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  1. Hi All, Just had a quick read of the other threads but haven't found anyone in this exact situation. Background: I signed up to Bannatynes back in Nov 18. Living in Edinburgh and starting a new job in Livingston (right next to the Bannatynes) I was delighted to find that both gyms were in the same "tier" for cross usage. I was given the tour by the membership girl who told me all about this and advised me to sign up online (weird? they're usually very pushy to get you to sign there and then). When I went to do so I noticed that it was £3-4 cheaper per month to sign up at Edinburgh as opposed to Livingston, even though I would be using Livingston more often... no brainer. I signed up to a 12 month membership. I then used both gyms without fail for around 2 months until mid January when attempting to enter the Livingston gym for the first time in 2019 I was told rather abruptly that Livingston price had increased and in turn they had gone up a tier, therefore I was not allowed entry as I was a member in Edinburgh, which is a now lower tier. I was told if i wanted to continue using Livingston I would have to upgrade my membership at an additional cost of £10 per month. I called head office and received the following response: Having read their terms and conditions, I then went back to them with the following: They have now replied to me by telephone and essentially told me the following: Cross usage is offered as a gesture of goodwill. Tiers may be subject to change without notice; Written confirmation did not need to be provided as I am a member at Edinburgh not Livingston; My notice to cancel has been refused as this does not come under any of their "valid reasons to cancel" They have offered a reduced "upgrade" of only £5 per month extra ​ I have been more than fair with them on the phone and said I am happy to give one months notice and pay any reasonable admin fees. They have escalated this to their manager who has declined my offer to cancel. I am now not sure what to do next. It seems I have the following options: Not upgrade and only use Edinburgh (not practical); Upgraded and continue using Livingston (don't want to pay any extra); Cancel DD and face the consequences (unsure exactly what could happen); Try to claim I am relocating outside a 15 mile radius of any gym; Repeatedly break gym rules until they cancel my membership. Any advice would be much appreciated. Thanks, Craig
  2. Hi, I am having a problem with Bannatynes in Crewe and a debt collector called ARCEurope. I was a former member at Bannatynes and they are claiming I owe them money (£77.31), hence the debt collector who has been in touch. I have attached some documents for you to look at. Do I cough up the money or do I stand my ground? I would appreciate some advice on what to do. Thanks Bannatynes complaint.pdf
  3. Hi, Never done one on these before so not sure how to begin. I joined Bannatyne's on a 12 month contract for the gym I think I may have been 6 months within my contract and then due to relocation I wanted to cancel my contract. I sent bannatynes an email on the 16th April expressing I was relocating therefore out of courtesy I would make one final payment in May of £35 and cancel my direct debit. I had an email saying I could freeze my account or pass my membership on, but no one wants to buy a contract for a gym from someone & I was in no position to freeze my account. I then received a telephone call from my local branch at bannatynes where they asked about my direct debit I explained I paid 1 month notice and cancelled it due to relocation I was informed in the call that my account would be closed and no further monies would be required due to my relocation I was even wish the best in my travels. Thought nothing more of it, over a year down the line and ACR contact me saying I owe £255. I asked for them to retrieve telephone recordings, they wouldn’t, they told me to contact bannatynes and pay £10 under an act. Bannatyne’s have already told me they don’t have branch telephone recordings. ACR advised if I provided proof of relocation that the fees would be waived. I provided a letter from my cousin to show of my temporary relocation - still not good enough. Due to the relocation being temporary I had no bills in my name. I was quite upset I’d put my faith in to a bannatynes staff member and now this. Any help would be really appreciated. Thank you
  4. I informed (in writing) my local Bannatynes gym I was leaving. I was under the impression that under the new OFT ruling the cancellation period was 30 days. This would have meant my contract ended on 14 February. However I received a letter from Bannatynes informing me my membership would not end until 28th February as its 30 calendar days. When I called Bannatynes they explained this was in my contract. I'm sure I have the contract somewhere so I haven't checked yet but surely any ruling would supercede this? I know it's only 14 days but I've already made plans to join another gym on 14 Feb and do not wish them to overlap. Is the 30 day calendar rule valid or is this another case of them trying it on?
