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Tommo25

Notice of Intention to Issue a County Court Claim

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Hi All, hope I'm posting in the right area.....

 

Anyway, my wife and I joined Bannatyne's gym on 4th December 2007. Usage of the gym dropped off (doesn't it always!) so I wrote to Bannatyne's on 1st November 2008 advising them of my intention to leave on 1st December. I dropped it off at Reception only to be told I had to give 90 days notice, not 30. This annoyed me as we hadn't been told this when we joined. I checked when I got home and it does say this in the small print on the back of the membership form. Anyway, I paid December's direct debit then cancelled it. I had a couple of phone calls from them in Dember and January telling me I still had to pay, but I told them that as far as I was concerned, I had signed a 12 month agreement and had now fulfilled it. I received an invoice from them on 21st April 2009 for membership subscriptions for the period Jan 09 to Mar 09. I immediately wrote back and said that I had cancelled my membership as of December 08 and far as I was concerned this matter was closed. I didn't receive a reply until today when I opened a 'Notice of Intention to Issue a County Court Claim' for the 3 month subscription.

 

Where do I stand with this? For starters, if I gave 30 days notice instead of 90, surely they can only be chasing me for 60 days - not the invoiced 90 days? I feel very strongly that I fulfilled my obligation to a 12 month contract and so shouldn't be getting penalised.

 

The 'Notice of Intention to Issue a County Court Claim' was dated 3rd July but only arrived today (8th) so I have until Friday to respond.

 

Any assistance would be gratefully received.

 

Thanks,

 

Tommo.

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How many payments did banantynes take?

Does it say on the contract what happens after 12 months is up, ie rolling 30 days membership until further notice?


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FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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Just checked my membership form and it says membership commenced on 01/01/08 (December's payment was taken direct from my debit card).

 

It says

 

'The membership is for an initial period of a minimum of 12 months, and unless terminated in accordance with the terms of this agreement shall continue thereafter.

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 after the date of commencement.'

 

I paid Jan 08 - Dec 08 via direct debit (12 payments in total) + Dec 07 payment in cash (effectively).

 

Thanks,

 

Tommo.

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so 3 months if taken from November is actually until February or January so technically you might owe 1 month or 2 months payments at most. Might be worth asking the question over the cancellation date since you did cancel it and even with 3 months that isn't March.


.

FSA Waiver on Bank Charges:http://www.fsa.gov.uk/pages/Doing/Regulated/Notify/Waiver/pdf/dir_quart_0709.pdf

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