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Cancelling with Nuffield - **CASE WON** !!


BennyC
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Hi,

 

I think I already know the answer/solution to this but I'll go ahead anyway...

 

I moved to a new area in October last year and joined the local Nuffield gym in January, signed up for 12 months and started using the facilities. Around April/May when the temperature began to increase it dawned on me that the air conditioning was absolutely useless and the sun would shine in through a wall of windows turning the gym into a green house. The air con system is not what you would find in an office but more the type you would see in a sports hall or swimming pool, more of a ventilation system than air conditioning.

 

Either way it doesn't work and was far to hot to train in there.

 

I spoke to reception who informed me one months notice was required to cancel. I fired them an e-mail notifiying them I wished to cancel and would like them to waive the one month notice as I did not deem it fair that I would have to pay for facilities I cannot use. I mentioned If they could reply before the next debit is taken I could cancel the debit directly with my bank. I heard nothing back so cancelled my debit at my bank.

 

I since received a letter stating they could cancel my membership from when my contract period ends in January 2013 and that their engineers had been notified and were fixing the problem. A problem that was an inherent inadequacy of the system in place so much so that instructors their confirmed it was pants.

 

So I replied by e-mail expressing that this would never been remedied and I would never be satisfied and if he (the gym manager) could use his managerial discretion to make an exception and terminate my membership with immediate effect I would be grateful.

 

I received no reply so presumed everything was hunky dorey. But since received one or two letters requesting payment for £53 (one months charge) and that if it was not received it would be passed to their solicitors. I received a letter from their solicitors this week for the balance of £106 (two months charge) and 7 days to make payment or further legal action etc.

 

My lodger happened to have done this with them also and said they eventually stopped chasing.

 

So do I respond by recorder letter reitterating I am repudiating the contract and keep hassling the manager to make an exception? Ignore the letters? or settle up the remaining 6 months £318?

 

There is the option of freezing the membership but this required one months notice and would effectively just extend the termination date of my contract.

 

I would really like not to pay them (out of principle) but am aware I signed a contract but can't use their facilities as it is simply too hot and actually dangerous for me to train in those temperatures.

 

Thanks in advance,

 

Ben

Edited by BennyC
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moved to the gym forum

 

plenty of threads here for the exact same issue

 

have a read

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Benny and welcome to CAG

 

As DX said, there are many similar threads here that you should read.

 

In your case it's clear there was a 12 month agreement, due to run to Jan 2013. If you feel unable to use the facility due to the high temperature and lack of air con, you have a right to complain about this. The questions are :-

 

1. Did the gym respond to your cancellation letter in a reasonable time.

 

When did you send your cancellation and complaint letter and when did they reply ?

 

2. Did they repair the air con to make the facility acceptable to use in the summer months.

 

Did you ever return and see if the repair had made an acceptable improvement ?

 

Who is demanding payments and which sol'r has contacted you.

 

You'll see from other threads that gyms add admin fees when payments are not made on time but these are effectively penalties and are not enforceable. Ignore the demands for now, until we decide how best to respond to the gym.

 

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1. Did the gym respond to your cancellation letter in areasonable time.

 

I believe so yes however it was an e-mail and the response time (letter) from memory was aroundone and a half to two weeks.

 

When did you send your cancellation and complaint letter and when didthey reply ?

 

The e-mail was sent in the penultimate week of May and I received a letterthe first week in June.

 

2. Did they repair the air con to make the facility acceptable touse in the summer months.

 

They claimed to have called in their contractors to rectify the problem.

 

Did you ever return and see if the repair had made an acceptable improvement?[/Quote]

 

No, I probably should have however. I know that as long as that particular system is in place it will not be effective. As mentioned instructors there made it obvious it was common knowledge that the A/C was useless

 

Who is demanding payments and which sol'r has contacted you.

 

I believe it is C.A.R.S demanding payment and Coleman CTTS Solicitors who Ireceived the first letter from on Monday 11th September dated the 4thSeptember with a 7 day time frame. A bitlaughable as it has already exceeded the suggested 7 day repayment time framejust getting to my letterbox! In their letter they suggest contacting ( I can’tremember the words used) either CARS of Nuffield to repay the debt or furtherlegal action may be taken.

 

You'll see from other threads that gyms add admin fees when paymentsare not made on time but these are effectively penalties and are notenforceable. Ignore the demands for now, until we decide how best to respond tothe gym.

 

Thanks :-)

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Hi Benny,

 

The problem here is that you assumed the AC would would not be capable of providing an environment suitable for you to use. You haven't been back to check.

 

I assume others continue to use the gym in the summer months. Do you have any condition which puts you at risk or makes you feel uncomfortable if you exercise in a warmer environment.

