Mis-sold gym membership

lantro

Hi, not sure if this is the right forum for this so please move if needed.

I joined the gym about three years ago with my partner. We knew we could get a company discount so we visited the gym and asked them about it. They said they had an even better offer on than the company discount could offer that came with a few personal trainer sessions so we both signed up.

Recently we got a letter saying our membership was going up by quite a bit but we realised the amounts on the letter were less than what we were paying. We called up and found we've both been paying for some 'bring a buddy' add on that we were not aware of. We've never of course used this service and when we joined the gym we'd not long since moved to the area so didn't even know anyone locally that we'd want to take, other than each other of course and then we'd have only needed one membership.

We called up and asked on the phone about it. They have no removed the service but they said we'd have singed a contact for it but neither of us remember anything about that. We've both been paying £7.50 extra a month for the last three years, do we have any entitlement to claim this back?

Many thanks.

bris

Stopped reading after 3 years ago, a bit late now to claim mis sold.

paddyrg

It would be upto the gym's goodwill to make redress - however if you make a fuss they may do something. As they're notoriously poor at anything that costs them money/reduces their income, think of things you could ask for that cost them nothing - extra classes, free day membership tickets for friends, etc. Make enough of a fuss, get some ideas of what joining the competition would cost, give them a chance to retain you.

unholyangel

When you say youve been paying an extra £7.50, do you mean that (for instance) your contract states £35 and you've been paying £42.50? Or that your contract states £40 and you've been paying 40?

In other words, was the price you agreed to the price you've been paying?

lantro

We agreed the price because we were told it was the cheapest deal, we were not aware we were paying £7.50 more each month than the standard gym membership. We were paying £35.50 where as we could have had membership for £28 that they didn't tell us about. They've since put all member ship up by £10 but we've managed to cancel the add on so are now paying £38.
Just like the PPI scandal we were sold a service we didn't need and weren't in a position to ever use it.

bluenoseam

lantro wrote: »

We agreed the price because we were told it was the cheapest deal, we were not aware we were paying £7.50 more each month than the standard gym membership. We were paying £35.50 where as we could have had membership for £28 that they didn't tell us about. They've since put all member ship up by £10 but we've managed to cancel the add on so are now paying £38.
Just like the PPI scandal we were sold a service we didn't need and weren't in a position to ever use it.

It's your duty before you sign any contract to be aware of the terms & conditions which you are signing to - you didn't read it, your screw up.

fluffnutter

It's not really clear whether you signed a contract, nor what that contract says. Can you clarify? 'neither of us remember anything about that' doesn't really cut it, I'm afraid. When handing cash over every month for the foreseeable future, you're a numpty if you don't sign a contract, read that contract and retain a copy somewhere safe.

Personally I think gym contracts are about the biggest PITA going but, even so, you've not got a particularly strong case here.

lantro

I read the contract at the time, I'm sure I would have noticed anything like that but it's hardly likely to state 'this is not the cheapest membership option' is it? If I asked for the cheapest option and was not given that, then surely that is mis-selling? I don't remember being given a copy unfortunately as it was so long ago.

arcon5

This isn't like the PPI scandal. They sold insurance products to self employed when for example the policy was only valid for employed people, and policies with an age limit of 60 to 65 year old people.

Another controversial selling was requiring it when you take out other products of theirs - which IMO is not unreasonable if made clear. After all you can shop elsewhere.

Most though took it out knowing what they was agreeing to then retrospectively decided to jump on the reclaim my PPI bandwagon after not making a claim and wanting to make a quick buck

Gyms are though notorious for such tactics- as are many industries though, which is why we as consumers should due our own due diligence before blindly signing contracts. If your argument is based on then saying it was the cheapest deal at the time, you will have problems if they deny saying that.

After such a stunt, personally I'd be looking to cancel

lantro

Thanks, I think your right but I will write to them before I cancel just in case it is genuine error rather than just ripping me off.

unholyangel

lantro wrote: »

Thanks, I think your right but I will write to them before I cancel just in case it is genuine error rather than just ripping me off.

They dont seem to be ripping you off, didnt you say they have now removed it?

Presumably they wouldve removed it sooner, had you read your contract and been aware of what you had agreed to.

There is also the possibility that at that time, you had to take the add on in order to get the lowest rate.

Without reading your contract, we'll never know. Worth a complaint yes, but I wouldnt hold your breath for a full refund.