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Hi all. My gym closed their premises and moved to the other side of the city from me. I can't go to the new one as it's too far.

When I started I paid a fee of £47. This was because the gym had an offer of 3.99 a week, but the DD was for £16  a month which leaves about a £16 surplus a year to pay. The price was locked for 3 years, so the £47 is the surplus x 3 years.

The gym closed after 3 months of me going, so that £47 has been wasted and I want it back. I asked the gym for a pro-rata refund, but they are saying they paid a promoter who took that money as payment and they can't refund what they didn't get. I don't dispute they did pay a company, but this promoting company wore the gyms clothing and I signed on the gym premises.

I emailed the finance company who were adding fees on for unpaid DD despite the fact gym had closed. They finally agreed to cancel things and my account with the finance company DFC is now terminated and the balance is nil.

 

Another thing to point out is if I broke the contract, that £47 would have gone towards the fees owed according to the paperwork.

 

My question is, do I go after the finance company for the £47 or the gym? Or is it a lost cause completely with a the promoters getting the cash?

Any help appreciated thanks.

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Hi Lipstick and welcome to CAG

 

Can you please confirm the name of the gym and the location of the old and new premises, so we have a clearer picture and can hopefully advise you better.

 

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Thanks for the reply.

 

I'll post photos of the contract and letter I received when I signed up. That has the game's name and old location. The new location is 554 Hessle Road, Hull, HU3 5BL.

 

The actual contract mentions nothing about if the gym moves, only if a member moves. That gym was on my route home from work, which is the main reason I picked it. Also the new one doesn't have a sauna or steam room, other reasons that set the gym apart for me.

 

Members only found out the gym was closing a couple of weeks before it happened, and this was because a rival gym posted on Facebook as it had staff asking for jobs there.

 

The gym tried to make out they were relocating to the new place due to refurbishment but that wasn't true, and even the owner admitted in facebook posts to concerned members, that he had no idea if it would reopen, and if it did it would only be if the gym got a better deal than the new place.

 

I'm just glad I never paid the three years upfront.

 

If I had, I'm sure the promoter would have made that transaction too, the same as the £47, and they certainly wouldn't have kept all that.

 

Would I send a LBA to the gym, or the finance company please?

 

docs1.pdf

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Hi Lippy and sorry this was unanswered so long 🤔☺️

 

If the gym is still operating under the same name but at the new premises, you could tell them you require a pro-rata refund of the joining fee. However they could simply argue this was a non refundable joining fee or "initial payment".

 

I see no point in pursuing DFC as they are simply agents that collect and handle the gyms' DD payments.

 

Write to the gym demanding a refund if you want but I see no realistic chance of you winning any court claim. Send the LBA if you want but I would be disinclined to take the matter further.

 

😎


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Thanks for the reply Slick.

 

It doesn't state on any of the paperwork that the £47 fee was non-refundable, and I was never told verbally it was either.

 

I realise this would be hard to prove, but, on part of the paperwork it states that if I decided to terminate the contract after a year, that the £47 would be used to pay off part of the monthly fees.

 

Would this increase my chance of getting the money back do you think?

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I don't know but there's only one way to find out.

 

Follow advice in last para of post #4 above.

 

Put a draft of the letter to the gym here first if you want it checked.

 

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Ok, I will do that. If it went to small claims court and I lost, would I have to pay any fees for the gym defending the case?

 

Thank you for your help Slick.

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gyms don't do court

 

dx


..

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1 minute ago, dx100uk said:

gyms don't do court

 

dx

What do you mean? 

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Is that a good thing for me then or a bad thing? Unsure if you mean they don't do it due to a technicality.

 

just spotted your signature, and I'll just say 'oops'.

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its customary to also use selfhelp

gyms have not done court since atleast 2012 

stuff and all any DCA can do to you on any debt

they are not BAILIFFS 

 

gym debts don't show on credit files either so...

 

 


..

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now its my turn..sorry

 

 

you are wanting to take them to court ,,duh.

 

for some reason [didn't clear my cache out I expect]

I was just going to your last post without any title showing

so thought it was a std gym issue.

 

so ignore me and follow what slick said yes...

 

 

 


..

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Hi Lippy,

 

Have I missed something ?? I thought you were talking about the chance of the gym or DFC taking you to court, which will never happen.

 

Please confirm, are you looking to take them to court, or are you hoping to avoid THEM taking YOU to court.

 

DX is right ! This is a self-help forum and, if you read other threads here about gyms, you should have a better idea about what is likely to happen, or not..

 

😎


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I was talking about taking the gym to small claims court to get the fees back that I paid them, amounting to around £60. My question was in regards to what would happen if I lost the case, which I've found out now.

 

I realise it's not a lot of money but it irks me that they've deliberately misled a lot of people.

 

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Before any court action (if that's your decision), you need first to write to the gym setting out briefly the reason your require the refund and the amount claimed. Give them 14 days to reply.

 

After that, if no refund is agreed or no reply received,  you can send a LBA.

 

Only then do you need to decide if court action is a decent option.


We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Ok Slick, I'll look into doing that soon. Thanks.

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