Bannatynes mis-sold me memberships

[jennewstart]

Hi, yes this is a "Letter Before Action" letter. I will follow it to court, I will be scared but its got to be done, Im not going to give in and pay this money.

Thank you

x

[slick132]

Hi Jennifer,

 

I see in post #17 above, you said you'd report any ongoing collection activities to the CEO (Duncan Bannatyne).

 

However, after seeing how he treated a cancer sufferer/survivor in this Daily Telegraph-reported case, I wonder if this would, in fact, do you any good - http://www.telegraph.co.uk/health/healthnews/8896311/Cancer-survivor-banned-from-Bannatyne-gyms-after-court-case.html

 

Have a read and let me know if you think a complaint to Mr B is going to help you. If so, I'll suggest a brief letter to send.

 

[jennewstart]

.....Oh, maybe not then. It doesnt look as if Mr D is a very sympathetic man then so I wont bother wasting my time writing a letter directly to him. I will just wait and see if I do infact receive a court letter and if so, I would be really grateful if you could help me out with the defence

Thank you

xx

[slick132]

If it ever gets that far, we will certainly offer you all the help and support that we can.

 

[jennewstart]

Morning everyone,

 

I received another letter yesterday from Bannatynes saying that:

 

Further to the recent "Notice Of Intention To Issue A County Court Claim" sent in relation to an outstanding balance held agaist your membership, as no payment has been received to settle the account we write to advise that our Courts Department may now seek to recover the balance through the County Court.

 

We would prefer to resolve this matter prior to any further action being taken. Currently a balance of £435.00 (husbands letter says £653.27) is held outstanding against your membership. As a gesture of goodwill, we will offer a 20% discount reduction on this balance providing this is received in full in 14 days of this letter.

 

As you know, I am not going to pay this due to the fact I strongly feel we were missold this, so shall I reply to this?

 

Thank you

Jen

xx

[locutus]

Further to the recent "Notice Of Intention To Issue A County Court Claim" sent in relation to an outstanding balance held agaist your membership, as no payment has been received to settle the account we write to advise that our Courts Department may now seek to recover the balance through the County Court.

 

We would prefer to resolve this matter prior to any further action being taken. Currently a balance of £435.00 (husbands letter says £653.27) is held outstanding against your membership. As a gesture of goodwill, we will offer a 20% discount reduction on this balance providing this is received in full in 14 days of this letter.

 

They also MAY dress in drag and do the hula.... Just saying.

[slick132]

Hi Jennifer,

 

I suggest you reply saying:-

 

I refer to your letter of xxdate regarding court action.

 

I will not be paying the full amount, a reduced amount or any other amount, for reasons which I have already stated.

 

So, if you wish to take court action, please feel free to do so without waiting for your 14 day deadline to expire.

 

Yours faithfully

 

Edited December 11, 2012 by slick132
typo

[jennewstart]

Brilliant, thank you Slick, you are such a good help in this. I sent that reply 1st class recorded yesterday x

[vickydavies]

hi, read all this with interest. Please keep us informed on what happens. I was thinking of joining them but certainly will not now. I hate how they do this and rope people in to costly memberships on false grounds.

[slick132]

Hi Vicky,

 

We can only hope that Bannatynes and other gyms will recognise that the attitude of them and their admin companies will stop folk joining or staying with gyms.

 

[jennewstart]

Morning everyone,

 

Just thought I would update you all by letting you know that Ive not received anything from Bannatynes since December. I am quietly hoping they are not pursuing this any further, but another part of me is thinking - maybe a court letter will come through my door at any point

 

Jen

xx

[locutus]

I think any threat will be empty. In your place I would welcome them taking court action rather than living with uncertainty as they have little to zero chance of success.

 

From your 1st post they clearly mis-sold this, and any judge will see this. Their arguments are all flawed as if they did provide what was promised you'd still be using the gym.

 

Forget these fools, move on and if they do rear their ugly head we'll cross that bridge when we come to it.

[slick132]

Hi Jen and I agree with Locutus.

 

........ but another part of me is thinking - maybe a court letter will come through my door at any point

 

Jen

xx

 

Exactly 4 months ago in post #23 they said they were going to start legal proceedings and despite subsequent similar threats, they've haven't taken any action. Their threats appear to be hot air.

 

Don't worry about this any more - if they take court action, we'll give you all the help we can.

 

It may also be that Bannatynes are now trying to be careful about their actions. The OFT have closed their investigation into 3 of the big players on the understanding that they agree to treat members more fairly - http://www.consumeractiongroup.co.uk/forum/showthread.php?384697-Gyms-forced-to-end-unfair-exit-clauses-in-contracts