Bannatynes took me to County Court

ukk9

I have just returned from a day in Court as Bannatynes Fitness Ltd issued me with a County Court summons over non payment of my fees, here is the story and conclusion;

In March 2008 I joined one of the Bannatyne gyms. On the day of joining a member of their staff completed a direct debit mandate from the details of a cheque book I gave him. I paid my joining fee and the first months membership by cash.

Come April I receive a letter stating that my direct debit hadn't gone through because there was an error on the sort code. I phoned the gym, asked for details of which bank account I had elected to use (I have 5) and said that once they had given me the account number I could check the sort code and if it was wrong correct it or if it was correct, contact my bank to find out why the D/D hadn't been accepted. I was promised a phone call back - it never came - I assumed they had sorted the problem out - they hadn't and in May I received a letter saying I now owed 2 months and my membership was suspended and I wouldn't be allowed access to the club.

I phoned again, had the same conversation as before and asked for the details of what bank the D/D had been set up with and again promised a call back, however they wanted me to pay for the outstanding payments by credit card or some other means.

My thoughts were that they didn't seem particularly motivated to sort the problem out while I was owing them money, so they would have no motivation to sort it out if I didn't owe them money, so I refused stating that I had agreed to pay by direct debit, the cause of the error was their fault - sort out the problem and you will get paid.

I then received an invoice for the full years membership - remember at this point I was no longer allowed use of the facilities. I refused to pay but I did send several letters to the gym and Bannatynes head office as well as e-mails. I received a letter from head office stating that Bannatynes can't be held responsible for any errors on the direct debit mandate and I had to pay up or legal proceedings would follow.

I tried to point out that Bannatynes were responsible for the error, and that all I wanted was them to fax a copy of the D/D mandate to me or give me the bank account details and it would get sorted, but I had no intention of paying for something while I was banned from using the club.

Long story short - they issued proceedings and today we appeared in front of a judge.

Bannatynes argument was that I had signed up for 12 months membership and I had to pay for 12 months membership.

My defence was that it was their error that caused the initial problem, their lack of response that aggravated the problem and their banning me from the club that lead to proceedings. I argued that Bannatynes had contravened the BACS code (they manage the D/D system) that states the originator is responsible for resolving any problems you have with your direct debit and that they were in breach of the Supply of Goods & Service Act 1982 which states " In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill"

the judge took the view that when I signed the agreement I was contracted to pay Bannatynes of a minimum of 12 months and that no matter what else had happened, they were within their rights to demand payment for that period, however, he also stated that it was clear that Bannatynes had contributed to the problem with their poor customer care and so he awarded them payment of 50% of the sum demanded (six months in other words) and I had to pay costs but he refused to grant them interest at 8% for the last 2 years.

The bottom line is I won a small victory in that it cost me considerably less than had I paid up when they (Bannatynes) demanded but I also feel that I have stood up for the principle that we as consumers have a right to quality customer care.

Bannatynes have lost 50% of their claim, lost a customer and if I have my way, lost lots more customers as I would never recommend anyone joins an organisation with such shabby customer services and lack of understanding.

dinglebert

Sorry but surely you lost as you had to pay them 6 months membership, the joining fee and the firth month in cash as well as costs and in return got no service from the Gym you joined. You could have easily set up another direct debit with them if you had wanted to. Having to pay a large sum of money for no service seem a bit of a hollow victory.

Takoda

So you paid for 6 months gym use and you only used it for 2 months and you still think you won! :rotfl::rotfl::rotfl:

I've got a bridge I'd like to sell you - it is in London! Famous landmark and yours for only 5 grand. Cash only though - don't want to have to take you to court! :rotfl:

OnTheUp_2-2

I, even if others dont, see where your coming from. It is still a partial victory as had you not of fought it to court you would have had to pay considerably more.

I think others are being a little short sighted

:T well done for sticking up for your self

trumpton

If he'd paid up what they demanded it would have cost him twice as much, wouldn't it? Thanks for posting your experience. I am put off gyms in general by the whole thing about minimum membership and dodgy terms and conditions. I think there have been a few complaints about Bannatynes on here.

tripled

Personally I'd be quite pleased they didn't give out my bank details over the phone, although that doesn't excuse the poor service.

Pound

If you won, how come you're the one writing a cheque?

OnTheUp_2-2

Pound wrote: »

If you won, how come you're the one writing a cheque?

It helps to read the full post

Laz123

I don't like you, I don't like your family and I don't like your friends, so I declare myself Owt!

Optimist

I find this somewhat confusing. The OP has stated that they phoned the gym on several occasions but if they were actually using the gym why not just pop in and sort it out when the problem came to light in one of their trips for a work out.

missile

I don't understand this at all. If OP enjoyed being a member, why not complete another DD mandate on one of their visits to the gym?

Even if it was their mistake. It seems like OP was deliberately obstructive and trying to avoid paying for the service provided? Some may say good luck, well done for putting one over on Bannantynes. However, someone has to pay and the costs for lost revenue / court will be passed on to other members.