Cancel Bannatyne Membership

Gabsash

I lost my job in December, and fast forward to February I am still unemployed but now on Job Seekers Allowance after failing to get another job.

I have contacted my gym, which I am on a 12 month contract with until August, explaining my circumstances and requesting to cancel my membership. They said I could, as the contract I signed, it states: f) The Member may terminate this agreement on 30 days’ notice in writing, accompanied by reasonable evidence, if he/she: (ii) is made redundant or loses their job and is unable to find alternative employment for a period of at least two calendar months;

They asked for a headed letter as evidence of this, but I stated I no longer had one, but I had evidence of my JSA agreement and my P45 detailing my last day of employment. The representative I spoke via email to said "that should be fine, send these to me and I'll get these processed".

Fast forward 2 weeks and the membership team came back and said I need a headed letter and cannot accept evidence provided. I said the evidence submitted is reasonable as it adheres to the contract as reasonable evidence, but they are refusing to let me cancel.

I get £290 from JSA a month and £50 is going into Bannatynes. I am also pregnant and under financial stress. What can i do? Where do I stand?

davidmcn

A P45 only shows that your employment ended, whereas their contract says they need evidence that you were made redundant or "lost your job". So how did your employment end?

Gabsash

But the Job Seekers Allowance you can only get when have lost your job. There was ongoing disputes with my employer, in which I was fired and placed on Garden Leave.

LABMAN

Why don't you have a paper trail of you being fired/made redundant so soon after it happening?

davidmcn

Gabsash wrote: »

I was fired and placed on Garden Leave.

Surely some of that was in writing? How did you persuade the job centre that was what happened?

DoaM

Gabsash wrote: »

I am also pregnant and under financial stress.

Have you made them aware of this? (Both parts).

Whilst I agree that you should surely have some paperwork from your former employer that gives you your termination details, the pregnancy bit may give you an Equality Act 2010 angle wherein they need to make reasonable adjustments. It could be argued that the information already provided is sufficient to meet the (vague *) T&Cs regarding cancellations, thus their insistence on pursuing this further could be a breach of the Act.

* Unless the T&Cs specifically mention a "headed letter" then they can't enforce such a term post-contract.

This is possibly one of the rare occasions where cancelling the DD (and telling them you have done so) is a reasonable action to take. they would need to take you to court to enforce the contract and may well be on sticky ground doing so.

Gabsash

I simply don't have the paper trail so there's no point in challenging this. I've laid out the facts. A lot was verbal/destroyed and I have details of garden leave and a grievance procedure only. The termination of employment was not amicable and distressing.

And no, they have not written "headed letter" anywhere in the agreement, and I raised this point to them also. They simply came back and said it is required. I said the JSA letter details my income (£73 a week) and I am no longer financially able to continue due to loss of employment. They came back and said they cannot cancel. Surely the fact that I'm unemployed, pregnant and have provided evidence of unemployment status can be enough?

I am tempted to cancel the DD but do to being financially unstable, I'm scared of further charges incurred. I simply won't be able to afford them.

DoaM

Make an appointment with CAB ... they often have advisors who can help with proper guidance on such financial/contract matters. (CAB can be useless in some other matters, but they're usually good in this scenario).

sheramber

is made redundant or loses their job

They may be wanting proof that you did not leave your job of your own accord.

Neither a P45 or JSA would confirm that.

DoaM

sheramber wrote: »

Neither a P45 or JSA would confirm that.

Is there a minimum period before someone becomes eligible for JSA if they left their previous job voluntarily? For example:

Any benefits you receive may be delayed for up to 26 weeks if you voluntarily quit without good reason.

In such a case the very fact of being on JSA (given the OP's time line) would show that the loss of job was imposed not voluntary.

bris

personally I would cancel the DD and wait for court papers which will probably never come. I would use their T&C's against them stating the evidence you have is reasonable.


I can't see the courts disagreeing with this. But I doubt it will ever get that far.


Just remember letters and phone calls are toothless just ignore them, the only thing you can't ignore is a court summons, just go and fight your case. Remember though never admit you owe the debt.