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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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i have cancelled my gym membership (12 months contract) as

Customer Question

i have cancelled my gym membership (12 months contract) as per my right to terminate as stated on the contract t&c's as the service level is well below the standard expected (classes i signed up for were no longer running and had 3 weeks of no classes over a 2 month period since the contract started in May, original instructors all left and communication regarding class cancellation is very bad). When i initially sent my email to terminate to Ashbourne Management Services Ltd who run the membership, they sent email back confirming ok and confirmed they have closed my account. i thanked them and confirmed to them i had cancelled my dd. A few hours later they then sent another email to me retracting their decision on the grounds i had a gym and class membership which i do not have (have classes only, one of their memberships!)...i emailed back saying that it is not the case and to go back to their original decision to close my account and then they emailed back with another false accusation about booking classes on the system which was totally irrelevant and not answering my original email, i emailed back again stating the facts in the beginning when they confirmed closing my account have not changed and therefore they have no valid reason to retract and then this time ignored my comments completely and said i am still in contract and have to pay. i emailed again twice and they ignored both emails although i have a read receipt and then 3 weeks later they have sent a letter demanding i reinstate my dd and that i have to pay next installment plus £10 for admin fee! What do i do now as i assume if i run up a debt with them they will send the info to CRA's?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

What date did the contract start please?
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

What does it say in the terms and conditions?

Customer: replied 3 years ago.

FOR JOMO1972


Hi, See below as per T&C's


 


2. The Minimum Membership Period


YOU MUST PAY THE MONTHLY MEMBERSHIP SUBSCRIPTION FOR THE MINIMUM MEMBERSHIP PERIOD UNLESS YOUR MEMBERSHIP IS TERMINATED WITHOUT LIABILITY, SUSPENDED OR TRANSFERRED AS SET OUT BELOW


Your right to terminate this agreement without liability


Your right to terminate this agreement without liability is set out in clause 5. In particular, you may terminate this agreement at any time if the facilities or the services we provide fall well below the standard that you reasonably expect us to provide.


5. Termination


This agreement may be terminated (a) in the circumstances set out below or (b) by either party at any time in response to any other serious breach of the other party's obligations under this agreement.


You may terminate this agreement at any time if the facilities or the services we provide fall well below the standard that you reasonably expect us to provide.


 


 

Customer: replied 3 years ago.

FOR JOMO1972



Hello, have you seen my response to you regarding the T&C's?

Expert:  Jo C. replied 3 years ago.
Sorry if I'm missing the point but what is the serious breach here?

Customer: replied 3 years ago.
FORJOMO197
Upon joining there were various classes advertised as being available which later found out do not run and never have done. The classes being available on a classes only membership is what should be reasonably expected as a minimum acceptable level and there were at least 3 weeks in the short time a member where the classes that were available did not run at all with no alternative being offered. The instructor informing that she is leaving and there is no more classes which was the last straw. Lack of communication between gym and members to inform when classes are cancelled. This reason above was confirmed ok for me to cancel and I have an email stating that they closed my account. Then retracted decision stating falsely that I have joint gym and classes membership which I don't have and they have confirmed in another email to me that I am indeed on classes only but still won't go back to original decision and won't answer my questions as to why just demand I pay my membership.
Expert:  Jo C. replied 3 years ago.
Thats a problem I'm afraid.

Is the gym otherwise available to you? So its just the classes that don't run?
Customer: replied 3 years ago.
Jomo1972 Sorry I thought I made it clear I have a classes only membership therefore I do not have gym usage included in my membership and I would have never wanted it anyway I joined for the classes only which is why I have a classes only membership.
Expert:  Jo C. replied 3 years ago.
Was this all classes?

Or a proportion? What proportion roughly do you know?
Customer: replied 3 years ago.
FORJOMO1972 Unlimited classes
Expert:  Jo C. replied 3 years ago.
Sorry, I meant how many were unavailable?
Customer: replied 3 years ago.
FORJOMO1972 12 advertised on the website or social media but half never ran and then some of the remaining classes were cancelled as other instructors left. Couple of weeks before my notice to terminate there was one instructor to run the 3 classes that i attended but then she had 2 weeks off so no classes running at all. Same happened earlier in my membership too for about a week.
Expert:  Jo C. replied 3 years ago.
Are you able to estimate how many out of the total weren't available?
Customer: replied 3 years ago.
I appear to wasting my time here as I have stated this in the previous message. Can you please read the previous before asking questions I have already answered.

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