Gym membership problems

[grangit]

need advise, in 2007 my wife was told she had won a gym membership for two, after signing paperwork which turned out to be a loan of over £800, which was paid to the gym for advance use, monies recieved through dd to a company called lyle hill, was paying £32 per/month, which is supposed to run for 4 years, i reduced this after a lot of problems to £5 a month due to being unemployed, we have not used the gym due to health problems, which is no longer an issue, we are now both back at work, but now work commitments do not allow us to use the gym, have explained this to the company and as told if we could find suitable candidates we could transfer our membership to another party, is any of this legal and is there any way to stop paying for something that we have not used, and would not dream of putting this burden onto anyone else, have any other members been caught by this, would be interesting to hear your stories on this.

[Trilby274]

This looks a bit odd. Lyle Hill Ltd is registered as a membership management company and seems to have a gym in Southampton. I see you are in Essex so am a bit perplexed. Can you say who the DD is paid to off your statement? Also, how did your OH claim the 'prize' she was supposed to have won.

 

This looks very similar to timeshare selling of several years ago. I'm no expert, but a few more details might be helpful.

 

Oops - sorry - who told her she had won a prize in the first place and how did they inform her? Telephone? Letter?

Edited November 27, 2008 by Trilby274
Another question

[BankFodder]

Your story is very intriguing. I would like to know much more as well.

However, please would you post your story in an appropriate forum and that is where you will get a lot more interest and a lot more help.

[MARTIN3030]

Have moved your thread here.Add some more info if you think it will help to get a better response.

 

Have also moved your other thread (Rossendales) into the debt forums.You may like to add more info there also.

[grangit]

Your story is very intriguing. I would like to know much more as well.

However, please would you post your story in an appropriate forum and that is where you will get a lot more interest and a lot more help.

am sorry if i used the wrong forum, am fairly new to this pc game, but your patience is appreciated

[grangit]

This looks a bit odd. Lyle Hill Ltd is registered as a membership management company and seems to have a gym in Southampton. I see you are in Essex so am a bit perplexed. Can you say who the DD is paid to off your statement? Also, how did your OH claim the 'prize' she was supposed to have won.

 

This looks very similar to timeshare selling of several years ago. I'm no expert, but a few more details might be helpful.

 

Oops - sorry - who told her she had won a prize in the first place and how did they inform her? Telephone? Letter?

hi thanks for the interest shown , dd is in the name of lyle hill, gym memership name is Associated members, (found some stories via internet about this company and a few warnings, one called it "a conveyor belt payment",bit late for me) was told by phone she had won this prize, went to the gym they specified, and wrongly signed papers to accept prize, which included signing my name on one of the memberships, the gentleman dealing with her who is unknown by name told her all she would have to pay on each visit to the gym was about £3.50, unsure what exact figure was, she also informed him she had forgot her glasses and apparently read the form to her, at no time was she told she was entering into a £800 and something bill\loan, she may be daft but not stupid, wrote to Trading standards who failed to reply to me, tryed to stop dd but recieved warning letters, dont suppose there is alot i can do about it now, but hope other membes read this and steer clear of associated Members

[Trilby274]

Curiouser and Curiouser. Tried to stop direct debit but received warning letters - from whom? Signed your name? So it is not exactly your signature? I am just wondering if the charges are for YOUR alleged membership as she was the prizewinner? Do you have any documentation (agreement or whatever)? If so, could you remove personal details and post it up?

[grangit]

firstly i hope i have uploaded the files correctly, as i mentioned before i am fairly new to the world of pc, have also found another site that has info on associated members forums.moneysavingexpert.com/showthread.html?t=898057 there is two memberships being paid by my wifes account, hopefully the upload has a copy of the credit agreement, membership application, and a story from another site you may also find useful, thanks for your time on this issue

[grangit]

sorry no upload, pc tells me there is no token to allow me to do this

[Trilby274]

Thanks Grangit. Have read through the other forum (quickly, so no in depth analysis) but it does look like sharp practice. Interesting to note also that leaflets of the sort you received became illegal earlier this year. It would also appear that, like some others, you were not made aware that it was a non-cancellable agreement before you signed the paperwork.

