Cancelling a years membership -Parkwood Leisure

[Willo53]

Hi All,

 

I recently paid a cheque for £370 for 12 months member at Parkwood leisure which is owned by the local council but Parkwood run the business. Now when I asked to pay for 12 montsh they didn't really know the process or the cost (so I gather its not the norm) and I signed no contract either.

 

Now I recently received flyers through my door offering the same gym for only £26.00 a month which works out cheaper than my full 12 months payment!

 

In short, I want to cancel anyway as the gym is not very good and its open to public for 'free days' for kids and OAPS which if fine but it just makes it very overcrowded.

 

Can someone advise what my rights are before I wade in and request for a refund for what months I still have remaining??

[slick132]

Hi Willo,

 

We need a bit more info here.

 

You say the gym ".....didn't know the process or cost....."

 

So how did you come to write your cheque for £370. I mean, how did this come about.

 

Did you write the cheque at the gym or send it somewhere.

 

Did you log onto any computer sign-up system at the gym or use the internet at all to join, perhaps by simply ticking a box.

 

Have you a membership card and did you sign FOR this when you got it.

 

Even though you say you didn't sign an agreement as such, you may have entered into a contract. I suggest you ask for a copy of the gym's T&C's and look for info about cancelling.

 

Your case differs to most that we see here, which involve a DD for monthly payments. In that scenario, a "member" can stop the DD, leaving the gym to prove that there is a valid contract and that the payments are enforceable.

 

In your case, you already paid the full £370 and it would therefore be down to you to prove that you are entitled to a refund of some or all of it.

 

[Willo53]

Thanks,

 

It was verbal conversation with the receptionist on the desk over the phone. They asked their manager how much I would need to write a cheque for years membership and £370 was given as the total. The monthly subscriptions was roughly £35, so I gatehered I was getting a small discount.

 

I then joined and paid the cheque over the counter. I was then issued with a membership card and that was that.

[slick132]

Hi Willo,

 

If you want to cancel the membership, I suggest you put briefly in writing your concerns or complaints.

 

You should mention the fact that you feel your enjoyment of the facilities is spoiled by the numbers of users that have free use, when you expected a degree of exclusivity having paid so much for your membership.

 

Mention that the gym gave you no contract, you have signed no agreement and you'd like a copy of their T&C's.

 

You may find something in the T&C's that'll be helpful in cancelling.

 

[Willo53]

Hi Slick,

 

There t + cs are:

 

C. expressions Health and Fitness membership sales

 

1. This package is offered for a minimum of 12 months. Members can pay either by annual subscription in advance, or pay monthly by Direct Debit. For granting this credit, members pay an additional 10% charge which is incorporated in the Direct Debit payments.

2. If you wish to terminate your Direct Debit membership agreement during the first 12 months you must do so in writing to the Centre where you joined the expressions membership scheme. A single cancellation fee equivalent to 2 monthly payments will be required. Annual memberships are non refundable.

3. Direct Debit Payments will continue beyond 12 months until such time as you advise us in writing of your intention to cancel. Please notify us at least 14 days before

 

I am moving down south in less than 3 weeks and I still have 9 months on my contract to run. Is there nothing I can do to force their hands considering I signed no contract and was not briefed on the conditions before I parted with my cheque?

 

All suggestions all very welcome.

 

Thanks,

 

W

[slick132]

Hi Willo,

 

Did you write to them along the lines suggested by me in post #4 above. If so, how did they respond.

 

Can you confirm where and when you got these T&C's from exactly.

 

I assume no signed contract has turned up as you never actually signed one but please confirm.

 

If this is the case, I think they should have supplied you with either a contract or their T&C's shortly after you "joined". This would have alerted you to the non-refundable Annual M/ship and you could have argued about this earlier into the contract.

 

Although this may not be directly applicable to your own m/ship, I will seek advice about them charging an extra 10% if you pay by monthly DD. This sounds like a charge for credit and I'm not sure if they can do this without a Consumer Credit License.