Re: LA Fitness Cancellation Problem

[patty39]

Hi Guys, I am currently in a very similar situation to this and was hoping for some advice.

 

Basically in summary I was told verbally when I took out the membership there was a 7 day cooling off period as I was unsure about the membership. I then confirmed this on the day I took it out via email that the 7 day cooling off period was discussed. I then decided to cancel both via email, call and letter to cancel the membership (within the seven days).

 

However I am now receiving calls from ARC etc. I have responded with copies of the emails and letters via email to ARC copying in LA to all correspondence.

 

Do you have any advice for me please?

 

Many Thanks

 

Patrick Hickey

[slick132]

Hi PH and welcome to CAG

 

You originally posted on this thread about a successful cancellation - http://www.consumeractiongroup.co.uk/forum/showthread.php?403540-LA-Fitness-**Successful-Cancellation**&p=4346163&viewfull=1#post4346163 Your post has been moved to your own new thread.

 

Do not speak to anyone on the phone about this. Tell them to put anything they have to say in writing.

 

Post #9 of the linked thread refers to s.5 CPUTR 2008 and you can use this to argue your case.

 

However, I suggest you do nothing more for now except wait. Let us know what they send you next and we'll advise from then onwards.

 

Don't worry about them adding admin fees - they are effectively penalties and not enforceable at law.

 

[patty39]

Dear sir or madam,

 

I refer to membership no. XXXXXXX taken out on the XXXXXX & a phone call dated XXXXXX from a representative of yourselves (ARC debt collectors) and previous correspondence between me and LA Fitness, the contents of which are both disappointing and threatening.

 

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.

 

 

I visited the LA fitness gym in Northwich regarding the 3 day free trial as shown on your website, however was subsequently convinced by your own staff to sign up for a 12 month membership with an option to cancel within the 7 day cooling off period. This was amicable for my situation therefore I followed your staff’s instructions with regards signing up. I was unsure whether to take the membership out therefore the seven day cooling off period gave me time to consider such a costly 12 month contract & investment. I consider the verbal agreement between myself and an LA fitness member of staff does form part of the contract.

 

I then confirmed my discussions via email on the same date the membership was taken out (copy attached). I received no correspondence disputing this. I then subsequently decided to cancel within the 7 day period on the XXXXXX (letter & email attached). I would also like to add I never used the gym facilities.

 

I am now being told that there is no 7 day cooling off period as previously agreed.

 

If I had been given the correct information when I enquired about the 3 day free trial & correct information regarding the terms & conditions of the membership, I would not have joined. I have already cancelled the dd mandate as per previous correspondence.

 

I suggest you accept that your staff acted wrongly and cancel the membership agreement immediately as I am now being harassed and hassled by your debt collection agency who claim I owe £99.00 in arrears and the further 9 months. The constant harassment is causing me undue stress and harm.

 

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,

 

 

 

 

XXXXXXX

Edited May 23, 2014 by patty39

[patty39]

This was sent so awaiting reply. ill let you know how I get on.

[citizenB]

Can I just point out that the OFT is no longer in existence (handed over to FCA in April 2014).

[patty39]

doh!

 

Ill make a complaint to them instead then!

 

Thanks agian.

[slick132]

My fault - I should have checked the letter content was still valid.

 

The OFT and Trading Standards issue shouldn't affect the main point here about you being mis-lead by staff that there was a cooling off period.

 

Let us know how they reply.

 

[patty39]

Thanks guys, I will let you know if/when I hear anything back. The letter went via recorded delivery to LA & via email to LA with ARC cc'd.

 

I see from advice in other threads that I should not liase with ARC. I assume this is because my 'agreement' & dispute is with LA? Therefore ARC dont need to be involved.

[slick132]

Hi Patty,

 

You've done the right thing writing to both the gym and ARC.

 

You'll probably end up dealing with ARC until we decide there's nothing more to be gained by continued contact with them.