  5. I have been trying to join Bannatynes for a while, myself and my wife are keen to sign up on a joint membership in the Dunfermline gym. We have been asked to pay 100 pounds a month for on peak in total for a joint membership, this is an awful lot of money and I don't see how Bannatynes can justify this amount in the current climate and id be surprised if many if any sign up on those terms!. Off peak is not an option which im sure is the case for 90% of working families! Is there anything you can do to challenge this ridiculous monthly fee?, has anyone else been asked to pay such a silly amount of money at Bannatynes?
  6. HI can anyone tell me how i go about cancelling bannatynes membership. who do i email or write to, i was given an email address which is for my gym, or they said i could either write a letter and bring it to them, i thought maybe i had to write to head office or email head office. Dont really trust those workers at the gym might not do what they say they will. Or am i doomed and have to go through the gym im joined too. Im aware of the 9 month thing and will have to still pay for another 3 months and by reading some posts. I actually wanna get the letter in before the end of the 9 month cause i read a post where he was told he didnt give them a full 30 days notice, some weird thing like that.
  7. Hi, Can someone please help me with cancelling memberships with Bannatynes which I feel I have been mis-sold. The reason I feel this is because when we went in for the intial chat and look around, I specifically asked: 1. Are the childrens clubs full ? (this is a huge thing for me as I didnt want to be paying £12.50 per month for my 5yr old daughter is going to be alone) I was told "yes, they are really popular" 2. Are there any inflatables in the pool for my child? I was told.... "no, but you are more than welcome to bring your own" 3. So, we can attend anytime at the weekends and bring my daughter swimming?... "yes, of course you can" 4. The supervised swim sessions which run twice a week, does this mean I can leave my 5yr old daughter there to be supervised while I work out?....... "yes, thats correct" So, I agree to memberships for myself, my husband, my 16yr old daughter and my 5yr old daughter. Since then it has become apparent that: 1. My 5yr old daughter is nearly alone in the kids classes 95% of the time. 2. No inflatables are allowed in the pool so all my 5yr old can do is hold onto the side for the whole time we are in the pool as its too deep for her to stand up and she cant swim. 3. No children are allowed in the gym before 2pm anyday of the week. My daughters went there one Sat morning and were told they are not allowed in. 4. Supervised swim means the child has to be accompanied with an adult if they cannot swim. This does not mean that there will be someone in the pool with them, it simply means there will be a personal trainer walking aorund the pool at these times. I really feel I have been mis-sold these memberships, so I wrote a letter to Head Office explaining this and had a reply saying that "as a goodwill gesture" they will cancel my two daughters memberships but not mine and my husbands. I replied stating that I only joined due to the childrens facitlites and that I was led to beleive that we could work out every day for an hour while my child was in the "popular" kids clubs which run for one hour per day and also we were of the opinion we could swim all day everyday at weekends if we wanted. They have today replied saying that "members are given the opportunity to ask questions relating to the contract until they feel comfortable to the obligations that they are about to commit themselves. It is ultimately the responsibility of the member to ensure that they understand all terms relating to the membership" So basically, I am determined to reply, but I need to word it correctly and would appreciate any help please. Thank you Jen xx
  8. Hello All, Back in October, I joined the local Bannatyne's Gym for the reasons people usually join gyms. I thought I'd be fine to pay the £37 charge for the 6 month contract. Sadly in December, my hours at work were cut and so the gym was the first thing to go. Since then, Bannatyne's have sent me two letters asking for the money, which I accept they are fully owed and I am fully prepared to pay. My only issue is, I cannot pay the whole amount upfront. Does anyone know if Bannatyne's accept payment plans? I have drafted them a letter explaining my circumstances and offering to pay £20 a month until my debt is fully paid off.
