Bannatyne's Taking Me To Court?!

Working_Parents_Justice

Hi everyone. I'm really worried and would be grateful for some advice, please.

I had a joint Bannatynes membership with my Mum and we used the gym regularly. My mum was diagnosed with breast cancer and require immediate surgery followed by debilitating chemotherapy. I wrote to Bannatynes and told them that I'd like to cancel my mums half of the membership, (I had no intention of cancelling my half). I also said that I was aware of their 3 month cancellation policy though I hoped they would agree that in these exceptionally compassionate circumstances, it would be appropriate for them to waive this cost as my mum would be physically unable to use any of the facilities.

I received a generic reply saying "in order to cancel half of a joint fee, 3 months notice is required. Pay up". I sent another letter asking them to show some compassion and reconsider bearing in mind that my mum was UNABLE to use any facilites and therefore would be paying £150 for something she couldn't possible have. I received another generic reply "thank you for your message. In order to cancel half a joint fee we require 3 months notice. Pay up".

Well I admit I was beyond frustrated as it appeared my personal reasons were being ignored since there was no acknowledgement of my resaons in their very cold and impersonal correspondance. I was busy worrying about my mum and essentially had more important things to do than fight with a gym. So I cancelled the direct debit for BOTH of us as I was so disgusted with their lack of compassion.

They kept sending me threatening letters telling me to pay up and I have ignored every one of them - not unlike the way they ignored my personal reasons for wanting to cancel HALF the membership. Most recent correpsondance gave me 7 days to pay £300 or they'll take me to court. I'm not backing down - I'm just too angry at them and too busy caring for my ill mother. Does anyone have any advice on how best to prepare for my court appearance?

thanks

meer53

Pay up, you signed the contract

If i were you, i'd pay up.

Do you really need the stress of a possible court case ? And the effect on your credit file for the next 6 years ? Is it really worth it ?

Terrysdelight

My other half had terrible trouble with this gym!

Sorry to hear about your mum, I do hope she will be OK.

If it was me, I would find out a senior directors name and write him a letter sending it recorded - signed for.

Tell him that you really thought that under the very bad circumstances discretion for cancellation would be granted and that if this matter does go to court, you will make sure the story is reported in the local paper.

Alternatively, you could ask to 'suspend' your mum's membership until she hopefully gets better.

Good luck in every way x

mattyprice4004

Pay up, you signed the contract

At the end of the day they're a business, and a contract was signed.

Circumstances won't come into it, although it's unfortunate the contract will still be valid. You need to pay up.

halibut2209

Your credit file would only be affected if they take you to court, you lose, AND then you refuse to pay.

EDIT: IGNORE THIS. IT'S A LOAD OF OLD SLOBLOCK

McKneff

Wouldnt the credit file be affected if Banaatynne sold the debt on to a debt collector, then it could be defaulted.
Credit trashed for 6 years.

OP, you really did the wrong thing in cancelling the direct debits.

While they were ignoring you it wasnt costing them any money, but by you ignoring them, well, its going to cost you dearly.

They didnt actually 'ignore' your reasons, they disregarded them as not a good enough reason not to pay. I do sympathise personally, but big business's dont.

Sorry but that's business.
And Im sorry about your mum.

Working_Parents_Justice

Stick to your guns, Bannatynes are morally wrong

Thanks everyone. I'm kind of expecting to be told to pay up since 'I signed the contract'. I'm just so disappointed and shocked at their cold-heartedness. It would've cost them nothing to say "sorry about your mums disease" but the replies I got were the most clinical, vague letters possible. As if they hadn't even read my letters. Maybe a judge will show more compassion!

halibut2209

Actually, ignore my previous comment. Any missed payments will already be on your file. I had my wrong head on. I apologise

SnowMan

Stick to your guns, Bannatynes are morally wrong

You could ring up the Citizens Advice Consumer Service on Monday for some advice. They may also refer you to your local Citizens Advice Bureau who might be able to write a letter on your behalf to Bannatynes.

What Bannatynes is doing is clearly repulsive from a moral perspective.

From a legal perspective your main argument may be that the term in the contract requiring you to continue to pay for your mother is an unfair term under the Unfair Terms in Consumer Contracts Regulations 1999. In a contract that has not been individually negotiated it may be seen as unfair for someone to be required to pay for gym membership when they obviously are not in a position to use the facilities.

Your main weapon may be the bad publicity you can create for Bannatynes.

Only you can decide whether you want to take this matter on at a time when you are caring for your mother, but if you decide to do so then fair play to you.

Good luck and hope your mum makes a speedy recovery.

McKneff

I really wouldnt rely on a judge. Going down that route will only cause you and your mum even more stress and more money down the drain.

Hope your mum recovers well.

bluenoseam

Sorry to say this, but it's not Bannatyne's problem if your Mum has to undergo chemo & can't use the gym, ultimately the contract is not voided as the result of a diagnosis. It's pretty cold & clinical, but ultimately it's all they have to be, they are under no legal obligation to cancel and are well within their rights to chase payment.

Plus doing so in such a manner saves any inconsistencies, they will give it to you straight regardless of the situation & means they can't be accused of anything other than being clinical.