 

[patty39]

Hi guys, had a letter back from LA fitness. Basically the jist of it is that they say the terms and conditions were available to me and that I owe arrears of £99.00 and a full membership of £697.40. They say 'a membership advisor was on hand to explain the terms and conditions of the membership agreement.....They regret to inform me that there is no cooling off period'. What actions should I now take?

[patty39]

My favorite part was 'please accept my sincerest apologies for any inconvenience caused, I can assure you this is not our concern'.

[patty39]

Basically, in summary they have done what they always seem to do, and that is ignore the main point and just issue a generic response.

[slick132]

Hi Patty,

 

I suggest you reply to LAF as follows:-

 

Dear sir or madam,

 

I refer to your letter of xxdate.

 

You say in your response, " a membership advisor was on hand to explain the terms and conditions of the membership agreement ".

 

You are, of course, correct and the advisor advised me that I could change my mind within 7 days if I wished because of the 7 day cooling off period. I then chose to cancel.

 

If you now say that no such cooling off period applied, then it is obvious that I was either misinformed or coerced into signing. Whichever was the reason, I am not bound by an agreement that was entered into because of inaccurate or misleading information given by the gym staff. Again, I must remind you of s.5 CPUTR 2008.

 

I will not be paying any arrears of £99.00 or the full membership of £697.40. You must instruct ARC that no such amounts are payable and desist from making further demands.

 

If you or ARC continue to make further demands, I will make a formal complaint to Trading Standards.

 

Yours faithfully,

 

[patty39]

Thanks very much. Letter was sent recorded today.

[patty39]

hi slick, received another letter from LA Fitness today, almost a carbon copy of the first letter. Basically, no acknowledgment of the fact what I was verbally told.

 

Do you know what I should do now?

 

* Also a side note, I am currently registering onto a debt management plan so therefore im guessing this is classed as 'financial difficulty'? and is also grounds for cancellation

 

*I am also currently undergoing physio for my knees with the NHS, therefore cannot train.

 

I know these points arnt relevant to my original argument however could they be used?

[slick132]

Hi Patty,

 

Was there anything new or relevant in their letter.

 

If so, please confirm exactly what they said.

 

The DMP and Physio treatment are not relevant - you cancelled because you were told you could. End of story, and you don't need other reasons.

 

[patty39]

Hi Slick,

 

letter as follows:

 

I am sorry that you had further reason to write to us regarding your request to cancel you membership, I assure you we do not wish to cause you any further distress ot inconveinance.

 

After having reviewed your account and notes of previous correspondance I am sorry we have not been able to reach a satisfactory resolution regarding your complaint and I am unable to differ from any previous information you have already been given.

 

THe cooling off period does not apply to any member who takes out a membership agreement whilst at the club premises. This is clearly stated within the terms and conditions of the contract which you have signed and confirmed you read.

 

As you are still within your initial period until the 31/08/15 I regret will not be able to cancel your membership until this date unless:

 

You have ilness or injury

You have been made redundant or experienceing financial difficulty

You have moved to a new address that is more than 10 miles away from the nearest club

 

If your reason for cancelling your membership falls into one of the above categories we will require the relevent documentation to support your request.

 

Alternativley it is possible to transfer your membership to a non member if your contract is up to date and you know of a non member of LA fitness willing and capable to take over your membership.

 

We will require payment of the outstanding balance of £132 to breing your account up to date but we will be unable to collect the payment via DD as it has been cancelled. To make a payment please call our credit control team ..........

 

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

 

Regards

 

 

XXXXX

[patty39]

Should I call or still keep it to letters?

[slick132]

Hi Patty,

 

Don't call them. You'll hear nothing of any help to you and you need to keep everything in writing, so you have a good paper-trail.

 

I'm interested to know why you are apparently locked-in until 31/8/15. Please let us know :-

 

1. When you signed up at the gym.

 

2. How long you signed up for according to the paperwork you have.

 

Edited June 10, 2014 by slick132

[patty39]

Hi Slick, I noticed that. I thought I was signing up for 12 months with the option to cancel if I moved work out of the local area on 14th Feb for 12 months so im not sure where their date comes from. I definatley was not told I was signing up for 18 months, however an email they sent does say 18.

