LA Fitness - **Successful Cancellation**

[noneforit999]

Hello

 

So I visited LA Fitness and asked to do the 3 day trial advertised on their website. The girl said there is a 10 day cooling off period where I can cancel the membership anyway so I figured I had nothing to lose.

 

They make you sign up using a digital signature on a PC touch screen. I went twice but its not as good as I was expecting, its fairly busy in the morning and weights benches (all three of them!) are always busy.

 

Anyway, I phoned up yesterday (on day 8) to cancel and they told me there is no such thing as a 10 day cooling off period but will contact the club and call me back. Anyway, I popped in this morning and the bloke behind the counter said 'Oh apparently there is no cooling off period, I thought it was 10 days'. I told him that doesnt help as his colleague told me there was so I called the membership enquirer number back to be told a manager will call me.

 

Where do I stand on this??

 

The member of staff told me 10 days cooling off and I didn't even get to see the contract until they emailed it to me, after I had signed this touchscreen with my finger.

 

Thanks

[slick132]

Hi Noneforit and welcome to CAG

 

If you read other threads here, you'll find several where I've told the customer that, if they were led into joining a gym due to mis-information given by gym staff, they should cancel.

 

Have a read and you should find them. I may have made reference to CPUTR which mentions consumers' decisions made due to false info from the supplier.

 

I'll put some links here (to relevant threads) later if you have no joy.

 

[slick132]

Hi Noneforit,

 

Please see this post where I referred to the CPUTR (regulations) - http://www.consumeractiongroup.co.uk/forum/showthread.php?402116-Shame-on-David-Lloyd-Gym&p=4336132&viewfull=1#post4336132

 

You were given info by the gym staff which you took in good faith. If that advice was wrong or misleading, then they are in breach of CPUTR as per the linked post above. Accordingly, they should release you from any agreement that you entered into as a result of their staff's wrong advice.

 

You could post a draft letter here so we can amend it if necessary, before you send it to the gym.

 

I suggest you cancel the DD mandate by writing to your bank.

 

[noneforit999]

Hi Both

 

Thanks for taking the time to reply. I sent this email yesterday to their complaints email address in the (unlikely) hope they will concede and cancel the membership.I also visited the gym again and spoke to the manager, she said the member of staff who signed me up is back on Friday so come in and speak to her then......its not like the manager will brief her before I arrive and pretend this is not what she told me when I signed up of course

 

Letter

 

=========================================

 

Dear Sir/Madam

 

I visited LA Fitness in Orpington on Monday 9th September 2013 after registering for a 3 day trial voucher on your website. The female employee who I spoke to advised I was able to sign up for a membership and had 10 days to cancel (cooling off period). I decided to do this because it would have given me 10 days to see if I liked the gym and wanted to continue the membership. The sign up process was completed on a ‘kisosk’ and was entirely done by the female employee, I simply input my signature when requested. She repeatedly advised there was a 10 day cooling off period and I would receive a copy of my contract via email.

 

I then visited the gym twice in the same week but decided it was something I would like to continue doing as the weights area was fairly small and the machines always seemed to be busy. I then called ‘member services’ on Tuesday 17th September to be told I was unable to cancel my membership as there was no such thing as a ‘cooling off period’. I advised the female employee told me there was and the person on the end of the phone stated they would look into it and call me back.

 

I then visited the Gym in Orpington on Wednesday the 18th September (I did not swipe through, the desk person opened the gate) and the person behind the desk said he also thought there was a 10 day cooling off period. He spoke to a colleague and they advised there was not such a thing and they stated they were unable to help me. I then called member services and the lady I spoke to said someone would call me back, which they did and were unable to help me.

 

I feel I have been mis-sold a membership contract on the basis of being told there was a 10 day cooling off period. I will be cancelling my direct debit to prevent any money being taken from my account and will be contacting both trading standards and the office of fair trading to report this matter. It seems to me that either your staff are misinformed about a cooling off period or they are simply coercing people into signing a contract by misleading them with information about a non-existent cooling off period. I would also like to point out that I was not given the ability to view the contract before I signed it and the female employee filled out all my details on the Kiosk machine.

