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Hi, back in June 2015 I signed up with Bannatyne on what I now know to be a minimum 12 month contract.

 

What happened was,

I was unable to find prices for memberships online,

I went to my local branch and hastily agreed to the contract at £52 per month.

 

Later that same day, I decided that the price was too steep for what the gym was offering.

 

I emailed them asking to cancel my membership but was told this was not possible as per the terms of the contract. That my only option was to pay up (they offered me a 20% discount as a gesture of goodwill) or transfer the membership to a third party. I asked about the usual 14 day "cool off" but was told this was not an option as I signed on premises. In any case, neither of these options were agreeable to me and I made that clear.

 

In addition, they took £39.87 (as payment for the first month) from my account before I cancelled my direct debit

 

I did not query this payment and wrote it off as my mistake for signing in the first place. Also bear in mind that at no point either then or since have I used their equipment. I am aware that the contract does state that payment is due regardless of use.

 

I heard nothing since but was contacted by ARC via letter about 2 weeks ago on behalf of Bannatyne still requesting this payment when I had assumed all was forgotten...

 

This stated that I should pay the outstanding amount (£585.87) within 21 days or they would be forced to pass it on to solicitors.

 

In a panic, I contacted them and relayed the whole story, which they said they would discuss with the client, ie Bannatyne.

 

A few days later I got a call back saying the payment was still due with the 20% discount on offer (£468.69) and I should have read the T&Cs before signing! Still, I refused to pay.

 

I have now received a letter from the solicitors (Major Law Solicitors, as threatened) who have advised me of intent to issue a county court claim against me with an array of further costs should it get that far, advising me to pay up to stop further action.

 

Worried, I contacted my local CAB who have asked me to request a copy of the contract I signed (which I've done) but advised that for all intents and purposes, I am liable to pay as I had no grounds to cancel and they are within their rights to pursue me for the outstanding balance. I therefore resigned myself to having to pay before I stumbled upon this forum.

 

What is the likelihood of being taken to court over this? I know it is a substantial amount of money but why wait 3 years to bring the issue back up again?

 

Any advice on what my next steps should be?

 

Thanks for your help.

Edited by dx100uk
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As usual CAB want shooting!!

 

Please ignore them and stop using the phone!!

 

No DCA nor their fake/tame solicitors have

aNY legal powers WHATSOEVER

 

They are not bailiffs

 

No gym has done court since 2012

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 Methox and welcome to CAG

 

With all due respect to the CAB, we have had far more experience in dealing with gym cases over the years and we know how the gyms and their admin Co's work.

 

This is highly unlikely to ever reach any court. Gyms and their admin Co's don't do this.

 

Major Law are bottom-feeders in the pond of solicitors and you should always ignore them.

 

Ignore ARC and Major Law for now and don't respond to their threats at all. Just keep us updated and we'll advise of any move necessary on your part.

 

As long as they have your present address, you need do nothing more. If they continue to harass you, you can consider taking the gym and ARC to court to stop them.

 

:-)

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