Fitness First debacle!

[LadyJones]

Hi ThereI'm new to this forum so hopefully i'm posting this in the right place! Ok this is my consumer problem.

 

Last December I joined Fitness First Cardiff, unfortunately in June I lost my job due the company I worked for going into liquidation. I rang Fitness First head office who said they could drop my membership to £9.99 per month until my circumstances changed. I received no confirmation of this change, but I was told I would not be able to use the Gym whatsoever.

 

I have since discovered that they debited £29.99 for both Nov and Dec, I had no prior notification that this would happen.

 

When I rang to cancel my membership altogether they said very blatently that my account was only on a 'freeze' and by doing so I had extended my membership for another 5 months.

 

I wrote a letter of complaint and attached the letter from the liquidators to prove I had lost my job... at the very least I would have expected notification that I could resume use of the gym again. I have threatened them with Trading Standards but I really don't think this makes any difference.

 

I have also told them that i'm making a note of the length of time it is taking them to respond to my emails. I know that if i cancel my direct debt they'll take the funds from the credit card details i provided when I signed up.

 

I have asked for a recording of the phonecall to see if they really did say my account would be 'frozen'.All I want now is for Nov & Dec to be credited to my account and for my membership to be cancelled. They refused this and said the only way of cancelling is if i pass my membership over to someone else, quite frankly i'd never recommend this company to anyone.

 

On a data protection note - one of the instructors continually emails about his classes - however instead of blind copying everyone in he cc's everyone in the group, thus sharing my email with hundreds of others - i wouldn't want him in trouble personally but it's just another gripe I wondered if i could use as ammo.

 

Any help much appreciated!

Edited December 29, 2011 by slick132
Put in paragraphs to make easier reading

[acutetomato]

Are you aware of THE OFFICE OF FAIR TRADING v ASHBOURNE MANAGEMENT SERVICES LTD ~ worth reading, if not.

 

http://www.bailii.org/ew/cases/EWHC/Ch/2011/1237.html

 

OFT press release here:

 

http://www.oft.gov.uk/news-and-updates/press/2011/92-11

 

and Q&A here:

 

http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-completed/ashbourne/ams-qanda

[LadyJones]

Thanks acutetomato I'll have a read through those, much appreciated.

[ims21]

Thread moved to correct forum

 

ims

[slick132]

Hi LadyJones and welcome to CAG

 

The AMSL High Court case will have some relevance to your case so please read it. Also read other threads here about Fitness First and other gyms - you'll be amazed at just how many customers are upset with the gyms and their admin companies.

 

I'd cancel the DD immediately or they'll keep taking payments ad nauseum.

 

I doubt they'd attempt to take any payment using your credit card. If they do, you can get this back if you didn't specifically agree to any ongoing payments with the card. You should write to your CCard provider and confirm that you have NOT authorised any payments to be taken by Fitness First beyond xxdate when you paid to join. This should cover you from the CCard angle.

 

1. What was the minimum term you signed up for.

 

2. Where did you sign up.

 

3. How did you sign up - eg using their on-line system in the gym; by filling in paperwork in the gym; etc.

 

4. Do you have a copy of the m/ship Terms and Conditions. If so, what is said about freezing or postponing m/ship.

 

Ask the instructor guy to please stop using your email address publicly. This will NOT provide you with any ammo.

 

Also, they will probably NOT have a recording of the call and, if they do, they're unlikely to let you have a copy.

 

As soon as they find the DD mandate has been cancelled, they'll be on to you pronto and you'll also be contacted by either ARC or CARS, both of whom are poorly-run DCA's. You can, and should, ignore contact from them regardless of their meaningless threats. Just keep a note of the time and date of any call which you get demanding money about this.

 

[LadyJones]

Hi Slick132 thanks for your help, hope this reply makes sense as I don't appear to to have posting permissions to write in html so have usind the bb codes, here goes!

 

Answers to a few of your queries below

I'd cancel the DD immediately or they'll keep taking payments ad nauseum.

 

If I cancel the DD immediately the t/cs i signed gave my cc details as alternative payment - shall i still contact my cc provider to tell them not to authorise payment?

 

1. What was the minimum term you signed up for.

 

12 Months, Joining date 9.12.10 membership start date 31.12.10 Direct debit start date 15.01.112.

 

2. Where did you sign up.

 

at the gym itself

3. How did you sign up - eg using their on-line system in the gym; by filling in paperwork in the gym; etc.

 

I filled in paper work

4. Do you have a copy of the m/ship Terms and Conditions. If so, what is said about freezing or postponing m/ship.

 

Yes - I will attach them - nothing in there on freezing accounts - only arrears.

Ask the instructor guy to please stop using your email address publicly. This will NOT provide you with any ammo.

 

Done

Also, they will probably NOT have a recording of the call and, if they do, they're unlikely to let you have a copy.

 

They appear to know when I rang, this is their response:

 

Thank you for your email. Your membership details have been escalated to me as a senior manager. You spoke to my colleague on the 23rd of June, and it was explained to you that your membership would be frozen until the end of October. It was also explained that if you wanted to extend the freeze you would have to get back in contact with us. Full payments have resumed, but we will be unable to refund the payments for November and December. If you know anyone that would like to take over your membership, we can transfer the membership to them for £10. We are also able to place the membership back on a freeze for £8.95. As previously mentioned this would extend the minimum term of your membership. If you would like to discuss the matter with me please call me back on 08444 122 661, or reply with a convenient time I can call you.

