bannatynes!!

Mimi_Arc_en_ciel

soo annoyed right now

Joined bannatynes last year, explained i had a bad back, gave physio details etc. Personal Trainer injured my back, Doctor fired off a letter saying that i was not to use their gym and that they had put my physio back. Bannatynes responded i was still in contract as doctor couldnt put that i couldnt use the sauna

Anyway, feb this year i sent a letter to head office, with a copy of doctors letter and told them that come Oct I will be cancelling my direct debit etc - Spoke to them on the phone, all ok.

Fast forward to sept

I rang Bannatynes - stupid me! - to remind them i was cancelling direct debit

Now saying they have know knowledge - They can see ive never been abck to the gym but refuse point blank they havent recieved letters - I took a copy into the gym, and sent one to HO recorded so i KNOW they have them.

Bannatynes insisting i pay 3 months notice - I'm refusing.

Because they are getting shirty with me, I have asked for copies of their insurance and the trainers qualifications (which they have refused under "data protection" - i knew they would) so i've now fired back that as they have lost the letters i origionally sent in - dr's letter had my full name, address, NHS number, DOB etc then surley they themselves are in breech of data protection

bit of ho humming.

They're adament im to pay 3 months - regardless that they was told on feb i was leaving :mad:

Any help anyone?

(sorry if this makes no sense - am ranting!)

x

Timalay

Well first thing I would do is dig up the paperwork for the recorded delivery, that would show them proof that they had a letter sent to them and they received it.

Mimi_Arc_en_ciel

already done but ty

faithcecilia

Do you know your trainers full name? Most of the gyms I have come across whilst looking for a job use REPS for their insurance, so maybe try searching for the name on their website? It will show qualifications too if they are insured through them. A personal trainer should be at least level 3, a studio/ gym floor instructor level 2.

Gers

mommyme wrote: »

Because they are getting shirty with me, I have asked for copies of their insurance and the trainers qualifications (which they have refused under "data protection" - i knew they would) s

DPA wouldn't cover qualifications! You're entitled to ask for the quals of anyone offering a professionally qualified service - most reputable places will have a copy in their files for HSe reasons. Don't be fobbed off on this one!

The information about REPS is true/

Mimi_Arc_en_ciel

quick update - since posting this ive had a call from Head Office, They are cancelling my contract with immediate effect

sookipeaspud

Dragons pen own this company. I think its the fat blonde woman with failing companies but Im not sure. Could be that fella who also owns the laundrette in Eastenders

cheers

faithcecilia

sookipeaspud wrote: »

Dragons pen own this company. I think its the fat blonde woman with failing companies but Im not sure. Could be that fella who also owns the laundrette in Eastenders

cheers

Think it might be Duncan Bannatyne...just a guess;)

Undisputedtruth

Sorry to read about the problems with Bannatyne, Mommyre. You have done well.

Shall we start a thread where we can discuss best practice in dealing with companies such as Bannatyne?

By equiping members with useful information such as County Court procedures, tactics in dealing with threatening letters and unfair contracts then surely these companies would have to change their policies and give a commitment to customer care.

Please let me know what you think?

Undisputedtruth

Hi Mommym,

I think you can make life even more difficult for Bannatyne by putting in an indemnity claim since you've paid by direct debits and recall all payments you paid to them. Bannatyne will then say you have breached their contract and invoice you for the outstanding amount. You could argue case by saying that Bannatyne had breached your trust on health and safety grounds thus breaching the contract. Remember a contract is an agreement between two or more parties with an obligation to fulfil the terms and conditions. Now if the contract is weighted against the consumer then it may be considered as an unfair contract and not enforceable in a court of law. Worth getting legal advice on this first.

If the total debt is less than £5000 then it's likely to be dealt with by the small claims court. If you lose the case then you only pay the court fee set at 10 per cent of the amount outstanding. You would not be oblige to pay the other person's legal fees unless you acted recklessly and there are set limits for personal expenses £50 and witness expenses £100.

Further information about the small claims court can be found on this link http://www.hmcourts-service.gov.uk/news/forms/docs/ex301_0406.pdf

Undisputedtruth

Widelats

Bannatynes is run by a money merchant, they could not care less about your health they just want your cash. If you join a gym in future research them first i think, and ask for the personal trainers qualifications (preferably CYQ level 3) there are others but this is the main qualification.