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Bannatynes Cancellation charges

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Hi there


Here's a summary of my situation:


- Joined Bannatynes in 2008, 12-Month Contract. £39/month for Multi-Gym Membership (Base gym in Skelmersdale)


- Moved to Manchester in 2010. Started to use the Manchester gym which was fine under my multi-gymmembership.


- As it wasn't my base gym I had to sign in everyday which took about 10 mins as they also had to call skelmersdale to verify my account


- I did this for a long time as they wouldn't let me transfer to the manchester gym even though it was the only one I was now using


- I told the guys in manchester and skelmersdale that I wanted to be transferred to the manchester gym and taken-off multigym as I was sick of signing in everyday. They told me I couldn't because it was a different membership system and that I would have to cancel my current contract (with a 3 month cancellation period) and then re-sign up to manchester


- I told them this wasn't fair as all I want to do it transfer gyms. I had been paying £14 more than the ppl using the manchester gym and told them this thinking my Loyalty might be noticed.


- I said I would leave the gym if I couldn't be transfered because it was ruining my gym experience (having to wait 10 mins each day) and was paying a lot more money than everyone else there who were using the same services. They couldn't care less!


- Anyways, I told them I was cancelling and stopped my direct debit. They are now chasing me for the three months cancellation £117.


- My contract does say I would have to give three months (I have recently been through the contract)


- I feel that I will have to pay this even though I wasn't happy with the service and eventually didn't have any enjoyment from going :-(


- I have been ignoring their letters to date. What will happen if I keep ignoring? Can this affect my credit rating or can they make a default agaisnt me?


Thank you



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Hi Bentham,


Given the circumstances, I think B's Gym are being their usual unreasonable selves here.


You were long-clear of the minimum m/ship period when it would be reasonable for them to stick to their 3 month's notice requirement. After the minimum m/ship period has expired, the 3 month's notice requirement seems harsh and most likely unfair to you as a consumer.


Strictly speaking, you are probably bound by the terms of the m/ship agreement and you should give them 3 month's notice to quit. However, if you don't do this, are they likely to take action against you - I think there's a possibility but not a probability.


In your case, I would write to them saying :-


I refer to your recent demands for 3 month's fees totalling £117.


I simply wanted to transfer my membership to the Manchester Gym so I could enter the facility quickly without queuing each visit. I also wanted to be paying the same per month as others using the gym, not £14 per month more. You treated me like you couldn't care less if I stayed or left, DESPITE me being a long-term member. This is short-sighted of you and, as a result, you've lost me as a loyal member.


Your requirement that I give 3 month's notice after the minimum 12 month membership period is, I believe, unreasonable in light of Mr Justice Kitchin's High Court ruling against Ashbourne Management Services Ltd last year.


However, I concede that I should perhaps have given you reasonable notice. One month's notice is recognised as reasonable and I therefore now offer to pay you one month's fee of £xx in full and final settlement of all amounts that I owe to you, to end this matter.


If you agree to accept this offer within 14 days, I will pay it.


If you do not accept my offer within 14 days, it will be withdrawn and I reserve the right to ignore further communications from you.



Send to B's HO by Rec'd Del'y and see how they respond.



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