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Bannatyne gym will not cancel my gym membership despite my contract going past it's 12 month end date


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Hi everyone, I've been told some of you maybe able to help me in my current situation.

 

Once a month I pay a small fortune to Bannatyne gym which I no longer use or want to use as I have cheaper methods of getting fit.

I wish to cancel this contract and according to the contract, I signed the minimum term would end on the 10th of August this year.

 

The problem is, that Bannatyne has frozen my membership without my permission and has pushed forward the end date to December.

 

According to my understanding of the terms and conditions of the contract

https://www.bannatyne.co.uk/uploaded/membership t&c's (12 months) - 15 july 2020 refresh (1).pdf,

they have outline no right to extend the end date of the contract.

It seems they only have a right to cancel the contract early.

 

My thinking is that although I have only made 8 payments due to the freeze (without authorization from me), the contract terms define the minimum term by date rather than by payments.

 

I may be completely wrong, and if that is the case I would like to apologize for wasting everyone's time in advance.

But I have been trying (to no end) to cancel my membership for a while now and it is causing me a lot of stress.

They even threaten using bailiffs against me if I do not pay the fee up until December.

 

It took me a very long time to speak to a human which is not based at my local gym

I finally have and they have advised me that there is nothing they can do.

 

I have asked to speak to someone with the authority to cancel my membership and I'm expecting a callback.

 

This seems the most likely to work although there is still a chance that they do not cancel my membership despite the fact that I have laid out why they cannot extend my contract without my permission.

 

 

Thanks Everyone

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  • dx100uk changed the title to Bannatyne gym will not cancel my gym membership despite my contract going past it's 12 month end date

there are 100's of like threads here

all you simply do is inform them pref in WRITTING 

that you wish to cancel

then you allow ONE more DD to be taken then cancel the DD.

 

gym debts do not appear on credit files

gym debts most certainly (like ANY consumer debt) cannot ever have bailiffs involved as:

gyms don't ever do court and bailiff can only EVER be involved if you LOSE a court claim 

 

i will guess you are confusing a DCA with a bailiff

so read the red bits below.

 

if you have already told them you wish to cancel, and more than ONE dd has been taken since

pers i'd do a DD guarantee reclaim to your bank to get any excess payments back

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 123man and welcome to CAG

 

Along with David Lloyd gyms, Bannatynes try to demand a 3 month notice period but we always advice CAGgers to challenge this.

 

As DX suggests, write to them by letter offering to pay 1 final month's fee for the notice period, after which you'll pay nothing more. Offer open for 14 days and, if they fail to accept the offer in writing in that time, you'll pay nothing.

 

Look around on older threads for one of my drafts.

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Hey Slick,

 

Thanks for the advice, I didnt make it clear but I have ready gave them the notice (through email though), and paid up till the contract minimum term end date. But they have still refused to cancel the membership. 

 

I will just ignore any request for payments from then moving forward. (I think I even paid once month after the end term). Btw, I initially gave them notice a while ago but they are the ones denying the cancellation and continuing to harass me to re instated my direct debit.

 

What I left out was that I informed them I would like to cancel my membership and after they refused multiple times I cancelled my direct debit.

 

I will just ignore them from now on.

Like you said, it isnt proper credit and they cannot force me to pay.

 

By the way, it was someone calling from my local gym who said that the debt will go through to bailiffs.

 

Thanks for your help

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Hi 123man,

 

When replying on-thread, just use the Reply to this topic button instead of re-quoting, thanks.

 

Can you tell us when you first gave notice to cancel (just for my interest), thanks.

 

You say above you asked to speak to someone with the authority to cancel my membership and I'm expecting a callback. Don't hold your breath but, if they do call you back, tell them you now require any reply in writing only.

 

Ignore demands but keep us posted.

We could do with some help from you

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Hi Slick, 

 

I originally sent the cancellation form by email on the 23rd of August. After them basically saying "it's not possible to cancel" and numerous email between me and the local gym I cancelled the direct debit ang gave them notice of this on the 31st of August.

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Hi 123Man,

 

Make no further contact with the local gym - it's a waste of time and they will never help you.

 

If anyone calls you about this, tell them "In writing only" and hang up.

 

Let us know who contacts you next, and what they say.

 

In the meantime just write to B's Head Office and tell them shortly and simply :-

 

I joined for 12 months and paid for this while I could use the gym. 

 

The DD mandate is cancelled and I will not be making further payments.

We could do with some help from you

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

 

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Hi Slick,

 

Thanks for the advice you have been so useful, I will give a donation to the site once I am paid - it's great!

 

The problem with writing to them and requesting written information is that I have moved house during my membership  (very close, so was unable to cancel gym for that reason) and I don't really want them to know my address.

 

Is the purpose of writing a letter to stop them harassing for payment? As their is no way they could legally collect this money from me and I wish to keep my address hidden, I wonder if one more email stating what you have outlined above to head office, customer services and the local gym could be the way to go? Or maybe I should just ignore them outright giving my address circumstances.

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You should never hide from debt

even if it is a gym one thats totally unenforceable

 

not sure where you got that idea from

 

 

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 123Man,

 

As a general rule, always make sure any (supposed) creditor knows your current address. That way, you always know what they're up to. Otherwise you can end up with a back door CCJ that you knew nothing about because they used your old address so you never defended it.

 

The reason for writing to them is to let them know you're not intimidated by demands and will not pay what they're demanding. Put a draft letter here for us to look over first if you want.

 

They (or their DCA) will continue to make demands for gym fees and admin fees - this does NOT make such demands valid or enforceable.

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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