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

wealdroam

K_P83 wrote: »

So what now?

As I see it you have two choices...

1) wait "for a short time while the closing process continues", or

2) write again reminding them that in your last letter you gave them ten days to come up with the money, and that the legal process will continue unabated. Head it letter before action. Spell out again what you want to happen and when.

Look at the thread entitled READ ME FIRST PLEASE . . . Useful links, Resources and FAQs for a sample LBA.

Nine_Lives

Hell fire reading some of that hurts my head!!

I did see this piece though:

Did you pay on a Visa debit or credit card?

A. If you paid with a Visa debit card for any amount, or Visa credit card for goods under £100, there's another step to try. It’s about taking advantage of the Visa Chargeback system, where your bank gets cash back from the company’s payment processing bank.

Unlike with credit cards, this isn't a legal protection, but a protection from Visa's own rules. It's designed so that if you pay for something, and that order isn't fulfilled, your bank can do a Chargeback from the bank that collected the payment.

You must do this within 120 days

The rules state you must complain within 120 days of realising there’s a problem (not from the date of the transaction). This means if you’re not able to start a Chargeback immediately, it’s very important to diarise the day you heard there was a problem, to ensure you start your claim before the deadline.

Read more about Visa Debit Chargeback.

I thought it was from the date of transaction (i.e. when i took the membership out last August). I didn't know it was from the date the gym shut down.
Still, i can't see it being as easy as walking in to Halifax, saying - can you sort me out with a chargeback & then walking out with my money.


I'm leaning towards option #2 there. Failing that, as all this legal stuff hurts my head, i may get in touch with a local solicitors to let them help out as a lot of this is over my head.

Nine_Lives

Hopefully you'll spot this before you sign off for the night -

does it HAVE to be via snail mail, or would email be just as good? Their letter includes both addresses (email & snail mail).


EDIT: Actually, come to think of it, it may be an idea to give them a bit of time. I'll give them next week - that's time enough IMO.

Out of interest, what would you do?

wealdroam

K_P83 wrote: »

Hopefully you'll spot this before you sign off for the night -

does it HAVE to be via snail mail, or would email be just as good? Their letter includes both addresses (email & snail mail).

You decide.

You said last time you were going to send both.

Do what you think best.

P.s. if you're going to get a solicitor involved, then your refund will vanish... and more!

Nine_Lives

With regards to last time - i was going to send the letter (which i did) & then follow it up about a week later with an email (didn't do this - they sent their letter to me).

It wasn't what's best, it was what's acceptable. If they're both acceptable, then it doesn't really matter. I didn't know whether email could be used when you get into legal issues like this. Stupid maybe, but i've never done this before.

The local solicitor who took their post off this thread said they charged £5 for the initial letter. I have no idea after that, but still, why would people use this solicitor if they were going to make a loss?

If i have to go at this myself, then i can see it now - small fish asking big fish for some money. Big fish eating little fish & saying how'd you like that then - in other words, i'll get nowhere. As i say, all the legal links & such like confuse the hell out of me. So when they reply with "go away now" i'm lost. Small claims court, but i don't know how to get the ball rolling, and to do it all properly. I read a bit into it & it even said take legal advice when taking on companies.

garethm001

Hi,

I joined Total Fitness Preston (Biggest Mistake) ever. I went for 3 days but couldn't use the facilities because most had broken. They first said everything has been fixed (it hasn't i have heard). They said they would suspend my membership, i told them to deal with my solicitor if they was not going to terminate my contract because basically they did not provide the service. They said they would call back for the details, then 4 months on I have a letter stating, pay 200 pounds and we will cancel your membership. The fact these dummies are allowed to get away with there contract which once signed it seems they "own" you for 12 months without providing a good service.

These are the basis points to where i want to Cancel my membership and also receive my money back.