 

I don't know how others feel about this, but I would write to Lyle Hill, AMC and anyone else involved cancelling the membership on the basis that the agreement is non-enforceable as you were not properly informed prior to signing. Cancel the direct debit/standing order (just do it, don't tell them). Wait for the letters to start arriving and then post them up here so that you can get the advice you need to respond (or not as the case may be).

 

If you can scan your documents, post them into photobucket and then link them to here, we can get a look at them.

Edited December 4, 2008 by Trilby274
added a bit

[grangit]

thanks for the advise, have put items you asked for in photo bucket grangit - Photobucket - Video and Image Hosting hope these are useful, please let me know when you have viewed them so i can delete, thankyou

[Gilbert_O'Sullivan]

I'm just amazed that these gym clubs have any members at all with all the bad press they receive, it's on everything all the time and it seems they should be avoided as bad as timeshares were.

 

Why don't people just pay when they go? I catch a bus now and then but I don't want to buy a pass for all times.

[Trilby274]

OK - I am probably way wide of the mark here. Your gift voucher says that you have won the gift from Survey UK. The gift is a 'free' membership for two. Your 4th document (membership application form) shows a membership fee of £750. But this is a gift from Survey UK. Surely Survey UK should be footing the bill as they have awarded the gift.

 

Your 3rd document is the standing order for the service contract, which apparently does not form a part of the gift.

 

As Survey UK have awarded the gift, they surely must have paid for it already?

 

Am I missing something obvious here?

[grangit]

so do you still think its viable for me to cancell the dd, or am i up the creek without a paddle, any advise would be helpfull, cheers

[slick132]

Hi Grangit,

 

I would cancel the DD anyway but, be aware, they will start sending you all sorts of threats and demands saying you have defaulted and will have to pay the whole amount in one go.

 

I'd also go back to Trading Standards and ask them to look into this - be persistant and they should try and help you.

 

This whole thing sounds dodgy from the start - if it was a GIFT which you won, why should you have to pay a penny.

 

Having said that, the 3rd document on Photobucket clearly shows and warns it is a Credit Agreement which you should only sign if you agree to be bound by it's terms. It also clearly states it is Non-Cancellable just above where you signed.

 

I'll get the credit agreement checked to see if it's enforceable in it's own right.

[42man]

I agree with a lot of what the caggers have said here, common sense should say that you have almost been 'conned' into this....and a judge would not, in my opinion, let this stand. The agreement itself looks enforceable, but if TS take a stand (which they should) and it's worthwhile talking to your local MP too.

[42man]

The damming evidence here is that the membership CLEARLY says 'gift'

[grangit]

have stopped dd, also sent a letter telling them that i feel the agreement was misrepresented to us on the grounds it was a gift as clearly stated, there reply was the memberships were a gift, and the credit agreement is in fact for service fees, does this make any difference

[slick132]

Hi Grangit,

 

Can you post here the exact wording of the relevant part(s) of their reply, or put it on Photobucket.

[Trilby274]

Hi Grangit - been away for a while so apologies.

 

I have looked through everything again and come to the following conclusions.

 

I think the gym membership was indeed a gift.

 

I think you have been under the misapprehension that your direct debit payments were for this 'gift' - as far as I can see, they are not.

 

The direct debit payments would appear to be for the service charge (the credit agreement that you signed) which is for £16.53 per month for two years. There is only one credit agreement for the service contract for one membership, so I am assuming that your direct debit payment is for two memberships and would terminate in July 2009, although you do not appear to have a credit agreement for the second membership.

 

From there, I'm afraid I would be useless as I don't know what the regulations are regarding a 'non-cancellable agreement' when you do not use the facilities. I am in the unfortunate position of having to pay a service contract on a different kind of membership which I only use on an occasional basis, but I haven't yet challenged it.

[grangit]

thanhs for the advise, there are two credit agreements both in the wifes bank account, she signed my membership for me on the instructions of the representative as i was at work when the gym offer was made, have been in touch with a consumer direct who tell me the only option i have is to argue a case of misrepresentaton, although im waiting for a update from them as to what grounds to use, grangit, ps have a good xmas all

[Trilby274]

Hi Grangit - just one final question and then I think this one gets put to bed. From your statements, what is the total amount paid to date (including the reduced payments of £5)?

[flyingdoc]

Grangit, as much for my personal education as to help you (although I think it might) can you please post the T&C referred to (on the reverse of the documents ) so I can check something.