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Help with Fitness First? Please

13

Comments

  • So much wrong here, and I hope that anyone here does not heed your advice



    It most certainly does if you wish to argue it from a legal standpoint


    Logic does not equal law. It might be good enough for you, but that's not good enough for a magistrate or lawyer



    Dear oh dear, that is the poorest of poor arguments. YOU made the claim. YOU need to back it up.

    I hope that anyone reading this thread and takes the above as "good advice" can see that he has made a claim which has had no backing at all, and the refute given is as simple as "Well, you prove I'm wrong then"

    Absolutely spot on.
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    " any contract that increases in price is an automatic get-out clause is simply wrong."

    Do you agree with this?

    "You are a bystander in this"

    As are you.

    "You effectively tell us that there is no get out from a price increase on a contract"

    I didn't say that. You said that ANY increase in ANY contract means you automatically can back out. I disagreed with your blanket statment.

    You made a "positive claim" (You can reject this contract), and I asked for a source. You, in return, asked me to prove a negative. That, as you know, is impossible. You made a claim, and I asked for proof of that claim. Your response was to say "Prove that it isn't so".

    So as the initiator in claims, please don't go down the "I won't provide a source until you do" route. I asked a simple question, and you have responded with anger and insults.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • squeaky
    squeaky Posts: 14,129 Forumite
    10,000 Posts Combo Breaker
    OK... Ofcom states here

    http://consumers.ofcom.org.uk/2011/01/can-a-telecoms-provider-change-the-terms-of-your-contract/


    Basically, yes you can cancel within a month of notification of change.


    But remember - this is all telecoms stuff.

    There's legislation about detrimental change to employment contracts, but I've seen nothing about clubs or gyms or other related situations.
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.
    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = £5.20 Apr £0.50
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Thank you for that Squeaky, but as you say that it an OFCOM regulation and not necessairly applicable to other contracts (as we've been offered no sources to suggest so)

    At the risk of going off on a tangent though, I'd be interested in knowing what legally consitutes "likely to be of material detriment" in the ofcom link above. We've had the 10% amount mentioned, but no source.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • squeaky
    squeaky Posts: 14,129 Forumite
    10,000 Posts Combo Breaker
    Haven't seen a source. I can't find sources anywhere. That last link for the OFT is the closest I've got to one.

    I'm not sure that quoting Ofcom to a health club is going to help much :)
    Hi, I'm a Board Guide on the Old Style and the Consumer Rights boards which means I'm a volunteer to help the boards run smoothly and can move and merge posts there. Board guides are not moderators and don't read every post. If you spot an inappropriate or illegal post then please report it to forumteam@moneysavingexpert.com. It is not part of my role to deal with reportable posts. Any views are mine and are not the official line of MoneySavingExpert.
    Never ascribe to malice that which is adequately explained by incompetence.
    DTFAC: Y.T.D = £5.20 Apr £0.50
  • halibut2209
    halibut2209 Posts: 4,250 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I have answered. I have told you you are not getting any.

    And that says it all. Too bad, so sad, bye bye.
    One important thing to remember is that when you get to the end of this sentence, you'll realise it's just my sig.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    And that says it all. Too bad, so sad, bye bye.
    Hopefully, OP will appreciate your input.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • dmg24
    dmg24 Posts: 33,920 Forumite
    10,000 Posts
    IndigoBlue wrote: »
    You can't provide a source because it's nonsense.

    Completely OT, but just wanted to say that I love your use of English. ;)
    mo786uk wrote: »
    Indeed, therefore if no specific price is mentioned you will have the chance to opt out if the price is too high. The term will be considered an unfair term and will prob be in violation of

    http://en.wikipedia.org/wiki/Unfair_Terms_in_Consumer_Contracts_Regulations_1999

    I would argue that if there is no specific price there is in fact no contract, as there cannot be consideration without certainty.

    I didn't read the OP's letter, but from what I can gather he is trying to get out of his contract due to a change in the terms and conditions. If this is the case, it needs to be determined whether there has been a fundamental breach or not. There is lots of case law on what constitutes a fundamental breach, that I don't have the energy to think about now!
    Gone ... or have I?
  • dmg24 wrote: »
    Completely OT, but just wanted to say that I love your use of English. ;)

    Do you mean to say you love my use of the English language? Not quite sure what you're on about here, friend,
  • mountainofdebt
    mountainofdebt Posts: 7,795 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Oh guys can we get back on topic and stop this p****ing contest?

    You're all getting wound up about whether the OP can cancel her contract because of the price increase when her issue is that the membership hasn't been transferred to her partner even though they've been told it had beem
    2014 Target;
    To overpay CC by £1,000.
    Overpayment to date : £310

    2nd Purse Challenge:
    £15.88 saved to date
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