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    • kay0601
    • By kay0601 6th Mar 18, 11:16 PM
    • 25Posts
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    kay0601
    Swimming lessons membership query
    • #1
    • 6th Mar 18, 11:16 PM
    Swimming lessons membership query 6th Mar 18 at 11:16 PM
    Hi my daughter (4) goes to a local gym for swimming lessons. It's just over 20 a month direct debit for them. Today I received an email updating the terms and conditions of her membership and I was hoping one of you super savvy stars could tell me if this particular clause is enforceable immediately or if I'm able to reject it and stop her lessons. We're not impressed by the lack of continuity with staffing nor her lack of progress and have been considering moving her elsewhere. The clause reads:

    The cancellation period we now require is 2 calendar months.

    Further down it states:

    These do take effect immediately and replace any previous versions.

    Thank you !!!128522;
Page 1
    • bris
    • By bris 7th Mar 18, 2:00 AM
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    bris
    • #2
    • 7th Mar 18, 2:00 AM
    • #2
    • 7th Mar 18, 2:00 AM
    You can reject the new terms. A contract can't be altered by one party without the others consent.


    If you don't say anything your silence will be seen as acceptance. You need to tell them you reject the new terms and end the contract now.


    They can however continue with the old terms.
    • Mr_Singleton
    • By Mr_Singleton 7th Mar 18, 7:33 AM
    • 824 Posts
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    Mr_Singleton
    • #3
    • 7th Mar 18, 7:33 AM
    • #3
    • 7th Mar 18, 7:33 AM
    A contract can't be altered by one party without the others consent
    Originally posted by bris
    But thats the whole problem with 'contracts' these days..... noticed that in the original contract T&C's for BT you 'agree' to allow them to 'vary the terms and conditions and prices' during the term of the contract. It makes a complete mockery of it. My BT prices have gone up nearly 20% since signing up to the 'contract'

    It's worth noting that that the reason you can now cancel is NOT because these companies allowed you to but because the regulator FORCED them to allow cancellation. I suspect the OP might have the right to cancel but is going to have a mighty fight on his/her hands.
    • eddddy
    • By eddddy 7th Mar 18, 7:53 AM
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    eddddy
    • #4
    • 7th Mar 18, 7:53 AM
    • #4
    • 7th Mar 18, 7:53 AM
    They cannot force you to accept any new terms.

    But do the old contract terms allow the swimming teacher to terminate the old contract?

    If so, perhaps the outcome will be that the swimming teacher terminates the old contract, and refuses to offer swimming lessons unless you agree to the new contract.

    i.e. Swimming lessons stop, unless you agree to the new terms.
    • Mr_Singleton
    • By Mr_Singleton 7th Mar 18, 8:09 AM
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    Mr_Singleton
    • #5
    • 7th Mar 18, 8:09 AM
    • #5
    • 7th Mar 18, 8:09 AM
    But do the old contract terms allow the swimming teacher to terminate the old contract?

    If so, perhaps the outcome will be that the swimming teacher terminates the old contract, and refuses to offer swimming lessons unless you agree to the new contract
    Originally posted by eddddy
    Nope, surely that isn't legal?

    But yet again shows how hugely one sided contacts are.
    • custardy
    • By custardy 7th Mar 18, 8:41 AM
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    custardy
    • #6
    • 7th Mar 18, 8:41 AM
    • #6
    • 7th Mar 18, 8:41 AM
    Nope, surely that isn't legal?

    But yet again shows how hugely one sided contacts are.
    Originally posted by Mr_Singleton
    How? They change the terms and you can elect not to agree.
    • Mr_Singleton
    • By Mr_Singleton 7th Mar 18, 9:20 AM
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    Mr_Singleton
    • #7
    • 7th Mar 18, 9:20 AM
    • #7
    • 7th Mar 18, 9:20 AM
    How? They change the terms and you can elect not to agree.
    Originally posted by custardy
    Elect away!

    All that will happen is that they will carry on charging you until the end of the contract period and get bailiff to enforce payment.

    Remember that's what the mobile phone companies had wanted to do. It was only because the regulator stepped in and forced them to allow cancellation with out charge that it happened.
    • eddddy
    • By eddddy 7th Mar 18, 10:11 AM
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    eddddy
    • #8
    • 7th Mar 18, 10:11 AM
    • #8
    • 7th Mar 18, 10:11 AM
    Hi Kay0601

    Just a word of warning... as you appreciate anybody can post on these forums, even if they have little or no understanding of the topic.

