Health club sold us £250 worth of day-passes without telling us their facilities would close
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Manxman_in_exile wrote: »Did you not think it strange that you didn't get a receipt for £250 cash purchase? Did you ask for one?
I don't recall if we received one or not. Given that we used the club hundreds of times before without issue and had used many guest passes for the past 5 years for friends & family visiting us, no, we didn't think it strange- the staff at the club were always fairly relaxed & we never anticipated all this lack of access to suddenly start.
From memory we bought around 40 passes at approx £6 each (approx £250), for use throughout the year. This was a significant reduction from the usual price of £25 each. We were lead to believe this was simply because of a special offer during the Christmas period. Had we known all the facilities would close, we wouldn't have bought them regardless of price. We haven't been able to use a single one and it's complete wasted money.
The manager who sold us the passes made a point of assuring us that she wouldn't leave the company & even if she did, all staff would honour the passes. We know her first name & met her many times over that period when we used to attend the club.
Either way, it sounds like it's a bitter pill we have to swallow.0 -
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So reading all the replies (Thanks btw), it sounds like since the company changed ownership, legally we're screwed:o Am I right?0
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£6 each instead of £25?! My maths is rubbish at the best of times but that’s almost an 80% discount! Even at Christmas. Even for a bulk purchase,, that’s just not what a trading business does. They have tried to scam you/tried to scam the company they were selling to.0
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So reading all the replies (Thanks btw), it sounds like since the company changed ownership, legally we're screwed:o Am I right?
That all depends on what the new company acquired and how they acquired it. If they bought the company warts & all or whether it was just the assets they purchased.
Have you checked on companies house?You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
Well, how do you know they changed ownership? If the (old) owner was a limited company, have you checked on Companies House what the status of the company is?I have no idea how to check.
Why not? Everybody else seems to get named around here...and it might help if you need assistance interpreting what has happened to the ownership.I'm not sure if it's a good idea to mention the club's previous and current names on a public forum...0 -
The manager who sold us the passes made a point of assuring us that she wouldn't leave the company & even if she did, all staff would honour the passes. We know her first name & met her many times over that period when we used to attend the club.
What a strange thing for her to say unless she already knew the company was changing, how did that even come up in conversation? Had you expressed concerns about the vouchers not being accepted? Or had it already been announced that the company was changing? If it wasn't in response to you making a direct enquiry didn't it set alarm bells off that she would say something that implies there could potentially be an issue with the vouchers being accepted in the future?0 -
I believe I've already mentioned it's a different company. Does that mean I can't do all you suggested?
You mentioned that the club changed ownership.
Legally speaking, the company changing is a different thing to the owners of the company changing. This is because companies have their own legal personality.
If the gym is being operated by an entirely different company, and the old company has been dissolved, you are stuffed.
If the gym is being run by the same company, but it is just that the company has new owners, then you still have a valid claim against that company.
The best thing to do is to go on companies house - https://beta.companieshouse.gov.uk - and so a search against the company you were dealing with. For example to check whether it is dissolved or still active.
You should then see if you can find out which company operates the gym currently - for example check their website to see if you can find the full legal company name.
If the names match, great. If they don't, this might not be worth pursuing.
If in doubt - you could just proceed with writing a 'letter before action' to the gym. And see what they say in response.0 -
What a strange thing for her to say unless she already knew the company was changing, how did that even come up in conversation? Had you expressed concerns about the vouchers not being accepted? Or had it already been announced that the company was changing? If it wasn't in response to you making a direct enquiry didn't it set alarm bells off that she would say something that implies there could potentially be an issue with the vouchers being accepted in the future?
Quite. The phrase "...all staff would honour the passes..." sounds really weird. Why wouldn't they be honoured?0 -
KatrinaWaves wrote: »£6 each instead of £25?! My maths is rubbish at the best of times but that’s almost an 80% discount! Even at Christmas. Even for a bulk purchase,, that’s just not what a trading business does. They have tried to scam you/tried to scam the company they were selling to.
Not so sure it was a scam. She said prices would go back up by the new year & they had more leeway before then. They were sometimes relaxed & let people or family members in for free just because they knew they were regulars, so offering a decent discount wasn't too different from their regular behaviour to make me think twice. Don't forget we'd been going there and using the same type of passes for many years without a problem. After I complained, she was quite sweet about it and also confirmed she wasn't aware of building works being planned- and she offered to speak to her manager about a refund for the £250 of passes. I therefore don't think it was a deliberate scam. However, since then she left the job & a new guy took over who is refusing the refund & saying she's uncontactable.
unholyangel wrote: »That all depends on what the new company acquired and how they acquired it. If they bought the company warts & all or whether it was just the assets they purchased.
Have you checked on companies house?
Wouldn't know where to start with it all unfortunately, I'm no expert. If you can give any advice I'd be happy to give it a go. The club changed name & ownership & then had a fire, that's what I've been told.Well, how do you know they changed ownership? If the (old) owner was a limited company, have you checked on Companies House what the status of the company is?
Why not? Everybody else seems to get named around here...and it might help if you need assistance interpreting what has happened to the ownership.
I know because we were told by the staff, name changed, website stopped working & new website in its place, google map shows a different club name & old one says "permanently closed" on it. It also used to be a one-off health club but since it changed ownership, the name of the club changed and became part of a chain with several clubs listed on their website.
I've no idea what the legal implications are but I have known people who identified themselves after leaving a bad review online & were taken to court. I wouldn't wish to identify myself in a public forum anyway- too much hassle in my life already! Pick your battles... etc. I would consider taking legal action though if it's feesable / worth it, depending on advice here. I know nothing about it & lawyers are too expensive for £250... that's why it'd be great to get advice on how feasible it is.steampowered wrote: »If the gym is being operated by an entirely different company, and the old company has been dissolved, you are stuffed.
If the gym is being run by the same company, but it is just that the company has new owners, then you still have a valid claim against that company.
The best thing to do is to go on companies house - https://beta.companieshouse.gov.uk - and so a search against the company you were dealing with. For example to check whether it is dissolved or still active.
You should then see if you can find out which company operates the gym currently - for example check their website to see if you can find the full legal company name.
If the names match, great. If they don't, this might not be worth pursuing.
If in doubt - you could just proceed with writing a 'letter before action' to the gym. And see what they say in response.
Looks like we're stuffed then- as is usually the case in the legal world!
Couldn't find the old health club name on companies house. Their website has also gone down.
The new company (which also did the refurb), however, is on companies house. Given the staff told us they were changing ownership, the staff appear to have changed, websites changed, club name changed, is now part of a chain, and given the new company is an established health club chain & the previous one was a one-off, I'd make an educated guess to say the two are completely different companies.
So... stuffed ! Another thing to take on the chin in life. (A bit like lettings agents who agree to do things before you move in but then change after you sign the contract! Stuffed.).
No surprise.
Thanks for the help.0
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