Fitness First - unfair notice of fee increase?

[plimsol]

Hi,

 

I'm after some advice about how to proceed with FF.

 

Background

I cancelled my membership in December after the fee increase notice they sent out coming in to effect in January(which I gather most members of FF received); I did this in the gym and was told I wouldn't have to pay for January so cancelled my direct debit. I recently received a letter from head office saying that I owed for January. I phoned up proceeded to have a 'discussion' with one of their credit people that I considered it unfair that I should follow the T&Cs regarding membership cancellation dates when they, in my opinion, haven't followed the T&Cs and given me a month's notice of the fee increase. So I refused payment.

 

I then wrote them a letter and told this to them, citing up the The Unfair Terms in Consumer Contracts Regulations 1999 and that I think they are in breach due to the fact that they sent out their letters on 30th November and thus there was no way I was notified with 1 month, as it was impossible for the letter to reach me in time. I have since received a final demand for payment prior to forwarding on to a debt collection agency.

 

Question

Have FF gone against trading standards or regulations by sending out these letters on the last day of the month with the intent of giving a month's notice? And if so, can I use this as reason not to pay the 'extra' month that resulted? I don't really want the debt collectors after me, so can I keep things in play without that happening? It's not a case of a large amount of money, but on principle I believe they should be called to explain their actions.

 

Thanks

[rebel11]

Hi plim

 

Welcome to CAG

 

The guys will advise as soon as they are available.

[slick132]

Hi Plimsol,

 

If you read other threads here, you'll find many that refer to FF as well as other gyms that folks are having problems with.

 

This one, in particular, may be of interest to you - http://www.consumeractiongroup.co.uk/forum/showthread.php?290534-Loz-v-Fitness-First-re-Gym-Membership

 

8-)

[plimsol]

Hi Slick,

 

thanks for that link, that thread deals with my problem exactly - I'll shift over to there

 

cheers

[slick132]

Hi Plimsol,

 

Noooo !!

 

Read other threads to learn about other cases but use THIS thread to discuss your own case. Otherwise we end up with cases being mixed up and threads being hijacked.

 

I see you've posted on Loz's thread which is fine and you've had a useful reply.

 

8-)

Edited January 25, 2011 by slick132
added

[plimsol]

so i spoke to a legal advisor, they reckoned that my argument using the Unfair Terms in Consumer Contracts Regulations 1999 wasn't going to be much good. In fact, she said that whatever the fault of FF in their failure to give notice, they still are within their rights to expect the notice period in the contract. Not what I wanted to hear. She thought the best I could argue for was not to pay the fee increase.

FF still haven't responded to any of my letters. Last I heard they were giving me 7 days notice before sending me on to the debt collectors. I suspect I will hear from CARS any day now. I will give them a ring tomorrow to see if they will acknowledge anything, but to be honest in the face of the advice I've had I can't see much point in carrying this game on.

[slick132]

Hi Plimsol,

 

I wonder if the CPUT Regs 2008 may offer you help. See here - http://www.consumerwiki.co.uk/index.php/The_Consumer_Protection_from_Unfair_Trading_Regulations_2008

 

Sections 1,2 and 3 may be relevant.

 

Was the Legal Advisor from CAB or elsewhere.

 

Gyms, their Admin Companies and the DCA's that act for them are having an increasingly hard time now. The OFT case against Ashbourne Management will, I'm sure, have a significant impact on the way gyms run their m/ship admin in the future.

 

If you feel you are being unfairly treated, fight them. They may threaten court action but I've not seen any cases go to court apart from individuals taking court action AGAINST the gym or Admin Co.

 

The only thing to watch out for is the posting of any adverse data on your credit files. Keep an eye out for this and, if they do this, challenge them vigorously.

 

8-)

[plimsol]

Hi Slick,

 

the legal advisor was from DAS through my home insurance. What do I need to be careful of regarding my credit files? I haven't looked at them for a couple years; once something is on there will I be able to get it removed? That's what bothers me most about a DCA chasing me. Whether I'm in the right or wrong, I could get lumbered with something on my history which I can't really afford to have on there.

 

thanks, though, that's an interesting set of regs. I may change tack on my argument and see if this can be acted on by the OFT.

 

cheers

[slick132]

Hi Plimsol,

 

You can get a copy of your credit file by sending a request and paying £2 to Experian, Equifax or the other one (that I can't recall just now).

 

You can also get a free 30 day trial on-line with Experian but you have to ensure you cancel in accordance with their requirements or you WILL be charged.

 

You will be looking for any adverse data posted by the gym or their administrators, saying you are in arrears. If something is posted incorrectly, you can challenge it and get it removed. However, this may take some time and effort on your part.

 

8)

[plimsol]

well I decided to pay them the final month of membership, it was at the original rate and not the increased rate. Unfortunately now isn't a good time for me to take risks with my credit rating plus as an obsessive it was preying on my mind a bit much - which is annoyingly part of their tactic!

 

I would still like to take action against them; does anyone know if the OFT has any teeth if I make a complaint? Or is there any mileage in trying to claim off FF?

[slick132]

Hi Plimsol,

 

The OFT don't deal with individual complaints - that would be the FOS.

 

Personally, I don't think it 's worth your while making a formal complaint. You chose to pay, so now enjoy the peace of mind, knowing this is dealt with.

 

8-)

[plimsol]

thanks for the advice slick.

 

It disgusts me that companies like FF get away with what they do - they aren't worth my time or energy. I'll just have to take satisfaction that they will never have a penny of mine again and will lose far more revenue in the long run through my bad mouthing than they gained from me through their petty money grabbing