Jump to content


  • Tweets

  • Posts

    • Hi all, We bought a part to fix our washing machine approx 13 months ago direct from the manufacturer of the washing machine via phone. This part then failed 13 months later, as confirmed by their own engineer, who was sent by the manufacturer (who is also the retailer for the part) FoC. The engineer actually installed a replacement part, the machine came back to life, but they then removed the part as "we would be charged for it". The retailer are refusing to replace the part, stating that they only warranty parts for 90 days. When I stated that I believed the Consumer Rights Act gives me longer than that, they insinuated that it did not, and this was repeated by many representatives. AIUI for goods bought more than 6 months ago, I need to get an engineers report to confirm the part has failed? Or that it has failed due to manufacturing issues? Or would the companies own engineers report suffice? Thanks, GH
    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
        • Like
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
        • Like
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Bannatynes Gym 3 month cancelation period


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4702 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I'd like to share my experience with Bannatynes gym and the 3 month notice period that they rigidly enforce.

 

I had been a member with Bannatynes Crewe for 5years and then decided to leave in 2008 mainly due to being umeployed and skint. Like most on here I hadnt been made aware of the 3 month notice period and to be honest had not looked at paperwork since I first joined. They initially did send me a few letters reminding me and requesting payment but I replied saying that it was unfair considering the length of time I had been a member. They didnt pursue it any more. A year latter I had found a job and decided to go back again and re-join.

 

I went a long in August 2008 and sat down with one of their members of staff who explained that the had a deal on with ex-members where you didnt have to pay any joining fees. I made it clear that the only thing I wasnt happy with was the 3 month notice period, to which he said that because i was an ex member so long as I did 3 months membership up front that I didnt have to give 3 months notice. He even wrote on my contract (and I have carbon copy, see attached a copy) that i was an ex-member and that the 3month notice and 12 month contract did not apply.

 

To cut a long story short I lost my job in October 2010 and decided to leave Bannatynes and cancel my DD. I did write a letter out of courtesey advising them but did not think there would be an issue due to what I had agreed to. I then got a series of letters saying that I owed 3 months membership for the 3 month notice period. I have replied telling them that I don't owe a thing and have sent copies of my contract. They then now invoiced me saying that I owed them for the 3 month period. Once a agin I replied and actually spoke to one of their head offiice staff and explained what I had agreed to when I signed up.

 

They are now saying that the person who signed me up is no longer there and they can not be accountable for what he said/did and that the writing on my contract means that as an ex-member I am not required to fulfill a further 12 month contract and that the 3 month notice period would still apply. This is not what I agreed too or was told at the time when I signed up. They have given me 14 days to cough up or they will take further action.

 

I am going to tell them again that I wont be paying and I intend to stick to my guns on this. If they take me to court then I will argue miss-representation/miss-selling gym membership to me.

 

Your thoughts and advice would be welcome.

 

Thanks

Contract_b.jpg

Link to post
Share on other sites

Hi Unhappy and welcome to CAG

 

The image of the contract is too small to be read. Can you repost it after reading this guide - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Alternatively, can you confirm exactly what is written at the top of the new contract.

 

Basically, I think the terms added at the top of the contract will be binding whether or not the staff member still works there. He was a representative of the gym at the time you re-signed.

 

8-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

I also would like to see what it says on the contract.

 

I'm with Slick on this, they can't get out of it because someone no longer works there. If that were the case then a million contracts in all sorts of businesses would be voided because someone had left or died.

The aircraft carrier contracts are to be carried through because of penalties, but if what they are trying to claim is true, then Cameron could just ditch them as Brown no longer works there.

 

The only action they will carry out will be a default with credit reference agencies. You should mention to them that if they try this then 'you' will take 'them' to court as well as reporting them to the OFT.

 

You should also ask them to quote in which contract regulation it says that about not working for someone any longer.

Link to post
Share on other sites

Ok thanks, I wiill try again with attachement.

 

Cheers.

 

Update: got reply to e-mail from OFT/consumerdirect and they say that I may have case for miss-representation/miss-selling contract to me, which is what I will pursue. I am not imagining what was said and neither lieing, otherwise I would not have rejoined/agreed to 3 months notice. They say onus will be on me to prove and only proof I have is my carbon copy of contract. I will keep you posted.

 

Contract_c.jpg

Link to post
Share on other sites

Hi Unhappy,

 

I can now see the writing at the top of the agreement, but can you confirm what the abbreviations means where it says:-

 

"No 3/f "

 

8-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi,

 

I am not sure its also could be 3/P. He has abrieviated member as well. When I was signing up he was refering to because I was an ex-member I did not having to give 3 months notice so long as i was a paying member for 3 months at the start of my membership. I was most speciffic on not agreeing to the 3 months notice otherwise I would not have signed and certainly not agreed to anything if I knew they were then going to renege on what was said. I will argue my side if they take me to court. the fact that something is writen is proof enough. I did not imagine or make up what he said and that is what I agreed to when I signed the agreement. I'm also asking my solicitor for some feedback.

 

If the guy hadn't of written on the contract I would not have had a leg to stand on.

