weeks for the quarantine and still requires a month in advance to pay. Where is the customer loyalty? When companies try to tame regular consumers today, this behavior is extremely unpleasant and unfair to consumers, ”emphasizes Saulius.

impulse: sign a contract – required

According to Donata Visockaitė-Laurinčikienė, Impuls Marketing Director in Delfi, the customer had purchased a FLEX membership and allegedly paid in the current month. Her debt was canceled, her contract terminated, and her recovery revoked.

“In this case (without signature on the contract – Delphi) we have to cancel the debt, terminate the contract. Faced with this type of misunderstanding, the situation is always resolved and the administration of the debt delegated to the recovery company is canceled. The customer simply has to contact the customer service center and everything will be resolved as soon as possible, ”he says.

The representative of the sports club ensures that it is mandatory to sign the contract before attending the sports club and acquiring membership. Clients sign them when they arrive at the gym or when signing a contract online. In this case, the signing of the contract was not due, according to her, to the negligence of the employee.

If the contract is concluded online, we do not have the signature of the physical client, it is confirmed by the consents confirmed at the time of purchase, IP address and the first payment has been made. Perhaps in this case, a contract template was sent to the customer. Furthermore, the possibility that the employee simply made a mistake and the customer’s signature was not taken, cannot be ruled out, ”says D. Laurinčikienė.

Customers only pay for the current month

The interlocutor also emphasizes that the sports club does not ask for advances, clients supposedly only pay for the current month.

“Customers pay the current month, not the next. There is no similar clause in the contract. The contract states:”<...> The fee will be paid for the current calendar month. “

March invoices were reduced in proportion to the club’s downtime and all overpayments were carried over to the following months, ”he says.

When asked to explain in detail the debt incurred by the client and, as he says, the advance, the marketing manager of the sports club points out that the client acquired the membership on January 19, which he allegedly paid for the balance in January.

In February (the 1st of the month), the customer received a payment for February. The club man allegedly paid for it in cash the same day.

In March (the first of the month), the client received a payment for the fight. According to him, when the club closed, the contribution was reduced in proportion to the downtime of the club. This means that the client had to pay the 12 days of the month that Impuls was working.

When the club opened in May, the customer was charged a fee after activating the contract from the day the club opened, as the customer had not notified his wish to cancel the membership.

“The client did not pay anything in March, nor in May. The debt was formed for the balances of March and May, ”explains D. Laurinčikienė.

Consumer rights: there are currently 10 pending complaints against impulse

The State Service for the Protection of Consumer Rights (SCRPA) is currently investigating more than 30 consumer complaints, including about 10 complaints against UAB Impuls LTU. Consumers often complain about the termination of a service contract with a sports club and the consequences.

“In each specific case, it is important to assess what specific terms of service have been agreed between the consumer and the service provider. These agreements should be enshrined in the service contract, which discusses the rights and obligations of the parties, the procedure for terminate the contract and the consequences, etc. ”, comments the SCRPA.

In this particular case, according to SCRPA specialists, it is difficult to assess the situation, since it is not known under what conditions the consumer requested the services of Impuls LTU, what information was provided to him before requesting the services, etc.

“Only a detailed evaluation of the circumstances of the dispute, the parties’ explanations, and the supporting evidence could determine whether Impuls LTU was justified in requiring the consumer to pay for services not used by the consumer and whether the debt management of the consumer was reasonably subcontracted to a collection company “,.

The SCRPA also states that if the consumer wishes to terminate the contract before the end of the contractual service period, the consumer must follow the terms of the contract and clearly express (in writing) to the sports club their willingness to terminate the contract.

If the contract provides for the payment of discounts in the event of termination before the end of the service period or other obligations of the consumer after termination of the contract, the consumer must pay these discounts or fulfill other obligations, but will be assessed on a case-by-case basis. , if you were awarded certain benefits for those services, etc.

In case of dispute, the service provider must prove the above circumstances in each individual case.

If the consumer and the service provider cannot reach a joint solution, the consumer must first submit a written complaint to the service provider and state their claim. The service provider must examine the consumer’s request free of charge and, if it does not agree with the user’s requirements, must provide the consumer with a detailed and reasoned written response based on documents no later than 14 days from the date. of receipt of the consumer’s request.

If the consumer does not receive a response from the service provider or receives a response that does not satisfy the consumer, the consumer has the right to request SCRPA resolution of disputes in the alternative (non-judicial) dispute resolution procedure for consumers and sellers. and service providers.
The request must be accompanied by copies of the documents confirming the circumstances established in the request (such as a copy of the document confirming the payment of the service, a copy of the request to the service provider, a copy of the response of the service provider , a copy of the contract and other available documents).