Bannatyne - minimum 3 month term

cjones74

Hi Everyone,

Looking for a bit of advice here as I'm totally lost. In October 2022 I took out a '3 month direct debit' membership at Bannatynes. I was billed in January and cancelled my direct debit before February as I assumed the 3 month term was up.

I have now realised upon speaking with Bannatyne that the direct debit keeps rolling.. which contradicts the title of a '3 month direct debit'. In my welcome email it states I chose a 3 month direct debit term and there was an end date on my agreement. They put on this email that my membership continues indefinitelty thereafter (which isn't advertised as you're going through the purchasing process).

Anyway in their T&C's they state they will 'assume' that you want the membership to continue. Which I dont, hence taking out the 3 month contract. They are now saying I owe them £81.99 to cancel my membership. However, my financial situation has now totally changed from when I took the membership out last October. Due to a seperation and having to move out and renting alone I can no longer afford this fee. I have tried to explain this to them but they only seemed to be able to 'pull a few strings' if I said I'd agree to go back (but they totally ignored me saying financially my situation has changed).


The member of staff told me that their wording was 'misleading' but does anyone have any advice on what I can do here? I can't really afford to pay them this (& I dont think I should have too seeing as I only signed up for 3 months..)

eskbanker

It would be unusual for a gym to offer a three month membership as such, but an ongoing membership with a minimum three month initial commitment is more likely.  What do the Ts & Cs say about exactly what happens beyond the initial minimum period, in terms of the notice period if you fail to terminate before the end of the three months?

Edit: just had a rummage around and found some Ts & Cs, which seem to operate in this way - are these the ones you signed up to?

https://www.bannatyne.co.uk/uploaded/membership t&c's (3 month) - 1 june 2022.pdf

If so, clause 7.1.5 may help you terminate before the end of the second three month period:

You may end the contract between us by giving us not less than 30 days' written notice at any time, such notice to expire on the last day of the following month (including during the Initial Fixed Term or a Subsequent Fixed Term) if:

[...]

7.1.5. your financial situation becomes materially worse than it was at your Joining Date, so that continued membership of the Club is unaffordable for you (and you are able to provide reasonable evidence of this to us);

HillStreetBlues

As the first agreement had an end date, then I would have thought if they 'assume' that you want the membership to continue then another 3 month agreement should be issued.

MorningcoffeeIV

That would be extremely unusual.

Once the minimum term is up, contracts nearly always go to a rolling monthly one, not another fixed term unless agreed by the customer.

km1500

Unless you have a 5 year fixed rate bond from certain building societies that shall not be named. If you do nothing at maturity you end up in another 5 year bond ......

eskbanker

MorningcoffeeIV said:

That would be extremely unusual.

Once the minimum term is up, contracts nearly always go to a rolling monthly one, not another fixed term unless agreed by the customer.

OP should be able to clarify if they're the ones that apply, but the above-linked Ts & Cs are clear on this:

5.1.2. At the end of your Initial Fixed Term, unless your membership has ended in accordance with clauses 7 or 8 below, it will be renewed for another period the same length as the Initial Fixed Term (the "Subsequent Fixed Term"). 

born_again

cjones74 said:

Hi Everyone,

Looking for a bit of advice here as I'm totally lost. In October 2022 I took out a '3 month direct debit' membership at Bannatynes. I was billed in January and cancelled my direct debit before February as I assumed the 3 month term was up.

I have now realised upon speaking with Bannatyne that the direct debit keeps rolling.. which contradicts the title of a '3 month direct debit'. In my welcome email it states I chose a 3 month direct debit term and there was an end date on my agreement. They put on this email that my membership continues indefinitelty thereafter (which isn't advertised as you're going through the purchasing process).

Anyway in their T&C's they state they will 'assume' that you want the membership to continue. Which I dont, hence taking out the 3 month contract. They are now saying I owe them £81.99 to cancel my membership. However, my financial situation has now totally changed from when I took the membership out last October. Due to a seperation and having to move out and renting alone I can no longer afford this fee. I have tried to explain this to them but they only seemed to be able to 'pull a few strings' if I said I'd agree to go back (but they totally ignored me saying financially my situation has changed).


The member of staff told me that their wording was 'misleading' but does anyone have any advice on what I can do here? I can't really afford to pay them this (& I dont think I should have too seeing as I only signed up for 3 months..)

So did you speak to them at the time to cancel? Or just cancel the DD thinking that was the end of it?

As sadly cancelling a DD does not end ANY contract.

tightauldgit

What did the original agreement say about how to terminate the deal and did you follow those steps? 

Simply cancelling the DD isn't the way to terminate a contract. 

The welcome email seems to have communicated very clearly to you that if you didn't cancel then the membership would continue. I think all you can do is ask for a goodwill gesture and hope for the best. 

screech_78

Sounds to me that you haven’t actually cancelled the contract. The terms you agreed to when signing up should tell you how you can cancel. 

Cancelling a direct debit alone is never the best way to do things.