1. Machines periodically broken in Gym, hard to get on one.
2. Steam room not working
3. Sauna - irritable itching and burning after use. Also Bulb blown and not re-placed.
4. Swimming pool, Dirty had to ask one of the guys to clean it, the response was "The cleaning machine is broken" by where the guy went and sat back down to twiddle his thumbs.
5. Swimming pool area was freezing, so cold we had to get out and leave.
6. Upper Gym level - hardly no staff (non existent) i´d hate to see anyone get injured.
7. One reason for getting a family membership was because on visits before hand in the smaller pool they had a "Splatt" rubber toy for the kids at 10:30. The following weeks it stopped being put in the pool, there was lots of kids waiting and other parents complaining. Spoke to the manager and he said it was not on the new timetable (fair enough) came the following week and left the children at home, and guess what its been put in. The following week came again with children - was told it was broken. As we was just leaving, they started to put it in.
8. Shower room, half the showers are cold, walking from the swimming pool area into through the changing room i might as well been in my swimming costume outside.
9. Human dirt on floor of toilet when went into changing room - went into gym came out and it was still there.
11. Weighing scale in changing room not working, its lit up and plugged in, put money in and it swallows it, asked for money back and told them they should just unplug it. Week after its plugged in again.. put more money in, money was swallowed again, told them about it again, it now has "out of order" on it.
12. Cafe area - one girl seemed to be cooking, serving, cleaning in-between. No salt sachets, one time run out of milk, other week no sugar.
13. Staff unfriendly - un-attentative, walk around like the world is going to end.

Nine_Lives

gareth - do you have the copy of the papers you signed?

On the back of mine, it says something like, if they can't provide the service, then they wont issue a refund. I can't remember the EXACT wording. To me it meant that if your bike is out of action then tough. However, if the whole centre shuts down, then it's a different matter. That was my understanding of the point anyhow.

System

garethm001 wrote: »

Hi,

I joined Total Fitness Preston (Biggest Mistake) ever. I went for 3 days but couldn't use the facilities because most had broken. They first said everything has been fixed (it hasn't i have heard). They said they would suspend my membership, i told them to deal with my solicitor if they was not going to terminate my contract because basically they did not provide the service. They said they would call back for the details, then 4 months on I have a letter stating, pay 200 pounds and we will cancel your membership. The fact these dummies are allowed to get away with there contract which once signed it seems they "own" you for 12 months without providing a good service.

These are the basis points to where i want to Cancel my membership and also receive my money back.

1. Machines periodically broken in Gym, hard to get on one.
2. Steam room not working
3. Sauna - irritable itching and burning after use. Also Bulb blown and not re-placed.
4. Swimming pool, Dirty had to ask one of the guys to clean it, the response was "The cleaning machine is broken" by where the guy went and sat back down to twiddle his thumbs.
5. Swimming pool area was freezing, so cold we had to get out and leave.
6. Upper Gym level - hardly no staff (non existent) i´d hate to see anyone get injured.
7. One reason for getting a family membership was because on visits before hand in the smaller pool they had a "Splatt" rubber toy for the kids at 10:30. The following weeks it stopped being put in the pool, there was lots of kids waiting and other parents complaining. Spoke to the manager and he said it was not on the new timetable (fair enough) came the following week and left the children at home, and guess what its been put in. The following week came again with children - was told it was broken. As we was just leaving, they started to put it in.
8. Shower room, half the showers are cold, walking from the swimming pool area into through the changing room i might as well been in my swimming costume outside.
9. Human dirt on floor of toilet when went into changing room - went into gym came out and it was still there.
11. Weighing scale in changing room not working, its lit up and plugged in, put money in and it swallows it, asked for money back and told them they should just unplug it. Week after its plugged in again.. put more money in, money was swallowed again, told them about it again, it now has "out of order" on it.
12. Cafe area - one girl seemed to be cooking, serving, cleaning in-between. No salt sachets, one time run out of milk, other week no sugar.
13. Staff unfriendly - un-attentative, walk around like the world is going to end.

i've probably misunderstood but you start off by saying you only went for 3 days but all your problems seem to be spread out over weeks of use? Plus while most of the things seem very irritating(and would annoy me) it seems like most of your complaints are quite petty e.g. no salt satchets in the canteen, scales in the changing room not working, a toy missing from the swimming pool etc.. I can't really see anything that will let you cancel the membership. Good luck though and you've convinced me not to join total fitness!

kyazdani

http://www.lancasterguardian.co.uk/news/business/total_fitness_fees_victory_1_3261874

Apparently they have stated paying out to the customers that are going through the Jobling and Knape solicitors who are acting on behalf of the majority of members that have come to them regarding this issue.

Has anyone else been successful in getting their refund? They owe me around £140!

victor_meldrewe

got my money back yesterday - refund through credit card company--but think they are still out of order as they deducted the payment for a full months membership --if i had ended the agreement it would have had to be with a months notice plus costs --- so it should work same way for us.

but 350 pounds is better than nothing --


Victor