 

I would appreciate a response to this email as soon as possible. If a response is not received within 48 hours, I will print it as a letter and forward it recorded to your head office.

 

Thank you

[slick132]

Hi NFI,

 

As you've sent this already, wait and see how they respond and let us know.

 

Have you checked on the agreement T&C's to see if mention is made of any cooling off period.

 

[noneforit999]

Hi NFI,

 

As you've sent this already, wait and see how they respond and let us know.

 

Have you checked on the agreement T&C's to see if mention is made of any cooling off period.

 

 

Here is their initial reply....

 

Thank you for contacting Member Support.

Please note that we are currently investigating the concerns which you have raised, once I have received further information from the club I will contact you via email.

Thank you for this patience during this time.

Kind regards

The terms and conditions do not mention a cooling off period but when I visited the Gym the evening before last, the manager told me there was a cooling off period but that ended on the 1st September. I recorded this conversation on my phone.

 

Thanks

[slick132]

Hi NFI,

 

While waiting for their substantive reply, have a read here and follow the link to the OFT Article - http://www.consumeractiongroup.co.uk/forum/showthread.php?402937-LA-Fitness-Harlands-Dave-Whelan-Sports-(DWS)-Agree-to-easier-cancellation-rights-with-The-OFT(1-Viewing)-nbsp

 

[noneforit999]

Their reply

 

=====================

 

Dear

 

Thank you for contacting LA Fitness Member Support Team. I am writing in response to your email dated 23rd September regarding your membership at LA Fitness Orpington.

 

After having reviewed your account and the notes made of previous correspondence and conversations I have attached a copy of the signed membership agreement from the point of sale.

 

This confirms that there is no cooling off period applicable if you become a member whilst in the club.

 

Further enquiries made with the club management team have confirmed that all membership sales staff are aware of this policy. Therefore, we regret that we are unable to cancel your membership agreement at this time unless:

 

You have an illness or injury that prevents you from using the club.

You have relocated to a distance of more than 10 miles from the nearest club

You have been made redundant or are suffering from financial hardship

 

If your reason for cancelling your membership falls into one of the above categories we will require relevant documentation to support your cancellation request which should be set to us at the address shown below.

 

Alternatively, you do have the option to do a Member to Member Transfer if you know someone who would like to take over your membership. Member to Member Transfers are free of charge. The person who takes over the membership would be committing themselves to your contract and monthly payments, once this process is completed there is no way of cancelling as no cooling off period applies. If you would like to proceed with this option please call Member Services on 0843 170 10 99.

 

Please accept my sincerest apologies for any inconvenience caused, I can assure you this is not our intention.

 

Kind regards

[slick132]

Letter in response :-

 

Dear sir or madam,

 

I refer to your email of xxdate, the contents of which are both disappointing and annoying.

 

I thought I had already made clear my reasons for disputing the continuation of a 12 month membership. Apparently not, so I will try once more.

 

When I wanted to try the 3 day free trial as shown on your website, your own gym staff told me I could instead sign up for a 12 month membership but cancel within the 10 day cooling off period if I wanted. That suited me fine so I simply did what your staff told me as regards signing up.

 

After 8 days, I decided the gym did not suit my needs and contacted Member Services, who told me there WAS no 10 day cooling off period. I went back to the gym and spoke to a different staff member who also said there was a 10 day cooling off period during which I could cancel at no cost. Only when he spoke to a third person was I told there was no cooling off period.

 

If I had been given the correct information when I enquired about the 3 day free trial, I would not have joined. I have already cancelled the DD mandate as per my last email to you.

 

I suggest you accept that your staff acted wrongly and cancel the membership agreement immediately.

 

If you fail to do this, I will make a formal complaint to The OFT. In particular, I will draw attention to your breach of Section 5, CPUTR 2008 which specifically applies to customers who are led into making a transaction based on incorrect or misleading information provided by a service provider and their staff.

 

Please respond within 14 days or my complaint to the OFT will be made without further notice.

