Lancaster Total Fitness Shut Down - how do we get membership refunded?

Nine_Lives

I live at home with my folks, so there's no room tbh. If i had my own place, it'd be considered. Thing is, i bought a load of weights for use in the gym but i barely use them. When i get home i just want to relax. It's odd. If i drive on to the gym, i'm pumped ready to work out properly, yet if i stay at home i know i couldn't be bothered to do any of it.

Had contact back from other places, but not positive - too expensive, not enough machines etc.

Nine_Lives

Can anyone answer my question to wealdroam?

What happens when TF ignore your request for a refund or say they're not going to give you one?

From what i've read, they're not offering refunds to anyone. I've just read the back of my contract & this pointer seems to cover the issue:

9.4 Miscellaneous

Total Fitness reserves the right to alter, change, add to, reduce or cease various Facilities and to utilise the Facilities for special events, private parties, seminars, tournoments & other activities. Compensation will not be given for such closures and the Member may as permitted under the Contract use the facilities of another club during such period.

Would this apply to a total closure (that compensation will not be given)?

bentim

You lot are REALLY getting me worried.I have just joined TF in Willerby,Hull and paid a year in advance having learnt that there had been a management buyout a year before.I assumed this would make it a more secure proposition.Now I'm not so sure.You do realise you are starting a NATIONWIDE PANIC!!!!

A really good gym,though,which suits me perfectly especially it's opening at 0630hrs.

I really hope:-A. You all get satisfaction and your money back (I detest being ripped off) and
B.MY TF DOES NOT CLOSE!!!
Bernie.

wealdroam

K_P83 wrote: »

Can anyone answer my question to wealdroam?

What happens when TF ignore your request for a refund or say they're not going to give you one?

Yes, I'll answer that.
You then start the legal process to recover your money.
A letter before action is the start of that process, followed by Small Claims Court if necessary.
Have a look at MSE's Consumer Rights article... lots of info in there.

Of course there is much more information all in one place... READ ME FIRST PLEASE . . . Useful links, Resources and FAQs thread.

K_P83 wrote: »

From what i've read, they're not offering refunds to anyone. I've just read the back of my contract & this pointer seems to cover the issue:

9.4 Miscellaneous

Total Fitness reserves the right to alter, change, add to, reduce or cease various Facilities and to utilise the Facilities for special events, private parties, seminars, tournoments & other activities. Compensation will not be given for such closures and the Member may as permitted under the Contract use the facilities of another club during such period.

Would this apply to a total closure (that compensation will not be given)?

I mentioned this term in post #7, and hinted that that was probably an unfair term.

In post #30 you were offered a sample letter to write to them.
Have you done that yet?
It really is very important to get things moving quickly. You want to get your refund before everyone jumps ship and the company becomes unable to pay. Not saying that that is going to happen, but sooner the better imho.

squeaky

Seconded, thirded and fourthed.

Get in quick and do it by email or snail mail (not phone) so that you can keep full records in case of need.

Wealdroam's advice is well worth following. Today would be good!

Nine_Lives

Sorry, i've had a lot on at the moment. I know this is no excuse, but that's why i've not got round to penning a letter until now.

I don't have a membership number, but i do have the copy of my contract which i would photocopy & attach to the letter. Please read over what i have come up with & tell me what you think. Can i tweak it or not? Am i correct in my figures or not?

Here's what i came up with:

Dear Sir/Madam,

I write to you regarding the recent closure of the Lancaster Total Fitness branch.
I understand the reasons behind the closure, and also that memberships are transferable to the nearest Total Fitness in Preston (some 19.3 miles away) and also VVV in Hest Bank (some 9.2 mile away through heavy traffic). The Lancaster Total Fitness was 8.0 mile away with virtually the whole journey from my house being via motorway.
While I appreciate this help from Total Fitness, it is, however of no use to me as these places are simply too far to travel. The letter I received from Total Fitness said that the transfer to these other gyms would be at no extra cost to myself. This however is untrue.

To drive to Lancaster Total Fitness and then back home, based on fuel costing £1.35.9 per litre would cost me approximately £2.47, largely helped by the fact the majority of the drive is on the motorway (M6 J33 to M6 J34).
To drive to Preston Total Fitness and then back home, again based on the same fuel price, would cost me approximately £6.62, an increase of £4.15 on one journey alone.
To drive to VVV in Hest Bank and then back home, again based on the same fuel price, would cost me approximately £3.39, an increase of £0.92 on one journey alone.
As I was attending four days a week, this would be an increase of £16.60 per week for Preston Total Fitness and £3.68 per week for VVV, Hest Bank.

So transferring to other gyms would be at an increased cost to myself, and quite simply one I cannot afford. I appreciate you would understand this predicament, based on your negotiations with the Lancaster landlord, who was asking for a fee you were unable to afford.

I paid for 12 months at a cost of £348 on 30th August 2010. I would like to be refunded the sum of £153.92. I have come to this figure by the following:
The Lancaster branch was shut down on 15th March 2011, which means a day short of 24 weeks. I would be happy with 23 weeks refund.
As there are 52 weeks in a year and I paid for the year, I divided the sum £348 by 52 which gave me the weekly cost of £6.69. I am owed almost 24 weeks in membership that I am unable to use, but I would be happy with the 23 full weeks of membership which I am unable to use. I then multiplied the £6.69 weekly fee by 23 (weeks) which gives £153.92.

I would like to receive a cheque for the above amount to my home address within 10 days, otherwise I will have no choice but to seek legal advice.

wealdroam

Well if I were to write a letter, it would be much shorter and more to the point...

Dear Sir/Madam,

I write to you regarding the recent closure of the Lancaster Total Fitness branch.

I paid for 12 months at a cost of £348 on 30th August 2010. I expect to be refunded the sum of £153.41. I have come to this figure as follows:

The Lancaster branch was shut down on 15th March 2011, which means a day short of 24 weeks. I would be happy with 23 weeks refund.

Weekly cost =£348 / 365 * 7 = £6.67.

Therefore 23 weeks = £6.67 * 23 = £153.41.

Please send a cheque for the above amount to my home address within 10 days, otherwise I will have no choice but to take further action to recover my money.

I note that you have made some alternative gym arrangements, but for various reasons none of these are suitable for me.

Yours etc..

Nine_Lives

Thanks for that. I did quite well at English at school, however there was a section where you had to take a passage & summarise it - i always struggled with this part as i would always waffle on lol.

I'll get one fired off via email as it's instant & i'll also send via snail mail tomorrow by 1st class recorded.

Nine_Lives

Just penned it up, enveloped it up & ready to go.

Was reading into the small claims & it doesn't sound too good. I could end up paying out more than i'm owed just to TRY and get back what i'm owed. TF are a big company & will no doubt bank on me giving in as i'm just a small fish. £150 is nothing to them and they know it. £150 is a lot to me & they'll be banking on this too - that i don't want to risk paying more than the £150 just trying to get the £150

I think all i can do is hope they play ball first time.

wealdroam

K_P83 wrote: »

Was reading into the small claims & it doesn't sound too good. I could end up paying out more than i'm owed just to TRY and get back what i'm owed.

How do you work that out?

Page two of this HMCourts document tells us that the fee for your claim would be £25.00 if done online.

That fee gets added to your claim from the other party when you win.

There are no other fees. Very simple process.

But anyway, you are right £150 is nothing to them... they'll probably pay up without court.