Where do I stand ? Golf membership paid by credit but course isn't being looked after

richardvc

I am a keen golfer and am a member of a club - I pay my membership fees through a company called Premium Credit by eight direct debits - April to November inclusive.This covers the whole 12 months of membership from April to March.

Since the owner of the club has announced last September that he wishes to reduce it to a nine hole course and apply for planning permission to build on the 'other' nine hole, the club has descended into turmoil as they are trying to spend as little money on it as possible.

The condition of the course has plummeted and it is still deteriorating daily and they are down to two greenkeepers (the guys who look after the course) rather than a team of four. For you non-golfers what I am trying to say is the condition of the course is truly awful and I am not getting the same as I was a year ago, far from it actually !

We have received a number of email stating that they are as concerned as us about it but don't seem to do anything about it.

All the members are moaning about the state of the course and a lot left at the renewal of memberships at the end of March.

I have now found another course that I would like to join BUT have only made two payments under the credit scheme for this year.

I know that the club would demand a full and final settlement as my contract is with them BUT the reason that I am considering leaving is because of the state of the course. That is totally down to them and not the members.

I have spoken to Premium Credit and have been told that should I cancel they would refer it back to the club and that it wouldn't affect my credit rating etc etc

I guess what I am trying to find out is how I would fight my corner if the club asked for the extra £600ish and does the CCA come into play at all.

As usual, thanks for any advice I receive.

Richard

Brock_and_Roll

I would have thought that the finance provided by Premium Credit is separate from your membership of the club. See note on Premium Credits website:

"If you end your credit agreement, you must immediately pay us the outstanding balance."

So if you cancel your DD to Premium Credit you risk being defaulted, credit rating damage, pursued etc.

However, I think that the Golf Club might be in breach of their contract with you. Does such a contract exist in writing? If so what do the terms say about what they are obliged to provide?

If you for example are paying £2k a year for membership of an 18 hole course, and in the absence of any terms about such events, they change the course to just 9 holes then on the face of it you are not getting the agreed service.

richardvc wrote: »

I am a keen golfer and am a member of a club - I pay my membership fees through a company called Premium Credit by eight direct debits - April to November inclusive.This covers the whole 12 months of membership from April to March.

Since the owner of the club has announced last September that he wishes to reduce it to a nine hole course and apply for planning permission to build on the 'other' nine hole, the club has descended into turmoil as they are trying to spend as little money on it as possible.

The condition of the course has plummeted and it is still deteriorating daily and they are down to two greenkeepers (the guys who look after the course) rather than a team of four. For you non-golfers what I am trying to say is the condition of the course is truly awful and I am not getting the same as I was a year ago, far from it actually !

We have received a number of email stating that they are as concerned as us about it but don't seem to do anything about it.

All the members are moaning about the state of the course and a lot left at the renewal of memberships at the end of March.

I have now found another course that I would like to join BUT have only made two payments under the credit scheme for this year.

I know that the club would demand a full and final settlement as my contract is with them BUT the reason that I am considering leaving is because of the state of the course. That is totally down to them and not the members.

I have spoken to Premium Credit and have been told that should I cancel they would refer it back to the club and that it wouldn't affect my credit rating etc etc

I guess what I am trying to find out is how I would fight my corner if the club asked for the extra £600ish and does the CCA come into play at all.

As usual, thanks for any advice I receive.

Richard

ReadingTim

You should look at whatever your membership terms and conditions are in respect of the provision of services and also rights of cancellation and go from there - for example by giving the requisite notice period in terms of resigning your membership. Your credit rating will only be affected if you don't pay/default.

In terms of paying up any outstanding contract, your options are probably to follow the stated procedure/giving the correct notice period to resign your membership/paying to get out of your contract then claiming the money back from them (ie being charged for goods/services not received, ie the shodddy course) or threaten said legal action, and hope the threat means they waive any future payments due.

However, if the situation has been getting progressively worse since last September, why did you renew in March for another year? If you were that concerned, you should have left then, as your renewal could indicate you approved of / weren't bothered by the management of the club and its facilities.

richardvc

ReadingTim wrote: »

However, if the situation has been getting progressively worse since last September, why did you renew in March for another year? If you were that concerned, you should have left then, as your renewal could indicate you approved of / weren't bothered by the management of the club and its facilities.

I was and still am 'that concerned' - they promised to address the problems and so lots of us renewed.
They haven't addressed them, hence why I want to leave.
I feel that I have been deceived.
Secondly golf clubs do suffer with the weather with regard to condition of the course but whilst every other course round here has improved since the winter ours has got worse !!

chesky

Small claims court, breach of contract.

Brock_and_Roll

chesky wrote: »

Small claims court, breach of contract.

Agreed, looks the best option. (but will need to continue to pay the finance company - hopefully using the proceeds of the case to settle it)

Herzlos

Try to cancel in writing first, stating breach of contract and ask for a pro-rata refund on the remaining term. Use that to pay off the finance.

If they refuse, then take it to small claims court.

chesky

When you write to cancel, put 'letter before action' at the top.

Gaz83

Similar situation happened at my mate's golf club a few years back.

The credit agreement is separate to your membership of the golf club. You're still obligated to pay it.

Your complaint lies with the club. My mate took his club to the small claims court, won, and was awarded the balance of his finance agreement as a settlement from the golf club, and used it to pay off the finance agreement.

A word of warning, though - golf clubs don't carry huge amounts of cash in the bank, if lots of people do the same then eventually the club won't be able to settle with you (blood doesn't come from stones) and you would still have to settle with the finance company.

pvt

Have you kept all the correspondence from the club about their intention to improve the condition of the course? That would be part of your evidence if it comes to an argument in court. And pictures showing evidence of the poor condition.

Under Section 75 the credit provider is jointly liable here. Write to both the golf club and the credit company informing them they are in breach of contract for failing to provide the service you're paying for, and that you are therefore terminating your membership and will make no further payments.

chanz4

pvt wrote: »

Have you kept all the correspondence from the club about their intention to improve the condition of the course? That would be part of your evidence if it comes to an argument in court. And pictures showing evidence of the poor condition.

Under Section 75 the credit provider is jointly liable here. Write to both the golf club and the credit company informing them they are in breach of contract for failing to provide the service you're paying for, and that you are therefore terminating your membership and will make no further payments.

Its a finance not credit card