LA Fitness - Unlawful Contract

[chicagolondon]

Sorry for the long story, but if I had read this before joining I would have saved myself a ton of time and stress.

 

LA Fitness (Guildford) is blatantly in breach of contract and my partner and I are currently in dispute with them.

 

We recently moved to Guildford and were looking for a gym within a quick drive of our home that offered fitness classes. I don't use the floor machines or weights, just take classes.. I've been a member of at least 15 gyms in my life and usually attend classes 4-6 days/week. I know what I want and know exactly what to ask. I found that there were few options in my area, but LA Fitness was not too far so we went in to discuss membership.

 

A manager/sales rep walked us around the gym and showed us the facilities. We weren't too impressed (not that clean or nice and an enormous pothole on the drive), but the fact that they had a variety of classes and were the only place easily accessible to us piqued our interest. We had a long discussion, explaining to our rep that we were there solely for classes (and only Yoga, Pilates, or Group Strength Training) and that we would only be attending in the evenings as drop-ins because of our work schedules. We said we did not use the machines, just classes and maybe the sauna. She said that would be no problem and gave us a class schedule, which showed classes we wanted, and explained we could either book online up to 10 days in advance or drop in, in the evenings as we wanted. We asked and she clearly stated that the were "NOT BUSY" and that we would have no problem getting into classes. This was stated multiple times and another manager even chimed in that they are really slow because there is no road signage. As we were heading out of town for Christmas/New Years, we couldn't begin using the membership for a few weeks so we asked to use the free 3 day membership advertised to try it out then we could join when we return. The rep/manager discouraged this stating that the membership price was at its lowest and would go up in the New Year. She even suggested we join that day and pay a fee to freeze the membership so we could lock in this special price, as that would be cheaper than waiting. We felt pressured and left to think about it. We were called a few days later and told that they would reduce the sign up fee so we could make sure we get this special price. We went in and signed up based on this information. We didn't want to pay more!

 

Cut to....

 

We return from holiday and I log into the website to see what classes I could attend that evening. First thing I see is that the pricing did not go up at all and all new members actually received a free month. We had OVERPAID. At this point in time the price has even gotten lower and they are now contract-free.

 

This wasn't the worst of it. EVERY SINGLE CLASS was booked. NOT ONE was available that evening or even for the NEXT 10 DAYS. There were maybe 1 or 2 slots for water aerobics in the middle of the day a few days away but nothing in the evening and nothing that I told the rep/manager that I wanted to take. The booking system only showed for 10 days out and they were 100% booked solid. I wasn't interested in booking anyway, but checked the next morning and it was the same situation, 100% booked. I called the Guildford location and explained the situation. The woman was completely bored with my plight and said that I could use the machines and that the classes were really busy. I explained that I was sold a membership based on the fact that there would be CLASSES for drop-ins, and I didn't use machines. She repeated herself and when found that I wasn't appeased she then gave me a number to call to cancel. I called and spoke with the rudest human in England. He said the same, that I could use machines and that I hadn't given him a good reason to cancel. I explained clearly that I was sold a membership based on the fact that I could take classes as a drop-in in the evening. His suggestion was to wake up at 6:00am to sign up for classes 10 days out and hopefully I would be able to make it. This was unacceptable obviously and I hung up frustrated. My partner went into the location and spoke with managers three times, including the same one who sold us the membership, and each time they told us we could cancel if we called the number, but when we called they would refuse citing "this isn't a good reason to cancel" and "classes are a luxury, not a right" and "classes are a bonus, not part of the membership". This was NOT what they had said when we joined and if they had, we obviously never would have signed on the dotted line. They never denied saying what they said about availability, but would not let us cancel. At one point they admitted that people were complaining and reduced the sign-ups to 3 days out, but this changed nothing. I tried wait-list because I felt I had no other options, but I never made it or it was so last minute I couldn't go.

 

We never stepped foot in the gym to workout. We had paid 66 for the first month and cancelled our direct debit before they could charge more. They began to send us bills with extra fees and threatening us with collection agencies. We never stopped calling and emailing to explain our situation and they continuously refused and threatened us with bills.

 

Finally, I did some research online and came across Citizens Advice. I explained what happened and they gave us great advice. Their words:

 

"UK civil law defines a representation as 'a statement of fact, made during pre-contractual negotiations; as an inducement to enter into a contract'. As such, if a purchaser discovers that such a statement of fact is false, they could claim the seller has misrepresented the product and hold the seller in breach of contract. This could allow the purchaser to seek damages or rescission (be placed back into their pre-contractual status) or an indemnity for any expenses."

 

They notified the proper authorities on our behalf (updating the info as we went along) then outlined our rights. As LA Fitness promised services that they could/would not provide, causing us to enter into a financial agreement that we otherwise would not, they were in breach of contract and the Consumer Protection against Unlawful Trading Regulations, 2008 (Section 5). They advised us that since we should try to resolve this with the company before proceeding with the courts, which we had done many times in person, via phone, and via email. They gave us a list of templates to use to send a certified letter, which we did, clearly what the situation (again) and requesting rescission of the contract and a refund of the monies paid, giving them 30 days to reply. They never replied by post, but they offered (via email) once to cancel as long as we paid the 3 months that had passed, which we refused. Then they offered to cancel and erase all outstanding monies owed, but refused to refund what we had paid. Again we refused. We shouldn't pay a pence to this company for services that they could not provide. Again, we've NEVER been able to use the gym for the purpose we joined!

 

At the advice of Citizens Advice We have now filed a claim through the HM Courts. They charged us 25, but this will be paid back to us if we win. I fully expect to as they are clearly in breach and both my partner and I are happy to swear under oath what truthfully occurred. They have never denied stating these things and I would think that this employee wouldn't perjure themselves for the sake of this awful company.

 

Hopefully justice will be served!!

Edited April 22, 2014 by chicagolondon

[slick132]

Hi Chicago and thanks for setting out your case here in your new thread.

 

You're right to refer to s.5 of CPUTR as you would never have made the decision to join, were it not for the false information given about how easily you could attend the classes.

 

However, I don't think CPUTR currently gives you a right of action against the gym. Trading Standards can use CPUTR to prosecute suppliers.

 

Can you post up the Particulars of Claim that you used.

 

Of course, in Small Claims cases, the claim may well be decided by a judge who can see the merit and fairness of your claim.

 

[slick132]

Hi Chicago,

 

Can you give us an update on this please, regardless of the outcome.

 

Thanks

[chicagolondon]

Pursuant to the terms of the mediation agreement I cannot divulge details, but the issue is resolved and I am satisfied with the result.

[slick132]

Hi Chicago and thanks for the quick response.

 

I understand your position and am pleased to hear this was resolved to your satisfaction.