Warning Bannatynes Gym -Unfair Contract Terms

thekkak

Hi all,

I had joined Bennatynes Norwich in Dec 2009 and after completing a year gave the letter in writing to cancel my membership in Jan 2011 . I wasn't aware of the 3 month notice period and so was shocked to know this. The salesmen didn't tell me this when joining and I didn't read the small prints as while joining everybody is so nice and encouraging, I didn't expect anything of this sort and I was prepared for a 1 year contract. Tried to contact the admin team couple of times by phone and in person but no one was available. They didn't return the call even after leaving a message with the receptionist twice. I believe 3 months cancellation policy only benefits the club and simply greedy.

MCD2003

I joined Bannatyne in Nov 09, I didnt start using the gym until Dec 09 as I had my tonsils out the day after I joined so that put me out of action. I had specifically told their employee that I only wanted to use the running machine, no classes etc I also outlined that I wanted to bring my son to the pool . I went a couple of times and was unable to use the equiptment at peak periods due to the amount of other user's. ....using the pool area with my son was the same. I complained and stopped my direct debit as they were breaching their contract with me. Nothing they said they would provide, was being provided. I soon got a letter telling me I had to continue to pay them. I rang the manager and explained how unhappy I was with the service but agreed to pay a 3mths cancellation period. I was aware that the manager had been in contact with HQ re the matter and understood from my conversations with her that this was agreed.
I was finally requested to send a letter to HQ just to let them know I had cancelled. I sent the letter outlining how I felt that what they provided fell far below what I had been promised or expected. I even sent my passcard.
THAT WAS THAT .....SO I THOUGHT.
On the day after my 12mth renewal would have been due some 7mths later. I got a demand for monies to the value of £396. .....
Since that time there have been several letters but the issue is still unresolved. They did initially offer to reduce the amount by 20%. After all our correspondence and being no further forward I have requested all the information they hold on me under the Data Protection Act and I will take them to Small Claims Court.
I have no other option other than to pay the outsanding money under protest (otherwise they will pass to a debt agency) and it will affect my credit rating.The money is not the issue for me....Its the principle. what they provided was not what they had promised. :mad:

Tell a fib.....The money is an issue, I am a single hard working mother, with a young son, I joined the gym through the winter months as I run raising monies for our local Childrens Hospital. The pool was a place I wanted to be able to take my son to in order to teach him to swim and have one to one quality time with him. The £48 for me a month and then the £5 for his swimming is/was alot of money for what they provided. I couldnt run (or had to wait on average 5min) and he couldnt swim on either of the occasions he went.

mickwitt

i recently contacted Bannatynes as i was having financial difficulty only for them to tell me there was nothing they could do. they did mention that i could pop into the reception anytime throuogh the month and pay over the counter but that i would not be able to use the facillities untill the month is payed.....so i pay full membership for 15 days this month, great!! in my eyes there is no way i can get out of the contract so the full subs will be paid no matter what, so why stop members from using it? shouldnt my fee be reduced for this month?
on another note, i really do regret joining this gym, the induction was set up at an off peak time so i should have known, the gym is always packed especially the weights area, and honestly my wife will not go to the weights area as it is full (and i mean full) of groups of men as is intimidating even for a regular gym goer.

oh and i left my mp3 player in a locker, and its not been handed in :mad: ha ha ha nothing to do with bannatynes as such but thats my rant for the day.

Jimbo80

If I were you I'd contact the man himself (Duncan Bannatyne) on Twitter @DuncanBannatyne he seems to be quite responsive and seems to frequently get his PA, Kim Crowther on the case... ...just make sure you really are justified in your complaint.

mountainofdebt

MCD2003 wrote: »

I had specifically told their employee that I only wanted to use the running machine, no classes etc I also outlined that I wanted to bring my son to the pool .
.....The money is an issue, I am a single hard working mother, with a young son, .........The pool was a place I wanted to be able to take my son to in order to teach him to swim and have one to one quality time with him. The £48 for me a month and then the £5 for his swimming is/was alot of money for what they provided. I couldnt run (or had to wait on average 5min) and he couldnt swim on either of the occasions he went.

