Hi Slick, thanks for your reply. Bannatynes eventually just gave up and I never heard from them again. Ok I have saved another version of T&C's. Also when I joined I did ask what the notice period was and was told it was 2 months. Cheers.

Hi, I hope someone can help me. I am querying my membership T&C's (see attached for Alveston Hall Crewe/Warner Liesure). Although it says that I am agreeing to be a member for 12 months (clause a) there is also a clause ( d ) stating that you can give two months notice to terminate. I have been a member now for 6 months and I am considering giving my notice due to a change in personal circumstances. To me It is unclear if you are tied in for a year or it is possible to leave. I would be grateful of your advice. Thanks

Ok mate I won't worry about it and I am ignoring them now. I did say I would keep people updated because it maybe helpfull to others. Cheers!

Ok mate. Just to clarify they are refering to the invoice they sent me that clearly says Nov 2010 to Jan 2011. I hear what you say but The first incident is not the issue (as I explained I dealt with it at the time). I also stand by the fact they have'nt pusrsued it since. Why not?? That would be an awkward question to answer. I don't really want to get into a war with words with you. I appreciate your comments but the issue is what they are currently pursuing.

Hi, thanks for your take on things but I am certain that this relates to my last contract with them as they have reffered to the specific contract. Previously I wrote a letter stating how long I had been a member (over 5 years) and that at the time it was not made clear about the three month period, I also argued that having been a member for so long it was unfair to expect such a notice period. I also did say that If they didnt pursue it I would re-join again, which I did. As I said It went quite so I considered that matter to be dropped. It would be very awkward for them to now try to retrospectively claim. How would they explain the the fact they didnt pursue it? I also think they had a problem with their older contracts as it is different to the latest one. I also remember something about this being said by the OFT at the time. I have'nt written Bannatyne himself yet, but I will be now. Not sure if it will actually get to him anyway as these sort of things are usually intercepted but will give it a shot. I'm quite certain now they probably wont be foolish and try to take to court because they have'nt as yet. I would still fight it anyway. If you look at this latest paperwork its not issued by a court but has come form Bannatynes. Its just another scare tactic to get me to cough up. Ive previously told them to take me to court and stop just threatening. Just as a matter of interest I was enquiring at another local club and one of the first things the woman I spoke to pointed out was that there was no tie in and just a 1 month notice period. If only others would take note...

********** Update ************ Heres the latest from Bannatynes:

**Update** Here's the latest letter to come from Bannatynes. T&C's 6.d says "The member may cancel the membership by giving 3 months written notice to terminate the membership, and such notice may be given at any time after the end of the ninth month from the date of commencement of membership"

**Update** Here's the latest letter to come from Bannatynes.

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.

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!

*****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

Hi Slick, thanks and I've sent it off in recorded post today plus e-mailed them. Cheers!

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,

***UpDate***** Just had another letter from bannatynes: 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...