 

Cheers.

Link to post
Share on other sites

Hi Unhappy,

 

Having looked at this again, I think it actually reads as " No J/f " referring to No Joining Fee. Would this make sense, given the discussion you had at the time.

 

In which case, the annotation added by the gym's representative says you are an ex-member and, as such, you are:-

 

1. Not being charged a Joining Fee.

 

2. Not bound by a 12 months agreement or contract.

 

The gym will no doubt continue to argue that you are bound, by the contract, to pay 3 months' fees if you cancel (during the first 12 months of the new contract).

 

But, IMHO, the wording of the annotation says that there is No 12 months contract and I think the gym would be unlikely to have this agreement held to be enforceable if they dared take it to court.

 

Stick to your guns and maintain that the contract is clearly annotated by a gym representative in a manner which, although ambiguous, clearly suggests that there is, in fact, no 12 month contract at all.

 

You should keep a check on your credit reference files if they say they will mark this against you. If you find they have posted any adverse data or threaten to do so, see the penultimate para in this letter that I drafted for RosieJ - http://www.consumeractiongroup.co.uk/forum/showthread.php?291124-Ashbourne-management&p=3272444&viewfull=1#post3272444

 

8-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Noted.

 

Hope you've looked at the link I gave to RosieJ's thread.

 

8-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

You really need to know which CRA they used and if you ask, then they 'have' to tell you.

 

I know that experion has a trial and if you cancel before that trial expires then it costs you nothing. You do have to give them payment details as they hope that you won't cancel and then I think it's about £6 per month. If you write to them then it is a one off payment of £2.

Link to post
Share on other sites

Yup, Experian offer a 30 day free trial with their Credit Expert offer [Weird TV ad campaign] but it's £6.99 pm after that so make sure you cancel carefully.

 

The companies concerned are Experian, Equifax and Callcredit.

 

8-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

***UpDate*****

 

Just had another letter from bannatynes:

 

 

Bannatynes_Reply_letter_2_b.jpg

 

I gave them a call and spoke to the woman I spoke to last time. I repeated that I was prepared to take this all the way and tried to talk sense with them. Reminded them that over the years I had spent around £2500 (so they are not at a loss) with them and that they were not honouring the terms/agreement I joined (at the time of signing) under. They are still saying that they are not accountable for person no longer there (typical!) and I am still bound by 3 month notice in T&C's (although these refer to a 12 month contract that seems to contradict the NO 12 MONTH CONTRACT scralled over my agreement). Apparently they don't amend individual contracts (errr, excuse me but isn't that what you have done in this case??). Even their replies contradict themselves.

 

So why don't they have a sticker or something with what they really mean so that the can ammend contrcacts in a more professional way (or even a seperate agreement for ex members?) without relying on the representative scralling on them??

 

She also said how else could Bannatynes make any money? Well if they did honour what I thought I had signed up to then I dont owe anything. They are just being greedy and trying to squeeze every last drop of money out of people who have been good customers and been good payers.

 

They have lost me as a potential customer, lost any business from me with anything else asscociated with Bannatynes and nethier would I recomend them to anyone else. It's a disgrace how they treat their customers and ex-customers. I have been miss-sold my membership and if they valued their customers they would honour what was agreed and if anthing offer me an appology for miss-selling to me, but no all they worry about is lining their pockets.

 

Duncan Bannatyne is the man that wouldn't waive a £10 a month gym fee for a cancer patient, sold "free" Kellogs bars to gym members, makes his own staff bring their own pens to work and doesn't like any critisisms of his hotels (all of which you can read on the web). look at the term "without prejudice save as to costs" on the letters that I have recieved. The words tightfisted come to mind. You can picture him in his ivory tower counting his pennies.

 

I'll let you know when the court papers come in the post...

Edited by Unhappy_ex_gym_member
Link to post
Share on other sites

Nothing new really, either in their letter or the discussion you had with them.

 

They have a really weak case against you IMHO and are very unlikely to take any court action. If they do and you defend, you should win.

 

However, it's more likely that you will now be bombarded with more demands.

 

I'd simply reply saying they are wrong in their assertions and you won't be paying any more. Remind them that further demands will be reported to the FOS for formal investigation.

 

8-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Slick,

 

thanks mate. Just one question, are you sure FOS is correct or did you mean OFT? FOS seems to be more for banking /finance firms.

 

Cheers!

 

PS heres my draft reply:

 

Without prejudice

 

 

Dear Sir,

 

 

I am writing in reply to your recent letter. I would like to correct your assertions:

 

 

Firstly, It appears that your representative has miss-sold my gym membership and I have been coerced into agreeing to signing by miss-leading me (Supply of Goods and Services Act 1982 & Misrepresentation Act 1967). To say that this person no longer works there and that you cannot be accountable for his actions is simply nonsense. They were in your employment at the time and acted on your behalf. Therefore by law you are very accountable.

