Cancelled gym membership

AES_2

We were members of Holmes Place gym for 5 years. Due to a HP mistake son was given free membership, no end date. We have lost copies of contract or free membership. HP was taken over by VirginActive. Our son used the gym with card and has swimming lessons. 1 year after take-over VA give less that 2 weeks notice that our son has to be a full child member and pay £15pm. I phone the club, speak to Membership Officer and cancel membership verbally. I ask her if I need to do anything else to make cancellation effective. She says NO. We act on her advice, do nothing and cancel DD

Virgin are now asking for one month fee becuase we did not give 30 days notice in writing. We have written saying (a) they did not give 30 days notice to a substantial change to our family membership (b) we have no contract with VA only the bought out HP one (c) we acted on the advice of VA member of staff - who now, not surprisingly, denies saying we did not need to do anything more.

Do we have a legal case?

Iamthesmartestmanalive

AES wrote: »

We were members of Holmes Place gym for 5 years. Due to a HP mistake son was given free membership, no end date. We have lost copies of contract or free membership. HP was taken over by VirginActive. Our son used the gym with card and has swimming lessons. 1 year after take-over VA give less that 2 weeks notice that our son has to be a full child member and pay £15pm. I phone the club, speak to Membership Officer and cancel membership verbally. I ask her if I need to do anything else to make cancellation effective. She says NO. We act on her advice, do nothing and cancel DD

Virgin are now asking for one month fee becuase we did not give 30 days notice in writing. We have written saying (a) they did not give 30 days notice to a substantial change to our family membership (b) we have no contract with VA only the bought out HP one (c) we acted on the advice of VA member of staff - who now, not surprisingly, denies saying we did not need to do anything more.

Do we have a legal case?

No, the 30 day notice stands whether you use it again or not

As for the no contract, contracts dont need to be written and your use of the gym would constitute acceptance of there terms

Pay up, your getting off lightly with just 30 days notice

Night-owl_6

http://forums.moneysavingexpert.com/showthread.html?t=242797

surreysaver

Holmes Place should deal with it. They passed your details (including bank details) on to another company without your consent or knowledge, which is illegal under the Data Protection Act. I had the same thing - I had actually cancelled and stopped paying a swimming membership, and about two years later I noticed a strange direct debit appear on my current account. I suspected identity fraud, but after a little investigating Croydon Council passed on my details to a private company. Not only had they not deleted my information after it had expired, they passed it to another company. Disgusting!

SimonJ80

surreysaver wrote: »

Holmes Place should deal with it. They passed your details (including bank details) on to another company without your consent or knowledge, which is illegal under the Data Protection Act.

Wouldn't that depend on whether or not they now own Holmes Place? I don't know if they do or not (never heard of them!) but this would mean there was no 'passing on' of details.

They certainly should have let you know about the change of contract although this is probably more of a customer service issue than a legal one