Tru Gym claiming money for a non-existant contract

unholyangel

bris wrote: »

If I understand it correctlt true gym have taken over FF by buying it from the administrators, if this is correct they take over all the existing equipment and clients. This is no different to any other takeover, if O2 buy Vodafone the clients can't just cancel their contracts.

CAB were wrong, no surprise there, if you want out you will need to show a breach of contract thet they are not providing the same level of service that you signed up to.

No, TruGym have taken over the gym that FF used to own. Or at least thats the way I read it. Just the one gym and FF are still in business (as OP said FF dont want to know as they arent their members anymore).

fluffnutter

The T&Cs of your contract have changed to such an extent that it's simply no longer enforceable in law. Ignore them. But keep checking your credit file just in case...

arcon5

Assuming they are not reporting to credit reference agencies, send your final letter (save proof of postage) to them and ignore everything from them or their collectors going forward. If they take it to court I think you will win, and very easily. All you'd have to do is demonstrate they are materially changing the terms of the membership.

wealdroam

unholyangel wrote: »

No, TruGym have taken over the gym that FF used to own. Or at least thats the way I read it. Just the one gym and FF are still in business (as OP said FF dont want to know as they arent their members anymore).

But that can't be right Unholyangel.

In post #4 we are told:
"Our FF memebership was the top membership which included gyms with pools (my girlfriend is new to swimming and we valued this) and the TruGym ones don't have pools.
I had a choice of 3 FF gyms within 10min cycle to my house I could use. Tru Gym don't have 1 within a 30min Drive !!!!"

Not only has the pool vanished, but the gym is now over 20min further away.

bris

unholyangel wrote: »

No, TruGym have taken over the gym that FF used to own. Or at least thats the way I read it. Just the one gym and FF are still in business (as OP said FF dont want to know as they arent their members anymore).

I read it a different way, it looks to me like the administrators have sold that branch to true gym, if this is the case then the contract remains in place.

An administrators job is to try and save the core business, sometimes they need to sell assets such as branches like this one to save the over all company.

ThumbRemote

bris wrote: »

if O2 buy Vodafone the clients can't just cancel their contracts.

But that's not the correct analogy. It's more like NewCo buying a single Vodafone mast and transferring a number of Vodafone customers, then telling those customers they can only use their mobiles on that mast.

ValHaller

bris wrote: »

I read it a different way, it looks to me like the administrators have sold that branch to true gym, if this is the case then the contract remains in place.

An administrators job is to try and save the core business, sometimes they need to sell assets such as branches like this one to save the over all company.

I think you have a valid point. A very valid point. However, the difference it makes is just to the mode by which OP can reject the continuation of the contract. There are about 3 scenarios I can see

1. If FF folded and cancelled the contract, then FF were competent to cancel the contract with OP's agreement. The contract cannot be resurrected without OP's consent
2. FF folded and having no rights to assign the contract, they could only sell the gym and physical assets. TG can only give OP a new contract and cannot impose it on him
3. FF folded but had rights to assign the contract. However, TG are not able to offer OP the full range of benefits of the contract and OP has suffered a material detriment to the contract. OP is entitled to renegotiate or rescind at his option.

bod1467

3. You mean FF folded

But yes - I agree with your reasoning.

ValHaller

bod1467 wrote: »

3. You mean FF folded

But yes - I agree with your reasoning.

Thanks. Edited accordingly

unholyangel

bris wrote: »

I read it a different way, it looks to me like the administrators have sold that branch to true gym, if this is the case then the contract remains in place.

An administrators job is to try and save the core business, sometimes they need to sell assets such as branches like this one to save the over all company.

But they cant bind the OP to new terms without their agreement.