We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

Fitness First CVA - Can I cancel?

Apologies if this isn't in the right place, this is my first forum post :)

I had a letter over the weekend from Fitness First and KMPG stating that they are now in a CVA. The letter from KMPG stated that as a member I am classed as a 'creditor'.

I don't particularly want to keep on paying a monthly membership to a company in this level of financial difficulty but I am also tied into a 12 month contract for another six months.

Does anyone know whether I have the right to cancel my membership on the basis of the company's new arrangements?

Many thanks in advance.
«13

Comments

  • brettcta
    brettcta Posts: 4,693 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    i got the same letter.

    why don't you want to keep paying for your membership, regardless of the company's financial status? is your gym still open? is it still providing the service for which you signed up for?

    if both of these answers are yes: you're unlikely to get out of your contract.

    my gym's being sold off by fitness first. however, given that it's £12/month with no contract, i'm not likely to be jumping ship any time soon unless it's closed or sold & the prices are hiked up.
    helpful tips
    it's spelt d-e-f-i-n-i-t-e-l-y
    there - 'in or at that place'
    their - 'owned by them'
    they're - 'they are'
    it's bought not brought (i just bought my chicken a suit from that new shop for £6.34)
  • Finn15
    Finn15 Posts: 5 Forumite
    Thanks for the reply.

    My main concern is that the gym will suddenly close with no warning - my membership a central London one and costs £48 a month. I just don't want to find the rug pulled from under me and they've got my money.

    My gym is still open and offers exactly the same services though, that hasn't changed. I may be worrying unnecessarily!
  • bod1467
    bod1467 Posts: 15,214 Forumite
    Hi, can we help? Please forward any CVA related queries to cvaquestions@fitnessfirst.com. Thanks

    Quoted before deletion. ;)

    Companies need MSE permision to post in an official capacity. You could be anyone. :D
  • wealdroam
    wealdroam Posts: 19,181 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Hi, can we help? Please forward any CVA related queries to [EMAIL="cvaquestions@fitnessfirst.com"]cvaquestions@fitnessfirst.com[/EMAIL]. Thanks
    I am sure you can.

    Perhaps by answering the question posed in the original post, which was...
    Does anyone know whether I have the right to cancel my membership on the basis of the company's new arrangements?
    If you were to answer in the thread, rather than by email, that knowledge would then be available for all people with the same query to see.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    brettcta wrote: »
    .

    my gym's being sold off by fitness first. however, given that it's £12/month with no contract, i'm not likely to be jumping ship any time soon unless it's closed or sold & the prices are hiked up.

    How did you get it do cheap? Or is it just literally a gym facility and nothing else?
  • brettcta
    brettcta Posts: 4,693 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    arcon5 wrote: »
    How did you get it do cheap? Or is it just literally a gym facility and nothing else?

    http://www.klickfitness.com/

    they turned the sauna & the expensive stuff off and just made it a gym, which is what i want
    helpful tips
    it's spelt d-e-f-i-n-i-t-e-l-y
    there - 'in or at that place'
    their - 'owned by them'
    they're - 'they are'
    it's bought not brought (i just bought my chicken a suit from that new shop for £6.34)
  • Rick_E
    Rick_E Posts: 7 Forumite
    I was actually going to make a post about this Fitness First situation myself.

    I'm not looking to leave like the OP, however I'm on a contract with my local Fitness First for another year and a half and the KPMG letter stated they intend to sell it.

    The letter itself though is extremely vague and offers little information about the consequences.

    If they can't sell the gym, will they simply shut it down?

    If they sell the gym to another company, do I then loose the ability to use other Fitness First gyms? After all this is part of what I also pay more for in my contract.

    If its sold to a company who cut the facilities such as sauna, steam room, classes etc and they cut the price to a no thrills gym... am I going to continue to be charged what I am now, when I'm getting a lesser service?

    Or if they sell it, do I continue to be a Fitness First member, however I no longer have a gym local to me owned by them? In which case, surely it's a breach of contract? As I'd rather just get out and take out a membership with somebody who is local to me, such as Virgin or a local Independent.
  • bris
    bris Posts: 10,548 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Any significant chage to the contract would be considered a breach of contract, and as such could be terminated. As it stands, ownership has no bearing on the contract so will still need to be honoured.
    If the gym does shut then the contract is in breach and I would stop any payments to them. You may have to look at the contract to see if it states that if your gym closes then you need to use another with x amount of miles, but this may be classed as an unfair term that could be challenged.
  • Finn15
    Finn15 Posts: 5 Forumite
    I emailed them yesterday and got a reply in minutes....get the feeling customer retention is top of their list right now.
    They've said that as my home gym is not being sold/changing then their terms and conditions are still valid and my contract remains.
    They did go on to ask if I had any issues with my gym or if there were any ways they could improve, so kudos to them for a bit of customer service; considering I'm tied to my contract their attitude could have easily been "tough luck".

    I'll just keep an eye on everything for now, hopefully nothing will change.
  • Rick_E
    Rick_E Posts: 7 Forumite
    Well I had a look at what the terms in my contract actually say.

    Should my home gym actually close, I believe this should mean I can leave:

    3.11 We may terminate your membership with immediate effect if your Home club permanently ceases operation. We will provide a pro rata refund for membership fees paid in respect of an period after the termination date.


    This section however does seem to state that they can give the contract to a new owner if they sell to another gym:

    4.4 We may assign or transfer the benefit of this contract or sub-contract our obligations under it, to any other legal entity at any time without notice to you. Except as permitted by this clause, the Contracts (Rights of Third Parties) Act 1999 are excluded.

    There doesn't appear to be anything in there about having to use other Fitness First gyms because it's all based on your 'Home Gym'.

    I guess it's probably worth me e-mailing that address to see what they say also.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 346.5K Banking & Borrowing
  • 251.3K Reduce Debt & Boost Income
  • 451.3K Spending & Discounts
  • 238.7K Work, Benefits & Business
  • 614.1K Mortgages, Homes & Bills
  • 174.7K Life & Family
  • 251.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.