gym membership

[Thailand]

Nothing to add to this thread Doo, except yes the court allows 5 days to consider the claim served, if you aint heard anything by that time I would assume its a bluff.

[doo]

thailand, many thanks.

E-mail was received on Tuesday with gym owner saying he had filed BUT if "full amount was paid before the court hearing then a court order for payment would not be issued" and that papers from court should be received in the next few days. If it was filed on Tuesday as he says I reckon my friend should hear by Tuesday latest if we just count working days. Watch this space.

[Thailand]

Good stuff, I will. FWIW I reckon LJL has it sussed, and considering your last post I'd personally be amazed now if it occured.

 

I would happily place £50 on it for a return of £55, but we'll let it run its course eh:D

[MAVE]

Surely if the application form does not say it is bound by the consumer credit act, then it is not enforceable?

 

I am interested in this because I have posted on the general site re gym membership and whether it is bound by the consumer credit act. (I was not sure if the debt forum was the correct one to put this in). So I would be interested to hear if anyone agrees.

[doo]

thanks thailand.

 

mave, good point, there is no mention on gym form about being bound by CCA, as mentioned earlier it is just made up form by gym. Anyway lets hope Trading Standard Officer gets in touch this week, apparently was not happy about contract last time (especially as they had tried to tie him up to another year).

[doo]

Update - today trading standards officer rang, apparently has just reiterated what he said before but have given friend his number as he is interested as to the outcome of this case. Basically said to write letter back to gym owner saying that any claim made by gym owner will be strongly defended, and that all efforts to pay small monthly payments has been ignored, and that he has not acted reasonably. As far as problems with treadmill is concerned (it stopped dead whilst friend was running quite fast on two occasions) friend could counterclaim but would advise using a solicitor.Also if it goes to court not to worry and that friend can ask court to award costs as he had offered payment to gym owner - who has ignored this and still filed action. As far as second year gym owner has added on he feels this will be thrown out completely as friend had already made it clear he did not want to be a member anymore - he is trying to tie him in knowing he has letter from doctor about a back problem and no income as is in full-time college.Will come back if and when court papers are served.

[doo]

COURT PAPERS HAVE ARRIVED - may need some help on here as friend fully intends to defend. Letter was sent to gym owner as trading standards officer advised, just saying that court action will be strongly defended, and that all effort by friend to pay small installments has not been accepted, also put in about dodgy treadmills and asked if gym is a member of the Fitness Industry Association. Want to make life hard for this guy now, nothing personal you understand grrrr. Any comments welcome.

[Thailand]

COURT PAPERS HAVE ARRIVED - may need some help on here as friend fully intends to defend. Letter was sent to gym owner as trading standards officer advised, just saying that court action will be strongly defended, and that all effort by friend to pay small installments has not been accepted, also put in about dodgy treadmills and asked if gym is a member of the Fitness Industry Association. Want to make life hard for this guy now, nothing personal you understand grrrr. Any comments welcome.

 

Doo, I don't know anything outside of what bank charges bits I know, sorry. I'm sure you are in great company here and you'll get all the advice you need. The only thing I can think to say is you have 14 days to acnowledge and 14 to defend/counterclaim so you have got some time on your side. Some nice treadmill photo's etc could be a start.

 

Sorry I can't help much, but if you have a question later I can answer I will.

[LJL]

Howdy, Defiantly call the Health and Safety executive, I'll put money on him being in breach of a number of issues - those guys can be a complete pain in the backside and could bring up some points to be used in court.

 

I doubt he'll win, he is just trying to flex his muscles - excuse the pun.

[doo]

Thailand, thanks for that, support is always welcome.

 

LJL, health and safety it is then, any ideas on address or telephone number. Thanks for your input.

[LJL]

Contact your local council or look in the front of the yellow pages, each local council has their own H&S hit squad!!!

[doo]

Contacted health and safety but have not heard anything so far. Acknowledgement of Service sent so friend now has until 1 March to send in defence to court. This is new to both of us so if anyone can offer any advice re: defence please add any comments, all much appreciated.

[doo]

Bump

[doo]

Just to update. After sending in defence an allocation questionnaire was received which was filled in and taken back to court, however, today a notice from the court was received, apparently the claimant has not returned his and so he now has until 4 April to comply or the claim may be thrown out by the judge. Keeping fingers crossed.

[Thailand]

Fingers crossed for you Doo. Lets hope he doesn't takes as much interest in his paperwork, as he does his bank account.

[emmaceridwen]

What was the outcome of this....I just read the whoe thing and NEEED to know! I can't believe this gym guy. I know this post is really old but if anyone knows what happend I'd love to find out.

[moe88]

hi im having a similar prblm wiv de CRS.. bascially dey asking me to pay an outstanding amount of £556 and if i dnt pay dey gona take me to court.

 

i sent dis letter to Golds Gym before all of dis debt collection fink strtd:

 

Date: 20th October 2007

Dear Sir/Madam,

I’m writing to you this letter as I have come to my attention that Gold’s Gym has been deducting a Monthly fee of £59.00 from my account. I would like to inform you that when I came inn to join or become a member at your gym, my card was declined twice before making a payment therefore the customer assistant working at that moment asked me too me check with my bank and come again. After that I didn’t actually come inn because I changed my mind about joining, so when you took out the first monthly payment from my account I came inn then to ask why is that amount money been taken out from my account then one of the customer services assistant at reception said that is due to the fact that I signed the contract when I first came to join and I explained to her what happened that day and she said too me that they will just take that payment for that month and that’s it.

Now I’m wondering why you have been taking £59.00 out off my account every month, even if I did sign the contract that day don’t you think It was crucial for your assistant to call me back and confirm with me the payment especially when she asked me come back when I cleared any problems with my card, and after the payment was taken I didn’t even receive any notification about the payment being taken out , I would like to add that I don’t even have a membership card so the money been taken out for noting really. It’s really hard when you take this money out off my account and I’m a student at a university and currently with out work.

I do accept that its partly fault for not coming inn to inform you that I have changed my mind about joining, but I’m hoping there will be a solution to this and hope too hear from you soon.

Yours Truly,

they didnt reply to me bck.. and i had an member frm CRS call me sayin i need to tell how much i can pay, because they being taking payments even tho i cancelled ma direct debit.. and at dat tym i had quite a bit of money i fink up 2 4000 and i didnt keep track.. dey sed dis is der last warning if i dnt pay dey takin me to court and i have to pay for it? any advice