Bannatynes Gym 3 month cancelation period

[Unhappy_ex_gym_member]

**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"

[slick132]

I really don't think T&C's 6(d) come into it now.

 

You're arguing on the basis that the contract was marked by their staff member "Ex member - No 12 month contract"

 

Dear sir or madam,

 

I refer to your letter of xxdate.

 

I confirm that this matter is still in clear dispute and you must not demand payment or pass the a/c on for other to make demands. Any breach of the OFT Debt Collection Guidelines will be reported to the FOS for formal investigation.

 

The document on which you rely clearly states "No 12 month contract", yet you continue to treat it as though it is a binding contract. I am therefore now taking this matter up with Mr Bannatyne's office direct.

 

I refer you to the last two paragraphs of my letter of xxdate. Do not pursue payments or post any adverse credit data against me, or I will take appropriate action.

 

Yours faithfully

 

I suggest you also now write a brief complaint to Mr Bannatyne enclosing copies of letters and the copy "contract".

 

Ask if he would kindly intervene and call off his collection team. Alternatively, if he feels his team is correct, would he arrange for the matter to be taken to court promptly so the matter can be decided upon by a judge.

 

8-)

[Conniff]

So it's now going to court. I have a good mind to print that letter off and see what odds the bookies will give me on it doing that.

 

It also amuses me that they put 'without prejudice' on their letters, what are they afraid of if they are in the right.

 

Also worthy of note is the Consumer Protection from Unfair Trading Regulations 2008 which states:

 

"If false or inaccurate information has been used in relation to a product or a service, and this information has induced you into a purchase you would not have otherwise made, you can claim that the action was misleading."

Edited March 26, 2011 by Conniff

[Unhappy_ex_gym_member]

********** Update ************

 

 

Heres the latest from Bannatynes:

 

 

[Unhappy_ex_gym_member]

[slick132]

Did you complain to Mr B's Head Office.

 

[Dragons Dennis]

Just read this thread. Let me give you my take on the situation.

 

There are two separate issues of 3 months notice. One dating from 2008 and a second from 2010. Which one are they pursuing you for?

 

The latter of the two memberships they have no claim as, like it or not, a company sales rep changed the contract as a respresentative of the company and thus it is binding. You owe them nothing for this period at all. However, the first period does not sem to have been dealt with unless this is their claim. Your original 2003 contract is important if that is the case. If that says you must give a 3 month notice then tehy have you on that.

 

So, depends on which notice preiod they are claiming for.

[Unhappy_ex_gym_member]

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...

[Dragons Dennis]

Ok. Two ponts then. They have 6 years to pursue any debt, so yes they could pursue they older contract. You have presumed they dropped it as you didn't hear. They probably did, but unless you have something to that effect in writing I woudln't assume so.

 

However on the latest membership they have no chance in court. The debt colectors have no effect whatsoever on your credit rating, so just ignore them and stop wasting your time and effort on this. You have made your case clear to them, let them take you to court. You would win.

[Unhappy_ex_gym_member]

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.

[Unhappy_ex_gym_member]

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!

[slick132]

Hi Unhappy,

 

Dragons made some useful points although I would still make the complaint to Mr B. Your aim here is not only to avoid paying what you don't owe, but also to get these idiots off your back. If a letter to HO achieves that, then I think it's worth doing. Keep the complaint brief and let the copy letters speak for themselves.

 

I assume, from all that you've said about re-joining, that the issue of the previous contract was effectively dealt with by negotiating when re-joining.

 

Dragons is, of course, right about being able to pursue a debt within 6 years although a court should consider whether any action has been brought in a timely manner. In your case, Bannatynes have clearly not wanted to pursue any aspects about the earlier membership period.

 

If you DO decide to write to HO, let us know the response.