I am being chased by a debt collection agency for non payment of gym fees. Basically i can cancelled direct debit and stopped going to the gym. So now this collection agency are on to me for one months fees as they say i should have given one months written notice. I have asked for a copy of the signed contract which i have now received. Under the terms and conditions it says 'termination of the gym - option 1) one months written notice. Option 2) Non payment of fees. Option 3) at the managers discretion.' All typed. I have signed this contract. So under option 2 i would be within my legal write to cancel without giving one months notice.
However it has written in pen under the heading 'Advice' - ' option 1 - one months written notice.' It is not initialed by me but signed by them only.
I presume they have realised there mistake and written this in after. Is this legal? And if it went to court (which its looking likely) who would stand a better chance of winning? I wouldn't want to make an accusation of saying they are lying and be proved wrong, as i have no proof this was written in after. I just can't see how a contract can be legally binding if it is typed and written in pen?
Answer by gbates31
Your situation will be a whole lot easier if you can produce a copy of that contract from when it was first signed to prove the handwritten amendment came after the fact.
Every contract I've ever signed that also involved handwritten amendments, initials from both/all signatories had to be present otherwise it could be subject to the claim of one party making changes without the other party's knowledge or consent.
You should be fine, just stress the fact that you were unaware of the changes (if it is in fact true) and the fact that the amendments are handwritten with no accompanying marks makes it suspicious.
Answer by Mr. Goodhi ©
They aren't legal unless both parties agree to the amendmants.
Answer by Aces high
You are bound by the original contract you signed you are not bound by anything that was added in later as that would would require you to accept and sign the new addition as that would constitute a new contract. The part where it says option 2 and option 3 are meant for the gym i.e if you fail to keep up payments they are within their rights to cancel your membership. A contract can be written in goats milk it only becomes a contract when you and the other party agree to its terms and sign. You are only bound by the original any amendments would not apply without your acceptance and Signature. If you cancelled without prior written warning then you are liable for the outstanding money plus the debt collection fees, if it goes to court which is a civil case and the court rules against you you will also be liable for court fees
Answer by That's Some Funny Schitt
In order to amend a contract, a second contract has to be made. The second contract should specifically state that it is agreed by both parties that this contract will supersede the previous contract. Writing stuff in is NOT legally binding even if both parties sign the amendment
What do you think? Answer below!
Orignal From: Hand written amendments on a legal contract? Is this legal?
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