Golf Club Fee Dispute

ValHaller

Alibab2001 wrote: »

Thanks for this. I do appreciate the difficulty with the weather last year. I think the reason I feel so strongly is that the club has USGA specification greens, which should mean that they provided relatively good surfaces and are playable all year round (USGA spec greens should drain faster than clay based greens). However the the greens have frequently been waterlogged, have required very frequent aeration treatment (very much more than normal) and have certainly got progressively worse over the period of my membership. There is another course in the same area with USGA specification green, and these are in far superior condition, even though the memberships rates are significantly less.

To an extent this is where I agree with arcon - it would have been good, I think, to see if constructive complaint was able to get the issue resolved. That might have got you to a position where you could have resigned and got some of your year's fee back. But the entrance fee I am convinced is a bridge too far.

Alibab2001

ThumbRemote wrote: »

Is the golf club a licensed provider of credit?

If not, surely any monies to be paid after the contract is terminated are simply penalty clauses, and unenforceable.

The club is not a licensed provider of credit as far as I am aware.

Alibab2001

ValHaller wrote: »

And I would bet that the club rule book describes it in terms which put it outside the reach of anticipatory breach of contract or penalty.

As before, Im not sure on this as the club are refusing to provide any documentation whatsoever with regards and contracts/application forms/terms and conditions - just point blank refused.

ValHaller

Alibab2001 wrote: »

As before, Im not sure on this as the club are refusing to provide any documentation whatsoever with regards and contracts/application forms/terms and conditions - just point blank refused.

Do you have a copy of your request in writing? Their refusal actually puts them on the back foot. If you have only asked by phone, you need to write and say that you will pay what they can demonstrate you owe from your list of documents and ask them to forward these.

If they take this to court, you can ask for these again and make the point that they were refused.

Lifes_Grand_Plan

ValHaller wrote: »

Do you have a copy of your request in writing? Their refusal actually puts them on the back foot. If you have only asked by phone, you need to write and say that you will pay what they can demonstrate you owe from your list of documents and ask them to forward these.

If they take this to court, you can ask for these again and make the point that they were refused.

Good shout.... if the OP genuinely owes the money then why would the club not provide the paperwork.

OP, you should be careful in your letter to them to explain that you will happily pay any fees immediately on proof that you owe them.

If they don't provide the proof but instead take it to court then they look like the awkward ones for failing to provide basic documentation.

Hintza

Buyers remorse here. No understanding of how the weather affected the course. The grass is always greener on the other side!

What you are trying to do is weasel out of your agreement, just pay the money before you discover you are black balled from all your local clubs.

Alibab2001

Lifes_Grand_Plan wrote: »

Good shout.... if the OP genuinely owes the money then why would the club not provide the paperwork.

OP, you should be careful in your letter to them to explain that you will happily pay any fees immediately on proof that you owe them.

If they don't provide the proof but instead take it to court then they look like the awkward ones for failing to provide basic documentation.

I have written to them yes. I will write again asking for the breakdown of the debt (as yet they have just quoted a total figure at me) and state that I will happily pay any fees immediately on proof that I owe them as suggested.

thanks again

Fire_Fox

Alibab2001 wrote: »

Thanks for this. I do appreciate the difficulty with the weather last year. I think the reason I feel so strongly is that the club has USGA specification greens, which should mean that they provided relatively good surfaces and are playable all year round (USGA spec greens should drain faster than clay based greens). However the the greens have frequently been waterlogged, have required very frequent aeration treatment (very much more than normal) and have certainly got progressively worse over the period of my membership. There is another course in the same area with USGA specification green, and these are in far superior condition, even though the memberships rates are significantly less.

Don't you have a copy of the contract you signed? Have you been writing to express your concerns about the state of the green?

You don't seem to appreciate the difficulty with the weather - it's been the second wettest YEAR on record, the water table is incredibly high in many parts of the country. Prior to that we have had a series of either bad winters or bad summers or both
http://www.bbc.co.uk/news/science-environment-20898656

No club can guarantee anything other than to do their best which it sounds like they have by aerating more frequently. However if the bedrock is completely sodden there is nowhere for the water to drain to. Draining fastER means it should be LESS waterlogged than clay greens not never waterlogged, it's a comparison not an absolute - as you say 'relatively'. The other club may be situated on higher ground or be on a different sub layer.