    I don't think Mr_Singleton has a very good understanding of this topic.
    • custardy
    • By custardy 7th Mar 18, 10:34 AM
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    custardy
    • #9
    • 7th Mar 18, 10:34 AM
    • #9
    • 7th Mar 18, 10:34 AM
    Elect away!

    All that will happen is that they will carry on charging you until the end of the contract period and get bailiff to enforce payment.

    Remember that's what the mobile phone companies had wanted to do. It was only because the regulator stepped in and forced them to allow cancellation with out charge that it happened.
    Originally posted by Mr_Singleton
    Who are you voting for swim teacher?
    • Mr_Singleton
    • By Mr_Singleton 7th Mar 18, 12:01 PM
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    Mr_Singleton
    Who are you voting for swim teacher?
    Originally posted by custardy
    I'm on the side of reality.

    Numerous times a consumer is in the right but a company will ignore them and say OK take us to court because they know 99.9% of people won't.
    • custardy
    • By custardy 7th Mar 18, 12:42 PM
    • 33,453 Posts
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    custardy
    I'm on the side of reality.

    Numerous times a consumer is in the right but a company will ignore them and say OK take us to court because they know 99.9% of people won't.
    Originally posted by Mr_Singleton
    Got any posts on the forum at least?
    Dont recall seeing any following your version.
    • Mr_Singleton
    • By Mr_Singleton 7th Mar 18, 3:11 PM
    • 824 Posts
    • 1,654 Thanks
    Mr_Singleton
    Well, it being so blindingly obvious that the OP felt the need to ask here would seem to suggest it isn't as blindingly obvious as you and others seem to think it is.

    So, turning the question back to you maybe you'd like to point to any consumer focused contracts i.e Gym memberships etcthat allow you to walk away on change of contract terms?

    I've mentioned this before but it's worth noting again that originally Vodafone? on increasing contract prices mid-term refused to allow people to end there contracts. Was Vodafone? taken to court by disgruntled customers because it was blindingly obvious you could walk away? Errrr no; it was only after customers were 'threatened' with marks on their credit files that the Regulator got involved and required mobile phone companies to allow consumers out after a price increase. Your seeing the same again with roaming it's only after the regulator has got involved have consumers have been allowed to walk away.
    • bris
    • By bris 7th Mar 18, 7:08 PM
    • 7,587 Posts
    • 6,606 Thanks
    bris
    Contracts are legally binding on both parties, a contract can't be altered by one party without the others consent.


    Take mobile phone contracts (and similar), you already signed the contract saying you allow them to make changes so they are not breaking the terms of this contract.


    The regulator stepped in to protect consumers from unreasonable terms they signed up to, because consumers are not savvy with contracts. This is why they ruled out unfair price hikes and made strict limits on what they can hike the price by.


    Now back to the OP, the gym is making an unreasonable demand on them and that's if the contract even allows for this change in the first place which I doubt very much, so they can't do it.


    The OP can then if they so choose demand the contract is honoured or they can hold them in breach of it. if the gym try to enforce the new contract the op can refuse and reach deadlock, this means a court decides, the OP stops paying and the court decides the outcome., it would never get that far.


    So no, you cant compare BT, sky, mobile contracts etc to the OP's because those allow changes and you signed up for them, where the OP's doesn't.
    • kay0601
    • By kay0601 8th Mar 18, 9:31 AM
    • 25 Posts
    • 8 Thanks
    kay0601
    Thanks for the the replies everyone. I was pretty sure I'd be able to reject the new terms and given that I didn't receive any contract when I signed her up, just the direct debit guarantee (I've all the correspondence in a folder because I'm a hoarder) I don't see how they'd be able to argue it was a fair or enforceable change. Either way, I've put notice of 4 weeks in writing to them and explained it wasn't just this that's making me take my daughter out. I'm eagerly awaiting their reply.
    • kay0601
    • By kay0601 24th Apr 18, 8:54 PM
    • 25 Posts
    • 8 Thanks
    kay0601
    Quick update: they tried to argue with me but I stood my ground and they caved in. Or rather, I told them I was cancelling my DD and that I wouldn't be paying beyond my 1 month notice and they never got back to me not did they charge me this month. Unfortunately my friend wasn't quite so firm and she had to pay an extra month amen half because they claimed notice had to run start of the month onwards.

    And on the bright side, my daughter is taking lessons at a council pool for 2/3 the price and is coming along in leaps and bounds already !!!128513;
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