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About Dubs1

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  1. Just for the record and for others who may face a similar situation, I note the following after some research on unfair contract terms and Consumer Regulation (lawresources.co.uk/Unfair Terms - Regulation by statute - Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contract Regulations 1999) The Reasonable Test. I have italicised the last para to highlight that it the party seeking to enforce the contract that has the burden to show it to be fair and reasonable. In other words, in the case of Bannatyne's trying to charge £25.00 admin fee to terminate membe
  2. Thanks Slick. That clarifies things.
  3. Thanks Slick. As I mentioned in post No. 4 above Bannatyne's have now waived the administration charge and the matter is now closed. It seems my arguments, though complex, were effective. Everything after that post is me trying to establish what the actual law is regarding administration fees -- are they penalty fees? - and asking to be linked to the relevant ruling so that I can read it. I appreciate you taking the time to respond and for your guidance and expertise. Dubs
  4. I've read the linked thread and the associated links but can see nothing to do with the lawfulness or unlawfulness of administration charges / penalty charges. The ruling in the Ashbourne case principally appears to relate to contracts longer than 12 months.
  5. Thanks dx. I've read many of Slick's excellent post already, but there seem to be thousands of them. All I want, really, is pointing to case law or the OFT or FCA's webpage where they ruled that admin fees are penalty fees and therefore unlawful. Sorry to be a stickler and a bit anal about this, but I like to have all the facts to hand for use in future situations should one ever arise. Once bitten twice shy and all that. Thanks again, Dubs
  6. Thanks dx100. Can you provide a link or a page where I can read the FCA ruling on this please? I looked at the FCA website and the only thing I could find was that they regarded bank charges as "unnecessary", which is quite a cunning way of cloaking the real meaning, and I guess that form of words was carefully chosen for the benefit of businesses -- in that "unnecessary" means not necessary, which means it is not enforceable in law -- but stated without being explicit about it. It' all seems to be designedly jargonized to cause confusion and uncertainty amongst the public who e
  7. Btw, Bannatyne's insisted upon having a GP letter confirming that there were health grounds to terminate membership. I provided one and regret doing that now. Subsequently, I looked at the OFT /decision / ruling in this regard and there is no such requirement stated on their part. Therefore this is purely a Bannatyne's addition, which is why they include this clause in brackets in their T & Cs numbered 6 (f). (see their website for T & Cs 12 month contract). Inasmuch as GP's charge patients to write letters (in this case £35.00), I would recommend no one agree to this stipu
  8. Thanks, both of you. I really appreciate what you do here. I've been fighting Bannatyne's over a cancellation of membership. I have sorted out the main part albeit after what seems to be the usual protracted resistance and BS, and only have the admin fees issue left to sort (they argued that I had to pay an extra month's membership fee in addition to the one month's notice I gave them, but I've seen them off on this nonsensical argument) I have told them that under the terms of their contract - which states that I must pay a "reasonable administration charge" - that £25
  9. I would be grateful if anyone here can give me a brief outline of the actual law relating to gym's that attempt to charge an administration fee (£25.00)? Am I correct in saying that this is legally defined as a penalty fee and therefore unlawful and can be safely ignored? Thanks in advance for any help provided. And might I say what a wonderful resource this forum is. All power to your elbow. Dubs
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