gym membership cancellation (medical injuries)

[slick132]

Hi Neel and welcome to CAG

 

Can you confirm what gym this concerns, what gym admin company manages the m/ship and what DCA has contacted you.

 

Can you look at the m/ship agreement and confirm what is said about cancellation :-

 

1. Specifically in the instance of medical conditions.

 

2. About cancellations generally - ie not medical and not because of moving home.

 

An 18 month agreement is not necessarily unfair or unenforceable. It depends on the T&C's, particularly with regard to cancellation for general reasons.

 

If I think it'll help, I may ask you to send me a scanned copy of the agreement front and back, so I can make a better judgement on enforceability.

 

You should read this thread and follow the links through to the OFT site and opinions - http://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months

 

[slick132]

Ahhh, good old Vale Farm in Sudbury

 

I'll send you a PM so you can send me a copy of the agreement. Hide personal bank details but leave all you can for me to see. The doc't will not be posted on the open forum.

 

If we want it on the forum, you should hide all personal data first but no need for that for now.

 

[slick132]

Hi Neel and thanks for sending me the scanned appl'n form and T&C's.

 

I've gone through them carefully and think you can contest the 18 month contract on several grounds. I suggest you write to the gym admin company, Leisure Connection Ltd as follows if you agree with what I've put.

 

Go through the letter carefully to check the content before sending to LCL by Recorded Delivery :-

 

Leisure Connection Ltd

Potton House

Wyboston Lakes

Great North Road

Wyboston

Bedfordshire

MK44 3BA

 

Dear sir or madam,

 

Membership No: XXXXX for Vale Farm Sports Centre

 

After an injury to my wrist in [month and year], I contacted [the gym/Leisure Connection Ltd] to cancel membership as I was worried about further injury. I supplied a GP's note but cancellation was refused as the injury was temporary.

 

I have taken advice about the membership agreement and can make the following observations :-

 

1. The Terms and Conditions refer to various types of membership for various periods but there is no mention of an 18 month agreement paid by monthly DD's. The agreement given to me by Vale Farm was for 18 months payable by monthly DD.

 

2. Following the High Court ruling by Mr Justice Kitchin in the case of The OFT v Ashbourne Mgt Services Ltd, the judge made clear that agreements for longer than 12 months were unfair to the member and unenforceable if they did not allow for cancellation by the member.

 

3. The agreement does not make reference to cancellation in the event of medical reasons, relocating home or the member's wish to cancel earlier than anticipated.

 

4. The agreement refers to various amounts that must be paid by the member if they cancel :-

 

a) A Fixed Term Membership - payable in advance with no refund as per 3(a) of the T&C's.

 

b) An Annual or a Two Year Membership - payment required for the full initial membership period as per 15© and 15(d) of the T&C's.

 

c) A monthly Membership - one month's notice is required starting from the end of the month in which it is given.

 

As my membership was for 18 months payable by DD, the T&C's of the Membership Agreement cannot apply.

 

Further, 16(b) of the T&C's state, "Where a provision of this Contract is found to be invalid or unenforceable by any UK Court, that provision will not affect the validity or enforceability of any other remaining term of this Contract."

 

I suggest the High Court ruling against Ashbourne Mgt Services Ltd in 2011 set a precedent concerning agreements exceeding 12 months, making them unenforceable where they fail to allow for cancellation by the member.

 

In the circumstances, the agreement governing my use of the gym is not enforceable and I hereby cancel it with immediate effect.

 

Please ensure I do not receive any further demands from Leisure Connection, Vale Farm Sports Centre, Regal Credit Consultants or any other party. If such demands are received, I will report the matter to the OFT who are taking a keen interest in the practices and membership agreements of Gyms and their Admin Companies.

 

Yours faithfully,

 

[slick132]

You should be aware that the admin company, Leisure Connections, are not likely to agree to release you from the agreement and will probably make further demands.

 

They may threaten all sorts of actions including the courts. But our experience here is that most of the threats are just hot air.

 

Court action is very unlikely but, if this happened, we will assist you fully.

 

They may also threaten to post adverse data on your credit files but, since the AMSL High Court case, most CRA's are unwilling to carry any data about gym contracts.

 

Keep us posted.