  9. Hi there Here's a summary of my situation: - Joined Bannatynes in 2008, 12-Month Contract. £39/month for Multi-Gym Membership (Base gym in Skelmersdale) - Moved to Manchester in 2010. Started to use the Manchester gym which was fine under my multi-gymmembership. - As it wasn't my base gym I had to sign in everyday which took about 10 mins as they also had to call skelmersdale to verify my account - I did this for a long time as they wouldn't let me transfer to the manchester gym even though it was the only one I was now using - I told the guys in manchester and skelmersdale that I wanted to be transferred to the manchester gym and taken-off multigym as I was sick of signing in everyday. They told me I couldn't because it was a different membership system and that I would have to cancel my current contract (with a 3 month cancellation period) and then re-sign up to manchester - I told them this wasn't fair as all I want to do it transfer gyms. I had been paying £14 more than the ppl using the manchester gym and told them this thinking my Loyalty might be noticed. - I said I would leave the gym if I couldn't be transfered because it was ruining my gym experience (having to wait 10 mins each day) and was paying a lot more money than everyone else there who were using the same services. They couldn't care less! - Anyways, I told them I was cancelling and stopped my direct debit. They are now chasing me for the three months cancellation £117. - My contract does say I would have to give three months (I have recently been through the contract) - I feel that I will have to pay this even though I wasn't happy with the service and eventually didn't have any enjoyment from going - I have been ignoring their letters to date. What will happen if I keep ignoring? Can this affect my credit rating or can they make a default agaisnt me? Thank you Ryan
  10. HI Help rquired please. Having stopped using the club due to money trouble, we have now received an invoice for £600! from Bannatynes, staing that this is as per terms of the agreement. I looked at my agreement and there is no amounts on the invoice, or that the remainder of the membership would become due? I have no idea what the amount relates to. Can you help as they have stated breach of contact? Help please as im not sure how they can charge me £600 for services I havent used? help me please thanks Le
  11. I am thinking about sending this letter to Bannatynes as they are threatening to take me to court. Please let me know what you think. Thank you. Without prejuice : I am writing to express how very disappointed I am with your company. I feel you have failed to address my complaints, and your use of heavy handed collection techniques which I believe have no place in the business of dealing with consumers, as stated in the unfair contract term act 1977. I feel no contract has been broken myself, as I have signed no contract with you. so no terms and conditions were told to me. I believe I need a membership card with a picture of myself to use your facilities I have not received or used, ( i.e set foot in your gym.) I contacted yourselves to cancel my contract within 14 days of the contract starting, stating that I myself did not sign the contract which was in my name. I was informed that I was unable to cancel as it was a 12 month contract, which was very strong. I contacted Sue Roberts the club administor of Ashford kent branch and left messages but received no reply. So i feel that unfair terms in the consumer contacts regulations were have been apposed upon me, so will not stand up in a court of law. I will defend my case and costs will be awarded to me. So far I have paid £480 for faciilties i have never used, didn't sign a contract for and didn't want. As a good goodwill gesture I would have imagined Bannatyne's Health club would have at least changed the membership into my wife's name so she could at the very least use the facilities i was paying for. This was not the case. After speaking