 

As soon as they find the DD mandate has been cancelled, they'll be on to you pronto and you'll also be contacted by either ARC or CARS, both of whom are poorly-run DCA's. You can, and should, ignore contact from them regardless of their meaningless threats. Just keep a note of the time and date of any call which you get demanding money about this.

 

I'm a bit worried about this sort of harassment, has anyone on here actually been taken to court/threatened with CCJ's etc - my credit rating is great and I don't want this to damage it.

Fitness First TCs.pdf

[slick132]

Hi LadyJ,

 

I have just read Fees and Charges Section 1.10, where they say they require a 2nd payment card in case your primary payment method fails.

 

Accordingly, you should contact the bank quickly, confirm you are in dispute with the gym and confirm that you specifically instruct the bank NOT to pay any amount which the gym try to take on your cancelled Direct Debit mandate or on your 2nd payment card.

 

According to Section 3.3 of the T&C's, you were entitled to freeze the m/ship for a minimum of 2 months up to a maximum of 12 months. Nothing is said about them taking full payments again after 4 months as they describe in their email reply that you've set out in post #6 above.

 

Therefore, unless they can prove you were informed during a tel con or in writing that :-

 

1. The freeze was initially only for 4 months and

 

2. You were required to contact them to extend this freeze and

 

3. That full payments would be taken from Nov'r 2011 onwards .....

 

..... I think they are in breach of your agreement and this could be the grounds you need to cancel.

 

I would therefore write to FF's head office by Recorded Delivery saying :-

 

Dear sir or madam,

 

I refer to the matter of my membership being frozen from June 2011.

 

Because you started taking full payments from me using the Direct Debit mandate without my permission to take payments in excess of what I understood you would take, I consider this matter to be in serious dispute. Accordingly, I require that you immediately refund to my bank account £40.00 being £20 taken in November and in December 2011 in excess of the agreed monthly amount of £9.99.

 

If you fail to refund these amounts immediately, I will raise a formal complaint through my bank for the return of all monies taken without authority.

 

If you believe you informed me that the monthly fee freeze was for four months only. I require proof that you informed me by phone or in writing that :-

 

1. The freeze was initially only for 4 months and

 

2. I was required to contact you to extend this freeze and

 

3. That full payments would be taken from November 2011 onwards.

 

Yours faithfully,

 

Amend this to reflect your version of events in case I have got anything wrong and see how they respond.

 

Read up on the issue of complaining about DD payments that have been wrongly taken, and how to get them refunded through your bank.

 

[LadyJones]

Thanks so much for your detailed response. I have contacted the bank this morning. I wrote a letter ready to send but yours is way more structured. will let you know how things turn out and will also have a read up on the dd info. As I recall the conversation was that the monthy payment would only be around £2.50 but the first would have an admin charge sonid be interested in hearing the call!

 

Hi LadyJ,

 

I have just read Fees and Charges Section 1.10, where they say they require a 2nd payment card in case your primary payment method fails.

 

Accordingly, you should contact the bank quickly, confirm you are in dispute with the gym and confirm that you specifically instruct the bank NOT to pay any amount which the gym try to take on your cancelled Direct Debit mandate or on your 2nd payment card.

 

According to Section 3.3 of the T&C's, you were entitled to freeze the m/ship for a minimum of 2 months up to a maximum of 12 months. Nothing is said about them taking full payments again after 4 months as they describe in their email reply that you've set out in post #6 above.

 

Therefore, unless they can prove you were informed during a tel con or in writing that :-

 

1. The freeze was initially only for 4 months and

 

2. You were required to contact them to extend this freeze and

 

3. That full payments would be taken from Nov'r 2011 onwards .....

 

..... I think they are in breach of your agreement and this could be the grounds you need to cancel.

 

I would therefore write to FF's head office by Recorded Delivery saying :-

 

Dear sir or madam,

 

I refer to the matter of my membership being frozen from June 2011.

 

Because you started taking full payments from me using the Direct Debit mandate without my permission to take payments in excess of what I understood you would take, I consider this matter to be in serious dispute. Accordingly, I require that you immediately refund to my bank account £40.00 being £20 taken in November and in December 2011 in excess of the agreed monthly amount of £9.99.

 

If you fail to refund these amounts immediately, I will raise a formal complaint through my bank for the return of all monies taken without authority.

 

If you believe you informed me that the monthly fee freeze was for four months only. I require proof that you informed me by phone or in writing that :-

 

1. The freeze was initially only for 4 months and

 

2. I was required to contact you to extend this freeze and

 

3. That full payments would be taken from November 2011 onwards.

 

Yours faithfully,

 

Amend this to reflect your version of events in case I have got anything wrong and see how they respond.

 

Read up on the issue of complaining about DD payments that have been wrongly taken, and how to get them refunded through your bank.

 

[LadyJones]

Dear Slick132I just wanted to send a quick thank you note. I followed your advice, contacted my bank to cancel the dd, and block the credit card, and followed it up with the letter detailing all accounts, also sent it recorded delivery as per your instructions. Fitness First in Cardiff rang me to say that they had received my letter and that my membership had been cancelled. I asked would I receive in writing they said no, only by email (i've not received an email as yet). They also did say they would be asking for one final payment but i've heard nothing since, so hopefully no news is good news.I have recommended CAG to all my friends and family, what a great service. Thanks!

[slick132]

Hi LadyJ and thanks for the update.

 

Re the "one final payment" that they want, check your bank a/c carefully to see they don't take this without your authority.

 

See this thread where they've just raided another CAGgers a/c using the "2nd payment method".