 

 

Secondly, they have clearly written on the agreement that there is NO 12 MONTHS CONTRACT. Unfortunately you cannot now retrospectively say that what has been written actually means something else in your favour. I was told verbally at the time that the 3 month cancelation period did not apply but also according to what is written there is no 12 months contract, how can conditions that relate to a 12 month contract be enforceable? You say that Bannatyne’s don’t amend individual contracts but in this instance your representative appears to have done precisely that by writing on the agreement. You even contradict yourselves.

 

 

Thirdly, I’m actually disgusted by the attitude of Bannatyne’s towards its customers/ex-members. Rather than threatening me with court action you should be apologising to me for being miss-sold my membership and trying to correct your damaged reputation. It appears that you are more interested in dishonouring your agreements and lining your pockets rather than good customer relations. Considering the amount of money (approx £2500, so you are not at a loss) that Bannatyne’s have had out of me over the years I would have thought there would be some good will. However it just confirms the true nature of your business.

 

 

To make my position clear, I do not agree to your claim and will not pay any further money to your business. If you make, or cause to be made, any adverse credit markers with any credit reference agency, I will take action against you for damage to my reputation. If you are foolish enough to take this to the county court then I warn you now I will defend my case as I have very strong grounds to dispute it.

 

 

Due to your treatment of me I will make it my mission to never spend a single penny more with your company (or associated businesses), recommend your companies and negatively promote (within the law) your business by publicly declaring my experiences. This will cost you more than the amount you are trying to claim from me in loss of business. I will also be making a formal complaint to the OFT (Office of Fair Trading & Trading Standards).

 

 

I trust I have made my position clear.

 

 

Yours sincerely,

Edited by Unhappy_ex_gym_member
Link to post
Share on other sites

Hi Unhappy,

 

No, I meant the FOS as they deal with individual complaints.

 

The OFT don't deal with individual cases, only great big ones like taking the banks to court over unfair bank charges (and then losing!!).

 

The OFT are also, this week, starting their High Court action against Ashbourne Management, famous for their 36 month contracts which the OFT say are actually credit agreements.

 

So amend your letter to show you'll complain to the FOS, and fire it off !

 

8)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

*****Update*******

 

Here is the latest response by e-mail I have had back from Bannatyne's:

 

Dear Mr

Thank you for your email dated the 11th March 2011 in relation to the cancellation of your membership with our Health Club.

In relation to your first point, we have no evidence to support your claim that you have been miss-sold your membership. It is unfortunate that we are unable to speak with the member of staff who you signed with, however the membership terms and conditions clearly state, the cancellation procedure which you have acknowledged that you have read and agreed to when signing the membership agreement.

Secondly we have already confirmed that unfortunately we are unable to make comments about a conversation that only you and person no longer in employment with Bannatyne Fitness Ltd were privy to. We do allow previous members to rejoin with various benefits including not having to stay for a minimum term, however they sign an agreement to confirm they still have to honour the terms and conditions of using a Bannatyne Health Club including the required 3 months written notice to cancel the membership.

Although we have no evidence to support your claim and we have a signed contract confirming you have agreed to the notice period required. We will as a final gesture of goodwill reduce the remaining contractual amount by 50% and therefore a settlement of £67.50 is offered to bring this matter to a close.

We can confirm that no further offers will be made and should you decide not to make payment within 7 days this matter will be taken further.

Yours sincerely

Membership Administrator

Without Prejudice

Link to post
Share on other sites

Hi Unhappy,

 

Are you willing to pay the reduced sum to bring this to a close ?

 

If not, write back and say:-

 

I refer to your email of xxdate.

 

Whether you like it or not, your company representative clearly marked the top of the membership form "Ex Mem[ber] - No 12 month contract"

 

If you believe you have a case against me, take the matter to court as I will not pay you under any other circumstances. Any court action will be vigorously defended and will generate adverse publicity for your organisation.

 

If you are not willing to take court action, please confirm the matter is closed.

 

I will not be bullied or intimidated. Any DCA collection activity will be reported to the FOS. I will also write to Mr Bannatyne's office direct to ask why he is willing to allow his business to represented by you in this manner.

 

If any adverse credit data is posted about me by you or parties acting on your behalf, I will take court action against you seeking damages, citing the case of Kpohraror -v- Woolwich Building Society.

 

As you are not discussing a negotiated or reduced payment, don't mark this particular email Without Prejudice

 

8-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi guys,

 

thanks. I'm not sure yet and going to sleep on it. However I know exactly what was said by their rep and what I thought I was agreeing to. Something did take place because the guy wrote on the document. Out of principal I don't like being miss-led. My only concern is how a judge would deem it?

 

I will of course keep you posted.

 

Cheers!

Link to post
Share on other sites

Take your time - it's your neck on the line.

 

Although I'm certain this would never find it's way anywhere near a court room.

 

8)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Guys,

just to let you know I have decided to see this through and so have sent a recorded delivery letter (based on what you said above Slick).

I've also been looking at Contract Law and found some interesting info (look at contract law express terms). :-)

I could have taken the easy option and took the 50% but I am adamant on what was said/agreed. Out of principal I am not letting them get away with extorting money. Bannatyne himself stands up for his principals.

Fingers crossed, I will keep you updated.

Cheers.

Link to post
Share on other sites

  • 2 weeks later...
  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...