I know you are realively new to MSE but what were you thinking when you joined if you only joined to use the running machine and take your son swimming?

Surely you would have been better off buying a running machine (even if it only lasted a year it would have been cheaper) and using a local swimming pool for lessons?

Come to think of it even using your local council run gym would have been cheaper.

Paul1969

Hi,
I'd like to add my experience with Bannatynes gym and the 3 month notice period.

I had been a member with Bannatynes Crewe for 5years and then decided to leave. Like most on here I hadnt been made aware of the 3 month notice period and to be honest had not looked at paperwork since I first joined. They initially did send me a few letters reminding me and requesting payment but I replied saying that it was unfair considering the length of time I had been a member. They didnt pursue it any more. A year latter I decided to go back again and re-join.

I went a long and sat down with one of their members of staff who explained that the had a deal on with ex-members where you didnt have to pay any joining fees. I made it clear that the only thing I wasnt happy with was the 3 month notice period, to which he said that because i was an ex member so long as I did 3 months membership up front that I didnt have to give 3 months notice. He even wrote on my contract (and I have carbon copy, wish I could attach a copy) that i was an ex-member and that the 3month notice and 12 month contract did not apply.

To cut a long story short I left a year latter and then got a series of letters saying that I owed 3 months membership for the 3 month notice period. I have replied telling them that I don't owe a thing and have sent copies of my contract. They then now invoiced me saying that I owed them for the 3 month period. Once a agin I replied and actually spoke to one of their head offiice staff and explained what I had agreed to when I signed up.

They are now saying that the person who signed me up is no longer there and they can not be accountable for what he said/did and that the writing on my contract means that as an ex-member I am not required to fulfill a further 12 month contract and that the 3 month notice period would still apply. This is not what I agreed too or was told at the time when I signed up. They have given me 14 days to cough up or they will take further action.

I am going to tell them again that I wont be paying and I intend to stick to my guns on this.
　

BP11

Have any of you actually been taken to court by Bannatynes? My husband joined their gym 4+ years ago and I join him 3+ years ago. We had joined memberships since then. When I joined I was told that after the initial 12 months that we could not cancel we would have to give them 1 month notice. When we gave them a month notice in June 2011 they informed us that it’s 3 months. We didn’t agree to it so we cancelled our direct debit. We were prepared to pay a month notice but not 3! We cannot find our contracts (years have passed!) but I do remember I was told it would be a month after initial year. They keep sending letters to us demanding money (£300). I believe there are unfair demanding 3 month especially that they had over 3 years of payments from us. Can they actually force us to pay? Ruin our credit score? Refer us to debt collectors? Have they done it to anyone?

BP11

hi,
have you heard from them since? We have cancelled our direct debit and they keep sending us letters demanding money or it will be referred to debt collectors. Have they done it to you?
thanks

yvonne13_2

OP, I can understand your anger. When they are selling you there membership they don't actually explain when happens if you want to cancel they just jump on you to sign and then they blame you for not reading the fine print and blame that on you. Then start getting mad at you if you cancel the DD and send you threatening letters.

One of my old bosses had passed away and the gym (not the one you have mentioned) sent a letter to his widow saying he didn't give 3 months notice, she sent them a copy of the death certificate and they said they still wanted there money. She pointed out that they had not stuck to the terms of the contract as it clearly stated that if the membership had not been used for 2 months they would contact you to find out the reason why. Albeit they dropped the matter quickly as she told them she would be going to the media

A lot of gyms are like that, that is why I do a pay as you go gym, therefore everyone knows where they stand.

Tangible

When I was a member of a gym I paid a lump sum for annual membership by cheque that enabled me to use it any time without charge. It wasn't that expensive and I knew that when it ended - it ended, and they didn't refuse receiving the cheque.

Times are hard for gyms, and I'm very fussy who gets my card details, as it's become far too tempting for companies to attempt to tie you in to schemes that last longer than you, as a client, want.

If the price is right - pay as you go or pay a lum sum. If I want a membership, I'll join the scouts.