Misrepresentation - Local Gym

[Tomplatt26]

Hi all,

 

My partner signed up to a local gym recently with a friend, upon signing up they were told it was a 12 month contract with the first month free. They were also told they had 30 days to try the gym out and could cancel if they didn't like it.

 

My partner and her friend attended the gym twice over the next 4days but it became apparent that the gym was far too busy at peak times and there was a large amount males that made my partner anxious and uncomfortable (she suffered from anxiety).

 

My partners friend phoned up with 5days of signing up and was told she could not cancel but they did transfer her membership to another gym.

 

When we phoned up to cancel under the grounds of misrepresentation and that my partner did not feel comfortable but they said she had signed a contract and we had no legal grounds to stand on.

 

They did offer to move our membership but the gym was too far away , they also offered an induction session but after dispute and accusing the staff of miss representation my partner feels mor anxious than ever and cannot return for fear of anxiety attack.

 

I haven emailed a number of times now and have offered to pay the gym any costs for signing and cancelling the membership along with a month for the 2days , an offer I think reasonable given the circumstances.

 

My complaint has now moved from their membership department to their operations manager who has said he has looked into our complaint and our accusations are without evidence and our membership still stands.

 

They have said if we cancel our direct debit they will immediately order the bailiffs in- something I really want to avoid as this will not help my partners anxiety !!

 

What's even more frustrating is that this gym is a a trading name of a council funded charity ! (Run for the good of the community)

 

What I really want to know is do we have a case here, can bailiffs be appointed when we are disputing the validity of the contract on the grounds of miss-selling.

 

And can bailiffs even collect on a debit agreement if it is cancelled before the start date (February).

 

Part of me is tempted to give in but this is£312 we do not have.

 

Any advice will be much appreciated .

[fkofilee]

Ba'iffs?

 

Noooooo... Its a threat. It would have to go through the courts before that could happen...

[king12345]

I would write to the CEO explaining that you were assured of your cancellation option within the month trial.

As fkofilee said, to send the bailiffs around they would need a ccj.

[sequenci]

Did they use the specific term 'bailiff' or was it 'debt collection agency' (or similar)?

[BankFodder]

Tell them to put it in writing. In fact you should be doing everything in writing from now on.

 

If you want some fun, you could ask a friend to go into the gym and to make exactly the same enquiries as you did - except that this time carry a concealed recorder and record what they say. If they say the same thing as they did to you, come back here.

 

Anyway, write them a letter - explain what has happened. Tell them that you object to their threats and that you will not be paying anything and that if they want to go to court, you will be happy to meet them there and to explain it all to a judge.

 

After that don't respond to anymore of their threats and come back here and keep us updated. However if you could record a conversation in which they make you these promises, that would be very useful for you and for many others

[king12345]

Tell them to put it in writing. In fact you should be doing everything in writing from now on.

 

If you want some fun, you could ask a friend to go into the gym and to make exactly the same enquiries as you did - except that this time carry a concealed recorder and record what they say. If they say the same thing as they did to you, come back here.

 

Anyway, write them a letter - explain what has happened. Tell them that you object to their threats and that you will not be paying anything and that if they want to go to court, you will be happy to meet them there and to explain it all to a judge.

 

After that don't respond to anymore of their threats and come back here and keep us updated. However if you could record a conversation in which they make you these promises, that would be very useful for you and for many others

I second this.

Having a recording of their questionable selling techniques would prove very useful

[slick132]

Hi Tomplatt and welcome to CAG

 

Who is now demanding £300+ (is this a gym admin co.)and have they given you a breakdown of how this is arrived at.

 

No bailiffs could be involved unless court action was taken first, and that is most unlikely.

 

Do not offer to pay them a penny until we have got more info from you and offered opinion.

 

I agree that a friend with a recorder sent to ask the very same question would be the best way to get the gym to back down quickly, if they repeat their misleading info.

 

Edited December 26, 2014 by slick132
typo

[citizenB]

 

They have said if we cancel our direct debit they will immediately order the bailiffs in- something I really want to avoid as this will not help my partners anxiety !!

 

 

 

Have they put this statement in writing ?

[Tomplatt26]

Did they use the specific term 'bailiff' or was it 'debt collection agency' (or similar)?

 

Hi sequenci,

 

Thanks for your reply.

Unfortunately It was a phone call and I didn't record it.But your correct they said the minute we cancel the direct debit they said we will be in breach of our contract and it will be pass to their debt collection agency.

 

They also said because we are in breach we would have to pay the full amount. (£312) that should be £26 per month.

[Tomplatt26]

Hi all,

 

Just wanted to say thanks for all your responses , I was very close to just paying the full amount because I couldn't afford any legal help.

 

Just to add some further detail, alll of the dialogue has previously been over the phone with their membership manager, and unfortunately I didn't record the calls.

 

I asked for them specifically to respond via email after our dispute because I felt that given they are a community funded company they should have no issue with me publisising our dispute online to show how they treat customers. (They then said they would take legal action if I did and stopped emailing me.)

 

The other response is via a letter from the coo just saying that he had investigated the matter and our claims are unfounded and the membership still stands.

 

( no written threat of debt collection agency or what they would do next.)

 

I'm going to draft a letter today and put it up here before posting it off to them .

 

Thanks again all your support has really made me think we stand a chance and prevented me from giving in so easily.

[renegadeimp]

Dcas are not bailiffs. They have absolutely no power at all. Follow slicks advice and you'll be rid of these muppets forever.

[slick132]

Hi Tom,

 

See other threads for example letters and post up your draft here.

 

Keep it simple and short.