 

Yours faithfully,

 

[noneforit999]

Just sent that reply, thanks

[noneforit999]

Another scripted reply from them....

 

 

Thank you for your recent email.

Having read through our previous email I feel I am only able to reiterate the information already given.

I am sorry if you feel you have been given the incorrect information however I can assure you all staff are fully trained and aware of the correct procedures to follow. I can confirm regular checks are done to ensure our staff are providing the correct information to our members.

Please be advised when signing any agreement it is your responsibility to read through all documentation so you have a full understanding of your contractual obligation. All information is available for you to view on the kiosk when joining therefore I feel we have made you fully aware there was no cooling off period on this occasion.

Unfortunately we are unable to action your cancellation request at this time as you are still within your initial term until 31/08/2014.

Please be advised your account is currently in arrears due to your direct debit being suspended. You are required to pay the outstanding amount of £37.00 and reinstate your direct debit in line with the agreement, to action this please contact our Credit Control department on 01302 892450.

If you require any further assistance please do not hesitate to contact.

Kind Regards

[noneforit999]

Where can I go from here if they are refusing to do anything, despite it being their fault?

 

What if I start getting letters from debt collection agencies and it starts to affect my credit rating?

[slick132]

Hi NFI,

 

You've reached a stalemate and have to decide how to deal with it.

 

Don't worry about your credit rating. Because of The OFT case against AMSL in 2011, CRA's do not report alleged debts for gym memberships and haven't done so for many years.

 

You will get chasing letters from ARC Europe but they have no powers at all. They will make demands for a while but there's very little else they can, or will, do.

 

Our experience here is that no court action will follow, despite repeated threats of it. If you happen to the one case in a thousand where they do take action, we will give you all the help we can to defend properly.

 

I suggest you respond saying :-

 

I refer to your letter of xxdate.

 

I have nothing to add beyond what I have already said and I will not pay you money that I do not owe.

 

Accordingly, I will now make a formal complaint to The OFT.

 

If you want the contact details for someone at The OFT who will log your complaint, let me know.

 

[noneforit999]

Hi NFI,

 

You've reached a stalemate and have to decide how to deal with it.

 

Don't worry about your credit rating. Because of The OFT case against AMSL in 2011, CRA's do not report alleged debts for gym memberships and haven't done so for many years.

 

You will get chasing letters from ARC Europe but they have no powers at all. They will make demands for a while but there's very little else they can, or will, do.

 

Our experience here is that no court action will follow, despite repeated threats of it. If you happen to the one case in a thousand where they do take action, we will give you all the help we can to defend properly.

 

I suggest you respond saying :-

 

I refer to your letter of xxdate.

 

I have nothing to add beyond what I have already said and I will not pay you money that I do not owe.

 

Accordingly, I will now make a formal complaint to The OFT.

 

If you want the contact details for someone at The OFT who will log your complaint, let me know.

 

 

Thanks, sent that email.

 

I have logged something with Trading Standards but would be grateful if you could forward on the OFT contact details.

[slick132]

Hi NFI,

 

I'll fwd you the contact details by PM as they should not be shared on the open forums.

 

[noneforit999]

Success!!!!!!!!

 

I have spoken to one of our Managers within our Member Services Team and it has been agreed that a cancellation can be applied to your membership with immediate effect. Unfortunately, the admin fee in the sum of £40.00 is non-refundable, as this is used to set up your membership and you have used the Club’s facilities. Your first payment in the sum of £37.00, due at the end of September has been waived, as a gesture of goodwill. Therefore, there are no outstanding arrears on your account and the cancellation process has been finalised on your membership account.

 

Cancellation reference : DM1971

 

I apologise for any inconvenience caused and confirm this has not been our intention, wishing you all the very best for the future.

 

Kind Regards

Thank you very much Slick132, I am very grateful for your help on this

[slick132]

Hi NFI,

Thanks for the update and I'm delighted they have agreed to cancel the gym agreement as per their reply.

 

Thread title changed to reflect your win.

 

If you can manage any Site Donation, it will help us be here for the next gym victim.