Misrepresentation

veryconfused20

Does anyone know whether many misrepresentation cases are successful? I am in this position with a gym contract that I signed up to and am considering threatening to take legal action.

Thank you

Edit: For anyone wondering what the story is. A gym near to my workplace offered corporate discount, so I went to see the gym manager to discuss their packages. Though I knew the price other employees were paying, I could tell this was based on a corporate discount when signing up for 12 months. I told the manager I did not want to sign for any more than six because I was new to the company and didn't want to commit in case things didn't work out. I was told that I could have the same rate regardless because "if I were to leave the company, I would no longer be entitled to the corporate discount and could cancel my contract". This made sense and based on it I accepted and signed up.

I left employment of the company and called the gym's cancellation line (which I discovered is a third party) and was told I was in a 12 month contract. I explained the terms that I had signed up under and was told they are not true. I then went to look for a copy of my contract to see if it was written down and realised I was never given one (I haven't lost it, I have the gym booklet of classes and such I was given at the point of signing up but there is no contract).

Had I not been told about cancelling upon leaving employment, I would not have joined.

wealdroam

You need to disprove their statement that you are in a twelve month contract. That will be difficult unless you have some record of what was agreed at the time.

i am not sure how you can consider a claim of misrepresentation without any proof.

However, having said that, civil cases are determined on the balance of probabilities.

Do their current T&Cs have anything about cancellation due to change of employment?

veryconfused20

wealdroam wrote: »

You need to disprove their statement that you are in a twelve month contract. That will be difficult unless you have some record of what was agreed at the time.

i am not sure how you can consider a claim of misrepresentation without any proof.

However, having said that, civil cases are determined on the balance of probabilities.

Do their current T&Cs have anything about cancellation due to change of employment?

I have no idea about their T&Cs as I wasn't given them (yes in hindsight I should have asked but I had already had what I thought were the terms explained to me by the manager); though I cannot necessarily prove what was said regarding cancelling the contract, we clearly did discuss the corporate rate as that's what I'm paying and I do remember him writing that on my joining form.

Caz3121

you need to get a copy of the paperwork...without that I would say you have little chance as without it they could easily deny that any such conversation took place or that you misunderstood the answer, so you need the documentation as proof

I would expect the norm when leaving company during contract term
1) contract continues until end of fixed term as same rate
2) contract reverts to non-corporate-discounted rate
confirmation of this or any alternative should be laid out in the T&Cs

Mr_Norrell

veryconfused20 wrote: »

... I was told that I could have the same rate regardless because "if I were to leave the company, I would no longer be entitled to the corporate discount and could cancel my contract". This made sense and based on it I accepted and signed up.

A misrepresentation is a false statement of fact made by one party to another, which, whilst not being a term of the contract, induces the other to enter the contract.

You would have to prove that: there was a clear, statement of fact; to the contracting party; and that induced the contract.

I don't see how you're going to be able to prove that the guy said that you could cancel your contract early if you'd left the company.

wealdroam

veryconfused20 wrote: »

I have no idea about their T&Cs as I wasn't given them...

Yes, I read that in your original post.

What I asked was:

wealdroam wrote: »

Do their current T&Cs have anything about cancellation due to change of employment?

Are their current T&Cs available online?
If not, can you ask them for a copy?

And while you are at it, why not ask them for a copy of the agreement and the T&Cs that they allege you agreed to?

photome

Have you spoken to the manager who signed you up, he may remember what he told you and he may have a copy of the contract that you signed

unholyangel

Ask for a copy of your signed contract.

While its undoubted that you were in contract with them, the same rules that apply for you (ie you stating it was a term of the contract that you could cancel after 6 months) proving that term exists will apply to them proving the 12 months formed a part of the contract.