Ladies Workout Express Cancelled DD

danielle21_2

HiMe & my sister had a bright idea of joining the new Ladies Workout Express that opened near us. we signed up for 2 yrs & its £19.95 per month. At first we were reluctant to sign as we wanted to 'pay as you go' first to try it out but this wasnt an option.To cut a long story short we have cancelled our direct debits as its not as we expected, they said there was going to be workout classes etc but the only thing for months was the usual circuit. the ladies also got quite ignorant as time went on which made us not want to go even more!We have had 2 letters from the company who provided credit (BMS Auto Debit), the 2nd one is a default notice saying under the Section 87(a)1 of consumer credit act 1974 we must pay.Does anyone know of a way of getting out of this mess as ideally we dont want to pay - we are trying to be moneysavers & lose weight but wish we'd have never signed up :(Any advice appreciated.

missy321

surely someone can help me!!

ckerrd

What does it say in the T & C?

If they have not provided what was described then you may have a get out.

But if you just don't fancy what they have offered you may be stuck with the cost. Sorry.

lisyloo

You can't just decide to stop paying.
You signed up to a contract.

Firstly (if you haven't already) you should arrange a face to face meeting with the manager and discuss why you are unhappy and what you were promised and see if they can make changes.

After that then you have to decide either to pay up or go to court.

Do you think you can reasonable prove that you didn't get what you were offered?
Bear in mind that what you can PROVE matters as opposed to what you think because the other side could mis-represent or lie.
What do you have in writing?
Do you have any written evidence or independent witnesses (not just each other) that overheard the workout class being offered?

Do you think you can prove or persuade a judge that you aren't getting what you paid for (bear in mind that written evidence and indepndent witnesses count a lot more than just "your word against theirs" also bear in mind that the other side will tell "their side of the story" which to you may seem like lies but it's just a different point of view).
How will it appear to an outsider?
That they mis-sold the service or that your expectations were too high?

If you think you have actual evidence or a good case in front of a judge or court then write to the company stating that you want to cancel due to the service not being as described and if they will not cancel you will take the matter to the small claims court.
Send it recorded and keep a copy.

Write to the finance company (again recorded) and tell then that the service has not been as described and you are in dispute with the supplier.

If you do not think you have a good chance of proving your case then I'm afraid you are going to have to pay.

Either way thionk about it very carefully because a default notice could affect your credit rating for 6 years and could stop you getting mortgages etc.

Going to court is a risk as is letting the default hang around as it could go on your credit rating and charges can be added on, so there is some risk with going down this route.

It's definitely better to discuss this with them first and try to get some resolution.
For all we know the manager may be shocked and disgusted at his staff and put new classes in place straight away so don't discount this option.
A judge might also reasonably expect you to try to make efforts "out of court" first, so it would look better if you try to resolve it first.