Bannantynes Gym membership - threatened with County Court action

longtimelurkersam

Probably used it sometime in November/December when I first moved out West and then started to have the problems with parking at my flat so couldn't venture out in the car too late after work (gym too far to walk to which I know sounds like an oxymoron).

I already paid three months cancellation, they are saying the gym where I sent the cancellation to did not receive my cancellation and therefore the first notice received by the gym is 7th May and I should pay May, June and July.

So it all really hinges on whether a court would accept that the letter was sent on 10th Jan and whether I can take the risk of losing a days pay for the sake of my principles. I am guessing that their discount offer is a way to try and make me settle but it could also be an indication of then thinking they have a weakness in their case!

I think I will call them tomorrow to discuss as running out of time.

Herongull

If you need to give 3 month notice AND proof of posting/recorded delivery, then the gym contract should tell you to do this.

I assume that it didn't?

If you complied with the contract T&C as written, aren't they effectively be taking the risk of your letter getting lost in the post?

It doesn't seem that uncommon for cancellation letters to this gym to get lost in the post.

See:

http://www.consumeractiongroup.co.uk/forum/showthread.php?324073-Bannatyne-Cancellation-quot-not-received-my-letter-quot

http://www.consumeractiongroup.co.uk/forum/showthread.php?306167-Bannantynes-Gym-taking-me-to-court

http://www.consumeractiongroup.co.uk/forum/showthread.php?204875-Bannatyne-s-Gym-Cancellation

http://www.dooyoo.co.uk/sports-equipment/bannatynes-health-club/reviews/

http://www.qype.co.uk/place/1078606-Bannatynes-Health-Club-Rotherham

longtimelurkersam

Correct, it just says written notice with no indication of proof of posting/recorded deliverly. With hindsight I would have done this and for sure will do so in any future circumstances.

Surprise surprise to see so many other issues over non-receipt. Very £165 handy extra income!

The consumer action site has some interesting stuff on OFT and unfair contract terms. Whilst I think 3 months notice is excessive I did sign up for a contract and those terms are in it. That is not really the point I am fighting.

Herongull

Ballantynes are not the only gym chain with lots complaints about the contracts and problems with cancelling. The problem appears (or appeared) to be widespread.

The Office of Fair Trading launched an investigation earlier this year - see

http://www.guardian.co.uk/money/2012/jan/31/gym-contracts-oft-spotlight

http://www.moneysavingexpert.com/news/family/2012/02/oft-launches-investigation-into-gym-contracts

http://www.out-law.com/en/articles/2012/february/potential-unfair-gym-contracts-under-investigation-by-oft/

http://www.thisismoney.co.uk/money/news/article-2094308/Gyms-face-OFT-probe-complaints-contracts-unfairly-lock-customers.html

longtimelurkersam

Thanks for all your help. I spoke with membership services and actually got to speak to quite a pleasant lad who understood where I was coming from but was obviously there to debt collect etc advising that they felt they had a strong case and court action would follow.

If I was still an employee and all that I would be giving up to go to Court was a days paid holiday I would happily have done so and accepted that there was a chance I might lose, but that the additional costs for losing would not be that significant.

However that is no longer the case and I cannot justify losing a days income when the day rate I receive is somewhat generous and covers the requested money and then some.

I did manage to agree a settlement of 2 months rather than 3 which is not really a win in my eyes but as above the cost benefit analysis really did show that settlement was the sensible option.

So many people come on here for advice and never post back, so I thought I would just sign this one off. I do feel I have let the good advice of MSE down, but you have to know when the fight is worth it.
Sam
p.s on the upside the payment will be covered by the saving that I made from cancelling my TV licence as I found out on here that as I dont watch or record live TV anymore (not sure when I last did as I watched Olympic ceremonies a week after the event and didnt watch any events at home) that I actually do not need a TV licence. Fab news. Thanks MSE.