LA Fitness Transfer Policy

lauragoode

Hi, I hope someone can give me some advice about my rights. I am new to this forum so please bear with me if I have put this in the wrong section.

Last June I signed up for a 2 year contract with LA Fitness. This lengthy membership was done purely on the basis that the salesperson told me that, if my circumstances changed at any time, and I could find someone to take over my contract, then it could be transferred – thus releasing me from my contract.

My circumstances have changed and I am no longer able to attend the gym frequently. I found someone to take over my membership and was told by my local gym that I would have to speak to the head office membership services team. I phoned them today and was told that they no longer offer the transfer policy because it makes a contract null and void.

I was also told, to my surprise, that whilst they did offer this transfer policy at one point, it was sold as an additional feature (not in the t&c's) and therefore it could be changed by them at any time with no need to inform me.

It was in no way made clear that this 'benefit' could be cut out of my contract at anytime and therefore I feel I have been sold a membership under false pretenses.

I want to cancel my contract, in this situation, do I have any rights to give LA Fitness 1 months notice before stopping my direct debit? My t&c's say that the only way I can currently cancel my contract is if I injure myself, get made redundant or move more than 10 miles away - although a quick internet search says it's not easy to do even if those conditions apply!

pmduk

Just stopping the DD won't terminate your contract, or more importantly, your liability to pay the subscription fee.

lauragoode

Thanks PMDUK. So what should I do?

unholyangel

lauragoode wrote: »

Thanks PMDUK. So what should I do?

Is it still the original contract you're under? You havent renewed it/it hasnt rolled over has it?

If not....personally I'd write to them stating that the contract was only entered into on the basis that you would be able to transfer. Thus, regardless of the fact that it is absent from your T&C's, it did form part of the contract at point of sale and they cannot legally expect to hold you to your obligations if they aren't willing to be held to theirs. Also if information leads a customer to enter into a contract they wouldnt have otherwise entered into the contract without.......it can be classed as misleading under CPRs.

arcon5

Agree with above.

Id also state though in your letter you have a new person to take over the contract and give them say a 14 day time limit to accept this and if they do not consider them in breach of contract and tell them because of their non performance you are rescinding from it

lauragoode

Thanks All. I have a bit of an update on this. Yesterday, LA Fitness called to say thet were goijg to offer me a transfer because of the way I had been sold the contract. The trouble is, because of the way they have treated me over this, the person originally had, now doesn't want anything to do with LA Fitness – so I am back to square one!

I told LA Fitness this when they offered me the transfer and I said I wanted the contract cancelled. The guy said he didn't have the authority to do that but he would speak to management and call me back. Surprise, surprise no call back!

What I am worried now is that they will say 'we offered you the transfer and you didn't take it, so we are not cancelling membership'. I can't win!

unholyangel

lauragoode wrote: »

Thanks All. I have a bit of an update on this. Yesterday, LA Fitness called to say thet were goijg to offer me a transfer because of the way I had been sold the contract. The trouble is, because of the way they have treated me over this, the person originally had, now doesn't want anything to do with LA Fitness – so I am back to square one!

I told LA Fitness this when they offered me the transfer and I said I wanted the contract cancelled. The guy said he didn't have the authority to do that but he would speak to management and call me back. Surprise, surprise no call back!

What I am worried now is that they will say 'we offered you the transfer and you didn't take it, so we are not cancelling membership'. I can't win!

Would the person be swayed by the fact that they are now honouring it/have apologised (they have apologised, havent they?). Worth perhaps talking to them to see what they think with the update. Might save you a headache

TBH i'm not really sure how the law would view that one. Whether they'd side with the gym by saying you've failed to mitigate or whether they'd side with you saying you did mitigate your losses but LA caused the loss of mitigation by trying to change your T&C's retrospectively without your agreement.