 

In terms of paper work I have that email from them when I signed up but thats it.

 

I dont live in the area and stated when I joined that if my work moved out of the area I could cancel at any time which was the basis of me recording via email on the day I took out the membership that I could cancel at any time within the 7 day cooling off period if this wernt correct. I received nothing back disputing this. The email I sent on the day of taking out the membership was as follows:

 

''From: Patty39's email address

Sent: 14 February 2014 13:54

To: [email protected]

Subject: Membership No xxxxx

 

Hi

 

I have just taken out a membership above at £33.00 per month as I have recently started working in the local area. However I will not be based in Northwich for the complete duration of the contract therefore, I am just confirming that I will be able to terminate my membership once I am no longer based in Northwich without any additional charges or without paying the remaining of my contract off.

 

I have another gym membership where I live (in Liverpool) so therefore the LA fitness membership will not be transferred over to a different centre.

 

If this is not correct can you please let me know within the 7 day cooling off period so I would be able to cancel the membership if needed.

 

Many Thanks''

 

I also have an email confirming I applied for a 3 day membership trial 2 days prior to the membership been taken out. I then went in to start the trail and was told I could basically have a 7 day free trial as I could cancel within the 7 days if I chose to do so.

Edited June 10, 2014 by slick132
Removed name and m/ship number

[patty39]

"If you completed this Membership Agreement whilst not in the Club, you have a period of 7 working days

from today in which to cancel your membership. This right to cancel will cease once you use the Club, or

the period of 7 working days has elapsed, whichever is earlier. However, if your Club has not opened yet

then you can cancel your membership in the first 7 working days that the Club is open."

 

This is what is stated in the contract, a couple points: the only reason I entered the club was for a free trial. How could I sign up for a memberhsip for 18 months without knowing what the gym would be like.

Secondly the point that the right to cancel ceases once I use the club, could this be used? as I never actually used the clubs facilties.

[patty39]

Just a quick note regarding the Supply of Goods and Services Act 1982. Sorry if im going off on a tandjent however I want this resolved as it is causing me stress.

 

Surely they must comply and provide their services with Reasonable care and skill. Misleading customers as they obviously have done surely doesnt abide by this?

 

This would obviously be a breach of this and therefore superseads their terms and conditions?

[slick132]

Hi Patty,

 

What you say in post #20 are two useful additions to your case. Firstly, the gym would struggle to convince anyone that an agreement for longer than 12 months is fair to the consumer. Secondly, you wrote your email on 14th Feb 2014 and, in the absence of a reply, you had every right to expect they agreed with or accepted what you said in the email

 

I suggest a final letter to LAF as follows :-

 

I refer to your letter of xxdate.

 

Following the High Court ruling by Mr Justice Kitchin against Ashbourne Mgt Svs Ltd in 2011, a gym agreement with a minimum term in excess of 12 months is unlikely to be considered fair to the consumer and not therefore enforceable.

 

Also, I sent an email to the gym on 14th February 2014 which set out my position clearly. Namely, that :-

 

1. My work situation meant I may have to relocate and cancel the membership agreement before the end of the 12 (or 18) months.

 

2. I confirmed I was was told there was a 7 day cooling off period during which I could cancel with no consequences.

 

I received no reply to this, either agreeing with what I said, or setting out any alternative suggestions about cancelling. I have retained a verified copy of this email for future reference if needed.

 

For these reasons, and those stated in previous letters/emails about cancellation of the membership, I will not be paying you any amounts.

 

Furthermore, I may also exercise my right to ignore further communications or demands from you or from ARC. The matter will be reported to Trading Standards.

 

If you wish to take court action, please proceed promptly. Any such action will be vigorously defended.

 

Edited June 10, 2014 by slick132

[patty39]

Thanks Slick. Letter sent today.

[patty39]

Hi Slick

 

Received an email from ARC. I responded with the same letter as above.

 

Thanks

Edited June 12, 2014 by patty39