Bannantynes Gym membership - threatened with County Court action

longtimelurkersam

hi there, new to this board and hope I am in the right area....

Background:
November 2005 - joined gym

November 2012 - moved across the country and whilst there is a branch in the new city it is not very convenient (see my parking issues in other posts).

10/1/12 - post letter confirming wish to cancel with last payment being made on 1st April (Feb, March and April payments) due to their unreasonable notice period which states:

"the member may cancel the membership by giving three months written notice to terminate the membership"

1/5/12 - DD debit taken. (stupidly forgot to cancel DD)

7/5/12 - write enclosing copy of my letter and ask them to refund the DD (and cancel DD at the sametime)

1/6/12 - bank notify me that gym tried to collect payment (statements show no refund)

16/7/12 - write to gym noting May still not been refunded and still trying to collect DD from my account.

19/7/12 - gym write to me enclosing a copy of their letter (25/5/12 - never received by me) stating that they have no record of my cancellation and if I can provide a recorded delivery recipt or a receipt from the club they will look into the matter.

Letter looks like a standard letter but with a couple of badly worded sentences added by I guess a manager saying "had I recieved this I would have wrote to you".

22/7/12 - I write advising first time seen 25th May letter and asked them to thorougly review their incoming and outbound post processes as they have lost my letter of 10th Jan and their letter of 25th of May clearly did not make it out of the office.

I expressed my concern over the convenience of them having not received my cancellation letter and explained that I have complied with the terms of my notice period, ie I have provided written notice to cancel.

I also explained that as my bank had refunded the May's payment no further monies were owed by the gym and this I expected to be the end of the matter.

6/8/12 - invoice received. (now on head office headed paper for £165 representing 3 months)

7/9/12 - without prejudice letter from head office (received 15th Sept as have postal redirect on)
Unless payment made in 14 days will pass to our Courts Dept who will prepare to recover through County Court.
Please contact us, if payment made in 14 days 20% discount offered.

That is the history so far......

Now I was not aware of any need to get proof of posting (this forum has since taught me a LOT) and having cancelled other gym memberships over the years never had any issue with notifying in this manner. I KNOW I put a stamp on this letter and posted it in the post box as I rarely send any letters these days, but I cannot actually prove this.

Can anyone advise:
- what are chances of this actually going to court (I suspect high as this firm is renowned for its unpleasant behaviours to customers)
- what are realistic chances of winning/losing based on no actual proof of posting on my part :mad:
- the head office is in Darlington. If this does go to County Court which court will it be held in? Local to the head office? Local to the gym where contract was signed? Local to where I am currently living? ie can I request a certain court?
- do I have to actually appear in person to defend the case?

I really do want to fight this as feel I am being taken for a ride, but as a contractor I only get paid for the days I work and well the lost fees to have my day in court means it would be financially sensible to settle now despite this going completely against the grain of what I feel is right.

If I can fight it on paper and present a defence remotely what are the likley additional costs if I lose?

Thoughts much appreciated.
Sam
ps apologies for length....

mattyprice4004

What does the original contract you received say about cancellation?

If it says you have to give 3 months notice, then that's what you'll have to give and pay accordingly. You signed the contract, if you weren't happy with the terms when reading it you should have found another gym with different terms.

globetraveller

mattyprice4004 wrote: »

What does the original contract you received say about cancellation?

If it says you have to give 3 months notice, then that's what you'll have to give and pay accordingly. You signed the contract, if you weren't happy with the terms when reading it you should have found another gym with different terms.

??? The whole point of this thread is that 3 months notice WAS given

longtimelurkersam

Hi, yes I gave three months notice. They are saying they never received the notice and hence effectivley making me pay 6 months notice!

molerat

Write them a letter stating all above and say that you will strongly defend your case in court. All you have to lose is the amount they are asking for. You can ask for the case to be transferred to your local court so it could cost them more than they would get back and may "review" your case..

longtimelurkersam

molerat wrote: »

Write them a letter stating all above and say that you will strongly defend your case in court. All you have to lose is the amount they are asking for. You can ask for the case to be transferred to your local court so it could cost them more than they would get back and may "review" your case..

Thanks, I would indeed try to do this. Am I correct in thinking that I have to actually attend court? This might seem a bit of a daft question as I am pretty sure I know the answer is YES, but I suspect the courts don't give you a nice hour slot and you have to attend for the whole day? IF I win I beleive I can only claim minimal costs.

visidigi

quick question.

3 months notice - whats the minimum term of the contract or is there no minimum term and you can cancel with three months notice at any time?

The onus is on you to ensure the post is delivered to the gym - its is not up to them to prove it didn't arrive.

If this does go to court, which is likely as you broke the contract you signed I wouldn't rate your chances of success...

molerat

Civil courts work on the balance of probabilities so if the op lays everything out as in the op I believe he stands a fair chance.

longtimelurkersam

minimum period is 9 months, but you will notice I had been a member 7 years! Absoulutely no flexibility being applied.

unholyangel

I think personally even if they took you to court and won, they wouldnt be awarded the 3 months.

When was the last time you actually used the gym? What exactly does your contract state about cancellation period and monies due for it?

Is it the actual gym who didnt receive the cancellation letter or is it their collections department?

mattyprice4004

Stupid moment, sorry - I misread.

In this case I think you'd win in court on balance of probabilities - you wouldn't go through all that just to cover up you not sending a letter that you did send.

They'd settle well before court anyway. Good luck, you'll be fine.