Harrassment at Gym

Mrs_C26

I have taken Hollyday's advice and called Head Office to obtain an update on the 'investigation.' Apparently it was completed this morning and they didn't have the decency to call me to tell me the outcome. Basically their answer is: they have spoken to the Personal Trainer who has denied everything (no surprise there) and they have suggested that the incident was a 'misunderstanding.' I have told them I have evidence that this was not the case (i.e. the texts) but they have said that they are not prepared to cancel my contract and have told me to use a different branch of Fitness First. I am outraged!
Next step: follow valli and blue_monkeys advice and send a letter cc'd to the CEO etc. Also, should I stop my direct debit payments?
Thanks so much for the encouragement to persist with this and for all of your advice.

Valli

I am under the impression OP (but please note not certain) that EVEN IF the personal trainer did have a LEGITIMATE reason to access your personal data (ie mobile number) and use it (ie for arranging a training session) he still should NOT have used it for personal reasons (ie to send smutty texts) as that would ahve been a breach of the data protection act.

I'm going to root round on this...

http://www.article12.org/pdf/data%20protection%20act%20your%20rights.pdf

that suggests that as your data was not used for its intended purpose then Fitness First have failed in their duty to protect, or more accurately properly use, your data

so something else to add to the letter.

hollydays

Absolutely agree with the above.Also,since when would an employee need to use their own phone?
Even if they were allowed to ring her,they would merely ask her to ring the gym,There was no need for him to use his own phone.What a shabby outfit!Are we saying this was correct procedure?
How can they do an investigation,without properly speaking to you and getting it in writing,then questioning him.They are doing a whitewash.Go higher.Obviously you have the texts.
I think you should not cancel your direct debits,because that could put you in a bad light,if you had to go to the civil court.It may be worthwhile speaking to consumer direct at this point for the correct procedure.Go get 'em.

A message to Fitness First-However you hope to try to blame the OP for this,or call her a liar,she has the texts,and your company hopefully will get taken to court,where she will produce them.That will not look good in the papers or on this forum when she updates it.Even if you sack the employee,there is no way this lady should be expected to continue to pay.She should be actually given compensation, a big bouquet of flowers,and a grovelling apology and home visit from senior staff.This is what a decent company would do!I hope the person who did this so called "investigation " gets the bullet.Hardly encourages females to join this gym,does it?

Also,when it's over,she can name the branch of FF too! Great for business!

Sambucus_Nigra

Mrs_C26 wrote: »

I have taken Hollyday's advice and called Head Office to obtain an update on the 'investigation.' Apparently it was completed this morning and they didn't have the decency to call me to tell me the outcome. Basically their answer is: they have spoken to the Personal Trainer who has denied everything (no surprise there) and they have suggested that the incident was a 'misunderstanding.' I have told them I have evidence that this was not the case (i.e. the texts) but they have said that they are not prepared to cancel my contract and have told me to use a different branch of Fitness First. I am outraged!
Next step: follow valli and blue_monkeys advice and send a letter cc'd to the CEO etc. Also, should I stop my direct debit payments?
Thanks so much for the encouragement to persist with this and for all of your advice.

Did you mention that your next step was to report the harassment to the police?

merlin68

Ring the Daily Mail, they love a story like this.

Equaliser123

nexus2011 wrote: »

Contact the police and tell them of all this.See a no win no fee solicitor and tell them you have been suffering mental stress and anxiety due to the harrassment and the company insisting you honour the contract.They will get nailed for breaking the data protection act.The police will also do a sex offender check.The Police will most likely just warn him but it will be logged on record with the police which is the most important thing.

I don't think there is one bit of your post which is factually or legally correct.

hollydays

The OP is doing perfectly well up to now,without resorting to the Press.But that may happen eventually.OP is being fair and professional and reasonable,while FF are not.

hollydays

yvonne13 wrote: »

Ok let me help you get out of this situation.

Cancel your DD and if you gave them another card cancel that to.

They will try and get your money no matter what. When they ring you to ask for the money tell them you sent a letter to head office (use the date when you first wrote/rang to complain) saying you were giving them 28 days written notice to cancel your membership. They will say they never got it and just say you have a copy on file and you can re-send it.

All you need to do is just write a letter and photocopy it don't forget to put the back date on it then send it to them, they will have to accept it as it is not your fault if they claim they never got the original letter.

I know this is wrong but its the only way to get out of your contract without then trying to get you on breach of contract.

p.s letters in the post go missing all the time, they will have a hard time proving your never sent it in the first place.

This is rubbish,apart from the fact it's dishonest,The OP could certainly discuss it with the Police,without reporting it,but consumer direct might advise you there too.

magentalady

Hollydays, the post you quoted appears to have disappeared - thank goodness, since it's a load of nonsense! Quite apart from the fact that it's completely dishonest, it wouldn't help in the slightest since 28 days written notice would make no difference here.

Mrs C26, I really don't mean to be offensive in saying this but it sounds to me from some of your posts like you have been a little timid in your dealings with FF. I know that it's not always easy to make a fuss but it kind of sounds like you have just been taking what they say on the phone and not really arguing with them. Apologies if I've completely got the wrong idea, that's just the impression I have got from reading your posts. I think that phonecalls, whether from you or your boyfriend, aren't really getting you anywhere, so you need to start putting everything in writing where you can't be dismissed before you even get to say anything. An email would do, I think.

hollydays

While the phone call hasn't worked,it is a good part of the ops arsenal when she recounts this incompetant companys actions so far.I have to say I would have grilled them mercilessly until they passed me on to someone higher,but the recounting of what happened on the phone is making them look like prats.
It cant be easy having been on the receiving end of that treatment,and still have to fight your corner-no woman ,or man,should have too
No doubt that call will be recounted to the ceo or similar.So we are seeing they are hopeless in every way.Buyer beware.