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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25638
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I pay my golf fees on a monthly basis but due to work

Resolved Question:

Hi,
I pay my golf fees on a monthly basis but due to work commitments I am no longer able to play. I have submitted a letter of resignation but been told that as per the statement below I must carryon paying even though I cannot play.
'If you take up the direct debit option there is a 6% admin charge, this option will constitute your acceptance of a 12 month fixed term contract. Thus if you decide to leave the club for any reason within the membership year your monthly re-payments still have to be honored in full'.
Is this legally binding?
Thank you
***** *****
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask ifyou were given any terms either by email or in writing when you elected to pay by direct debit please? The statement you kindly post refers to your acceptance of a 12 month contract but were you notified of that condition prior to electing to pay in this way?

When did you begin payment by direct debit?
Customer: replied 2 years ago.

1st February 2015

Expert:  Joshua replied 2 years ago.
Thank you for the above. May I trouble you also let me know the answer to my other query which was:May I ask ifyou were given any terms either by email or in writing when you elected to pay by direct debit please? The statement you kindly post refers to your acceptance of a 12 month contract but were you notified of that condition prior to electing to pay in this way?
Customer: replied 2 years ago.

Please see below


Hi Joe, This is a copy of your renewal Notice for 2015.


Swinton Park Golf Club (1996) Ltd


East Lancashire Road, Swinton, Manchester, M27 5LX Tel: 0161(###) ###-####(Opt 2)

Mr Joe F Kelly 6 Tayton Close
Tyldesley
Manchester
M29 8XD


Joe F Kelly - Subscription Renewal Notice 2015


Thank you for your continued membership, your 2015 (1st feb 15 -31st Jan16) membership subscription fees are now due, the details of which are shown below. Please note that all payments should be made by the Due Date.

Due Date: 1st January 2016 Membership Number: 1304 Category: Gold Full (+ Partner)


































Subscriptions Gold Full (+ Partner)



£870.00



Affiliation Fee



£10.00



Club Card Levy



£50.00



Refurbishment Levy



£30.00



Locker (Standard)



£30.00



Payment Surcharge



£54.00



Total



£1044.00



You can pay your 12month membership renewal by Cash, Cheque, Debit Card, Credit Card (+2.5%), Direct Debit or online banking.









If you take up the direct debit option there is a 6% admin charge, this option will constitute your acceptance of a 12 month fixed term contract. Thus if you decide to leave the club for any reason within the membership year your monthly re-payments still have to be honored in full.

If after your 12 months membership period you decide you do not wish to renew for the following year, we require your resignation in writing by the 31st December.



Your Direct Debit: The sum of £169.50 will be collected on or near the 1st February and £79.50 thereafter on or around the 1st of each month with the final payment on 1st January 2016.

Expert:  Joshua replied 2 years ago.
Thank you. I regret that it appears that if the above is what was provided to you, it does appear that in deciding to make payments for membership fees, you have accepted a 12 month contract as set out in the terms of the renewal notice. Under those terms, payment for the balance of membership fees would continue to forward you up to and including 31 January 2016 providing you give notice to cancel on or before 31 December 2015-from what you say, you have already providded that notice.There are common-law rules which require any party claiming a debt to mitigate its losses so far as is possible and accordingly, if you can find a suitable person to take on your membership you can propose to the golf club that that alternative individual takes over your membership. Because the golf club is under a common law duty to mitigate its losses, providing a person is suitable for membership under the club rules, the club cannot unreasonably refuse your proposal and if it does so, it may be unable to claim the full cost of the remaining amounts due to the club under the above agreement. You may be successful in finding an alternative person if you were willing to consider subsidising the membership - e.g. offering to contribute an amount to the monthly membership is to make it to individual concerned then becoming a member directly. it is of course true to say that this would cost you some money but it would be far less than paying the remainder of the club fees absolutely. you could potentially advertise for such an individual if you're not aware of anybody looking to membership personally or ask around at the club to see if anyone knows of a contact that might be interested in such an offer.I hope the above is of assistance though I am sorry that it is not overly postive news but I have a duty to advise you based on the facts and would not wish to unfairly spin the facts so as to provide any false hope. If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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