 

You also only gave them (I assume) 7 to 14 days notice of cancellation before cancelling the DD mandate. I think it would have been better if you had offered to pay one month's fee as reasonable compensation for breaking the agreement.

 

See the letter here that offers to pay a month's fee but the offer is only open for a limited time, after which you withdraw it. You can adapt and send to the gym - http://www.consumeractiongroup.co.uk/forum/showthread.php?353762-Credit-Resolution-Services.&p=3869490&viewfull=1#post3869490

 

Mention that the staff agreed that the gym was simply too hot when it was sunny and that you could not continue to use the facility.

 

Send it by Rec'd Del'y and send the Sol'rs a copy by ordinary 2nd class post.

 

Ignore CARS.

 

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I know my course of action wasn't the most favourable but can't change that now unfortunately. Thank's I'll give that template some work and mention hyperhydrosis which I did suffer from in my teens.

 

How does this look?

 

12th September 2012

 

Dear Richard,

 

I refer to the first letter I have received fromColemans CTTS Solictors demanding payments in respect of my membership at NuffieldGym, which started in January 2012.

 

In May 2012, I requested to terminate my membership as I found the conditions and training environment, in respect of the air conditioning, unsatisfactory. I was told one months notice was required by a member of your reception team. I wrote to you explaining my frustrations and disappointments and that I did not deem it fair to have to pay one months notice for facilities I could no longeruse due to my hyper-hydrosis exaggerated by your inadequate cooling system.

 

It was therefore a shock to have demands for £106.00 from Colemans CTTS Solictors arrive through my door this week after previously receiving no reply to my request for use of your managerial discretion to make an exception inlight of my situation. I believed this had been resolved.

 

I now feel that it may have been reasonable for me to pay the one month's notice required from May 2012 on the premise that the remaining term of my contract be terminated.

 

Accordingly and withoutprejudice, I now offer you £53 being one membership month's fee in full and final settlement of all amounts owed to Nuffield gym. If you accept my offer within 14 days, I will pay you and bring an end to this matter.

 

If you fail to respond within 14 days or insist that I pay any more, my offer will be withdrawn and I will not communicate with you further.

 

You can, of course, take court action against me if you wish but it will be vigorously contested. The membership agreement will form a poor basis for any court case and, following the High Court ruling against Ashbourne ManagementServices concerning cancellation, my chances of successfully defending are excellent.

 

Please ensure that no further demands are issued by you or Colemans Solictors whilethe matter is in dispute. Colemans will receive a copy of this letter to notify them of our correspondence. Any demands received by me will be referred to the OFT.

 

I await your response.

Regards

Ben

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Forgot to add in that the staff confirmed my observations:

 

In May 2012, I requested to terminate my membership as I found the conditions and training environment, in respect of the air conditioning, unsatisfactory. The inadequacy of your cooling system was confirmed by a member of staff and I was told one months notice was required by a member of your reception team. I wrote to you explaining my frustrations and disappointments and that I did not deem it fair to have to pay one months notice for facilities I could no longeruse due to my hyper-hydrosis being exaggerated by your inadequate cooling system.

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Having just looked at the letter from Colemans CTTS Solicitors it states 'Important - please note all paymenst and responses must be made to our client at: C.A.R.S PO Box 6520 etc etc'.

 

So in light of 'ignoring C.A.R.S' should I sit tight for the mean time?

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Hi Benny,

 

Apart from typos, your letter looks fine except I would omit the paragraph that says, "You can, of course, take court action ......... etc".

 

In view of your comment about the sol'rs, send the copy to CARS but don't have any other contact with them just now.

 

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Hi Benny,

 

Apart from typos, your letter looks fine except I would omit the paragraph that says, "You can, of course, take court action ......... etc".

 

In view of your comment about the sol'rs, send the copy to CARS but don't have any other contact with them just now.

 

:-)

 

Success!

 

I received a letter a couple of days later stating they had reviewed my letter and will accept payment of £53 to settle my account.

 

So I called to make payment but just thought I would check before I handed them my card details the amount they were going to take.... £425! So I informed them of the leter etc and said to call me back. They left a voicemail apologising and saying £53 will clear my account and I can call back to pay.

 

Sending them a cheque instead :roll: (sent recorded and have asked them to confirm in writing it has been received and my account cleared and terminated).

 

Thanks for all your help, very much appreciated. Looks like they were obviously pleased to get something and for the sake of £53 they'll be off my back.

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Hi Benny,

 

You've made a very wise move to pay by cheque. If they'd taken the £425, you'd have had a hell of a job getting it back and would most likely have to take court action.

 

This is an excellent result !!

 

Thread title changed to reflect your **WIN** :whoo:

 

If you can manage a site donation, it'll help us be here for the next gym's victim ! :oops:

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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