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Hi,
@ admin, there is already a thread on this, can you delete it please as it is superlong winded and would take an hour to read.
My wife joined a Gym on a 12 month contract. She agreed monthly payments with a company called Leisure Finance.
Quite quickly it became apparent that the club was a dump.
The floor area was not level, many of the machines were not working properly, she was never given an induction and the keep fit classes were repeatedly cancelled without warning.
We have witnesses to support all this!
To briefly summarise this the following is where we are at
~ 6 months in to the 12 month contract we repudiated the contract in writing to both the gym and finance company.
~ the finance company responded (eventually) with a £30 admin fee and have said they will pursue us for outstanding payments
~ the gym refute the allegations. we have spoken to the Manager who refuses to back down.
The contract is to the consumer credit act 1974 and there is a clause that states that if we do not receive suitable service we may sue both the supplier (gym) and the lender (finance company)
I am wondering at this stage if I should pay the finance company off and then sue the gym in the small claims court.
We are obviously worried about getting a bad credit rating.
Any advice would be gratefully received. Thanks
bump. The outstanding debt is only about £130.
It has become a point of principle now, I dont like being threatened and called a liar. I will make a good donation to the site if someone can help me resolve this favourably. thank you
Hi,
Firstly, your wife should have had an induction for Health & safety reasons, unless she signed an agreement opting out.
If the gym failed this, surely you have grounds for the company not fulfilling their obligations to the member.
As with any good or service, you're entitled to what's stipulated in your contract. If that changes - say they remove a service or decide to close earlier - that could be classed as an unfair change, or "non-performance," and you'd have the right to end your membership. But until you've notified them in writing of your intention, you have to keep paying your dues.
The problem with gym memberships is that independant credit companies take over the payments, the gym is paid in full and you pay the credit company, unfortunately for you this means you have more than likely entered a credit agreement, your dispute is with the gym and not the finance company.
Financial
Quite simply, you have to keep paying your dues until your membership ends. Even if you're in dispute with the gym, keep paying. Tell your bank it's "under protest." If you don't pay, you could end up owing arrears, which could even be passed to a collection agency. Another thing to watch out for is automatic renewal, and this is something to be aware of in the contract. Under this, if you don't give written notification of leaving at the end of the membership term, you could find yourself stuck with another year's membership and dues that you didn't want.
you could always tell your wife to go to the gym and trip over on the uneven floor and tell him you are going to claim for injuries, [bad bad, neck injuries etc].
Might be worth reporting him in relation to data protection act, if he holds details of members on file then he should have paid a fee
Section 16 of the Data Protection Act, 1988, requires businesses to register with the Office of the Data Protection Commissioner if they record details on computer relating to the physical or mental health of identifiable individuals.
Complaints
If you have a problem with the gym, try to resolve it initially with them. If that doesn't work, contract Trading Standards. You have the ultimate option of taking them to small claims court if no other resolution is found.
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Re: cancelling gym membership
Originally Posted by dar3n
you could always tell your wife to go to the gym and trip over on the uneven floor and tell him you are going to claim for injuries, [bad bad, neck injuries etc].
It was all good advice up to this point. Do not do this, obviously.
I have spoken to the gym, they refute the allegations. They are hiding behind the finance company.
I am considering paying the finance company off and taking action against the gym as I think this would be the most painless solution??
Paying the finance company off will obviously prevent your credit reference getting smeared.
After all its the guy who runs the gym who you want the money off not the finance co.
Give him a letter before action and inform him that he has 14 days to act before you log your claim with MCOL.
cancelling gym membership
, there is already a thread on this, can you delete it please as it is superlong winded and would take an hour to read.
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Originally Posted by dar3n