with your company several times about the fact that the contract is in the name of Mr x, but not signed by the same name, i would now like a copy of this contract sent to me along with my membership card, which up to this point i have never seen. Please understand that i have tried to resolve this matter with yourselves on several occasions, but since you have now threatened me with a CCJ, i feel i have exhausted every avenue with you. Please find enclosed copies of some case law that i have found relevant to this case, which i am sure the judge will find most useful. For the measure of damages in contract, see 12 Halsbury's Laws (4th edn) paras 1174-1176 and for a case on the subject, see 17(2) Digest (2nd reissue) 248, 1271. Cases referred to in judgments Addis v Gramophone Co Ltd [1909] AC 488, [1908-10] All ER Rep 1, HL. Bank of New South Wales v Milvain (1884) 10 VLR 3, Vic Full Ct. Bliss v South East Thames Regional Health Authority [1987] ICR 700, CA. Brown v KMR Services Ltd [1995] 4 All ER 598, CA. Davidson v Barclays Bank Ltd [1940] 1 All ER 316. Evans v London and Provincial Bank (1917) 3 LDAB 152. Gibbons v Westminster Bank Ltd [1939] 3 All ER 577, [1939] 2 KB 882. Hadley v Baxendale (1854) 9 Exch 341, [1843-60] All ER Rep 461, 156 ER 145. Heron II, The, Koufos v C Czarnikow Ltd [1967] 3 All ER 686, [1969] 1 AC 350, [1967] 3 WLR 1491, HL. Joyce v Sengupta [1993] 1 All ER 897, [1993] 1 WLR 337, CA. Monarch Steamship Co Ltd v Karlshamns (AB) Oljefabriker [1949] 1 All ER 1, [1949] AC 196, HL. Parsons (H) (Livestock) Ltd v Uttley Ingham & Co Ltd [1978] 1 All ER 525, [1978] QB 791, [1977] 3 WLR 990, CA. President of India v La Pintada Cia Navegacion SA [1984] 2 All ER 773, [1985] AC 104, [1984] 3 WLR 10, HL. Rae v Yorkshire Bank plc [1988] BTLC 35, CA. Rolin v Steward (1854) 14 CB 595, 139 ER 245. Wilson v United Counties Bank Ltd [1920] AC 102, [1918-19] All ER Rep 1035, HL. Cases also cited or referred to in skeleton arguments Hill (Christopher) Ltd v Ashington Piggeries Ltd, Christopher Hill Ltd v Fur Farm Supplies Ltd (Norsildmel, third party) [1969] 3 All ER 1496, CA; rvsdsub nom Ashington Piggeries Ltd v Christopher Hill Ltd, Christopher Hill Ltd v Norsildmel [1971] 1 All ER 847, [1972] AC 441 HL. Marzetti v Williams (1830) 1 B & Ad 415, [1824-34] All ER Rep 150, 109 ER 842. Prehn v Royal Bank of Liverpool (1870) LR 5 Exch 92. Seven Seas Properties Ltd v Al-Essa (No 2) [1993] 3 All ER 577, [1993] 1 WLR 1083. Victoria Laundry (Windsor) Ltd v Newman Industries Ltd (Couldson & Co Ltd, third party) [1949] 1 All ER 997, [1949] 2 KB 528, CA. Appeal and cross-appeal By notice dated 18 May 1994 the plaintiff, Udele Edirin Kpohraror, appealed from the decision of Master Tennant in chambers on 16 February 1994 whereby he awarded the plaintiff damages of £5,500 in respect of an action for breach of contract for wrongful dishonouring of his cheque against the defendants, Woolwich Building Society, contending that he was also entitled to recover special damages for loss of profit on the transaction and on ten further shipments which would have followed from it. By notice dated 7 June 1994 the defendants cross-appealed against the award on the ground that the plaintiff was only entitled to nominal damages. The facts are set out in the judgment of Evans LJ. Daphne Loebl (instructed by Anthony Gold Lerman & Muirhead) for the plaintiff. Katherine McQuail (instructed by Morgan Bruce, Cardiff) for the defendants. Cur adv vult I look forward to a speedy response. Yours Sincerley Mr x
  12. Hi, I started a 12 month contract with bannatynes on the 20th sep 2011. I want to cancel my account ASAP but not sure how to do it after hearing of peoples 'lost' letters ect. So I have a few questions. what information do I need to put in the letter other than my name and cancellation message where do I send the letter/can I just hand it into my local ranch How can I avoid them saying they lost my letter thanks,
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