Gym Membership - service not received. Help

[orfoster]

Hey guys,

 

One of my friends signed up to a gym on a contract that had no fixed term on it. She then wrote and cancelled her contract with them and stopped using the service.

 

She then went off travelling for 5 months and has come back to find that they were still taking funds from her bank account totalling £140.

 

She didn't send the cancellation by recorded delivery but what i've suggested is she submits a SAR to the gym asking for records of correspondance received, terms and conditions and proof that she used the services i.e she signs in using a card when going in so this should stop at a certain date. Do you think that will help us?

 

SAR expired on the 25th July and no response. I think she's learnt her lesson but do you think the above will help prove that she stopped using the service and they no longer had permission to take the money??

 

Advice much appreiciated. Thanks.

[orfoster]

Hi Guys,

 

I have had a problem with a local gym I signed up to. I paid the yearly £280 fee for using the jacuzzi, sauna, steam room and other normal stuff. Now when I have been visiting the gym with my friend on about 75% of the visits we have asked for the steam room, jacuzzi and sauna to be turned on only to be told we can't have it on.

 

I have now been sending e-mails to the owner asking to cancel my membership and refund the time i've not used £206.68.

 

He has e-mailed me back telling me that his terms and conditions as posted in the gym allow for down time and repairs and that these terms are final, he will not allow a refund or for me to cancel my membership but will allow a further 3 months at the gym, now this guy is abit funny. There is no way I will go to the gym again as his messages seem quite aggressive. Do I need to send a Pre lim and LBA then submit through the small claims and maybe talk to consumer direct? Does anyone have some advise.

 

I just can't believe he thinks I am not entitled to a refund. Its like buying a TV but only being able to use it 25% of the time.

[mickj2904]

Hi Guys,

 

I have had a problem with a local gym I signed up to. I paid the yearly £280 fee for using the jacuzzi, sauna, steam room and other normal stuff. Now when I have been visiting the gym with my friend on about 75% of the visits we have asked for the steam room, jacuzzi and sauna to be turned on only to be told we can't have it on.

 

I have now been sending e-mails to the owner asking to cancel my membership and refund the time i've not used £206.68.

 

He has e-mailed me back telling me that his terms and conditions as posted in the gym allow for down time and repairs and that these terms are final, he will not allow a refund or for me to cancel my membership but will allow a further 3 months at the gym, now this guy is abit funny. There is no way I will go to the gym again as his messages seem quite aggressive. Do I need to send a Pre lim and LBA then submit through the small claims and maybe talk to consumer direct? Does anyone have some advise.

 

I just can't believe he thinks I am not entitled to a refund. Its like buying a TV but only being able to use it 25% of the time.

 

Hi I might be able to help I own gyms. Possibly if its a JJB or a David lloyd type they will be members of the FIA. Fitness Industry Association I'm at home so I don't have their address but google it. As for the three month check your contract but speak to OFT Office of fair trading they will also help. I'd also inform the Credit Consumer Association as well.

[orfoster]

Hi,

Thanks for your reply. No he's not part of the FIA. I tried looking at that. We don't have a contract apart from the service I paid for if you see what I mean. I signed up for 12 months and paid up front on my card but didn't sign a contract at all. Thanks for your help. I will contact OFT today.

[mickj2904]

Hi,

Thanks for your reply. No he's not part of the FIA. I tried looking at that. We don't have a contract apart from the service I paid for if you see what I mean. I signed up for 12 months and paid up front on my card but didn't sign a contract at all. Thanks for your help. I will contact OFT today.

 

Hi

 

I would suggest you speak to your card issuers and tell them that your are not getting the service and request your money back. If you don't have contract then he cannot hold you to three months. Can I ask did you get an induction to the gym because as some smaller gyms don't then you could also state that you were not given instructions on how to operate the equipment. However, the OFT will sort it out we have had two people who had complained that our pool was a bit cold, it was 28 degrees instead of our normal 30, 28 being the temp of the local council but we were told that their complaint was legitimate and had to give a refund.

[orfoster]

Thats abit silly. The jacuzzi at my gym works but is at a measured 10-15 degrees on every visit i've been there. No induction, no supervision and a very nasty gym owner. Luckily I have moved house and he doesn't know where I moved to but all mail is redirected as he visited my old address this morning. Thanks for your help. I've e-mailed consumer direct and I will also contact OFT.

[orfoster]

Hi everyone,

 

The guy at the gym is starting to be very annoying. He is quite abusive in his e-mails and I have now sent a PreLim for the sum of £350. He forwarded me a copy of his terms and conditions. I don't know what he thought he would gain from these but in section 6. "All members will be required to undertake a short induction course before using the fitness equipment and various installations at your disposal"

 

Also he has highlighted for me in section 10. " The fitness suite may be closed when necessary for essential emergency maintenance. It may not be possible to give prior notice"

 

So what I guess he's trying to say is every time I have visited the gym the equipment has been in repair . I initially offered him a reduced settlement of £206.68 that was valid for 7 days, he didn't agree so after reviewing his conditions I adjusted the figure as I can see no one ever has received an induction on his stuff. The letter was sent recorded and in it I advised him not to visit my house and not to respond via e-mail for litigation purposes.

 

Is there anything else I should be doing, OFT don't really want to know unless other people complain, I could get others to complain but the other people who went to the gym are my friends and family and I paid for them.

[ScarletPimpernel]

If no induction training is caried out, it may be prudent to inform the Health and Safety Executive.

 

Your local Trading Standards should be able to advise on the refund issue, though you seem to be doing ok anyway. However, some official attention on people like this often helps them to focus...

[orfoster]

I did think about that so I will go on their website and have a look at it. I wasn't going to do that if he just allowed the refund. Consumer Direct have just said Prelim then LBA if that fails then court. So I will follow that way and maybe in my LBA mention Health and Safety may be informed about no inductions etc.

[orfoster]

Hi Scarlet,

 

I have contacted the health and safety executive to see what they come back with. Do you think it is a health and safety issue. Friends tell me they think it is but I can't find anywhere online that says I must receive an induction.

 

The guy hasn't contacted me to pay me and insists I need to go in and collect my reduced refund, he hasn't got a hope that I will be going in. Its a very quiet gym and he doesn't seem a normal person if you see what I mean.

[dar£n]

keep a record of all of his actions and comments including visiting your home address, this could be seen as intimidation or harassment.

 

if it goes to court you can use your diary of event to show how unreasonable he is.

 

it prob wont go that far he will bottle it as soon as you file for action.

 

If you do confront him on any issue,,make sure you have a witness.

[orfoster]

Thanks for your reply. Yes I would always have a witness. He doesn't seem very professional at all in what he's doing. I will use Health and Safety Action if I find it is a breach that we didn't ever get an induction and as it is stated in his conditions he is in breech. So hopefully fingers crossed I will get my money back.

 

P.S I have kept all e-mails and read receipts to show if need be. I am just waiting till 4th Sept to send LBA or if Health and Safety get back to me before then I will send a further letter about a breech if it turns out there is one.