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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience:  Over 5 years in practice
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A gym broke into my hired locker, stole my gear and continued

Customer Question

A gym broke into my hired locker, stole my gear and continued to charge membership. They refuse to give me a refund for my goods and the membership fees I paid without being able to use the gym (because they stole my stuff). I have been trying to sort this with the company and they refuse to pay me back. They are arguing that I am lying! I am going to sue them and I want to know if I can also claim moral damages for all the hassle they have put me through and for mistreating me acting towards me as if I were a lier.
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
How do you know they stole it?
Customer: replied 1 year ago.
They were refurbishing the gym, they changed the lock with refurbishment. When I arrived I could no longer open the locker because they had changed the lock. Then I asked where they had put my stuff and nobody new where my stuff had gone. After that, when I began dealing with this in writing, the manager said that when they opened the locker "there was nothing inside". I did not take my things out of the locker, so who did?
Expert:  Jo C. replied 1 year ago.
Well, possibly a third party?
Expert:  Jo C. replied 1 year ago.
Like most locker room thefts? How do you know that didn't happen?
Customer: replied 1 year ago.
But there was a refurbishment going on. They changed the lock! If they changed the lock, then they opened the locker.
Customer: replied 1 year ago.
All of this happened during a refurbishment. They refurbished all the lcokers, including mine. but I was travelling and they never called me to pick up my stuff.
Customer: replied 1 year ago.
Plus, as far as I know, if I am hiring a locker in their premises, that means they have to take care of my goods with care and skill.
Expert:  Jo C. replied 1 year ago.
No, it doesn't I'm afraid.So there is no evidence that a third party did not do this?
Customer: replied 1 year ago.
No.
Customer: replied 1 year ago.
the refurbishment is the evidence that the company opened the locker
Customer: replied 1 year ago.
and citizens advice told me that accoridng to the consumer act, they should have taken care and skill with my stuff while in their premisses
Expert:  Jo C. replied 1 year ago.
The CAB have no idea.
Customer: replied 1 year ago.
so I have no rights whatsoever? they can just refurbish the locker, my stuff disappears, I can no longer use the gym because I do not have shoes or anything and they can continue to charge me? It is not fair! There must be a way for me to get my money back
Expert:  Jo C. replied 1 year ago.
I'm afraid that there is no realistic claim for the fees. The gym is available to you. The fees are due if you are locked into a contract with them. This incident was obviously unpleasant but it is not something that strikes at the heart of the contract allowing for cancellation.In relation to the property, the CAB have given you incorrect information. The fact that you use a locker does not make the venue a bailee of the goods. A bailee would have a duty to take care of them. A locker is used at your own risk. One might argue there is a duty to ensure the locker is reasonably good maybe but none of them are foolproof.If you can prove that they did steal your goods then clearly they are liable but from what you have said you cannot. You have just make a deduction from the fact that your property was gone which might be a reasonable one but it is not proof.
Expert:  Jo C. replied 1 year ago.
It might have been possible to try to argue the refurbishment left the locker insecure allowing a third party access but there isn't really enough evidence to support that either.The plain fact here is that nobody can discount the possibility of plain old third party locker room theft for which the venue is not liable.You do have rights. You just don't have a claim against the gym for things for which they cannot be prove to be liable.
Customer: replied 1 year ago.
But it was not a locker of common use, it was a hired locker. If I am paying for a locker, it should be secure.
Customer: replied 1 year ago.
The hired locker is a service.
Expert:  Jo C. replied 1 year ago.
How does a locker service differ from any other locker?
Customer: replied 1 year ago.
the normal gym locker is part of the gym contract, but the hired locker is a new contract. I am not allowed to leave stuff in a "public" locker of the gym. But if I am hiring a locker I am buying another service. The service of being able to leave my stuff safe inside the gym's premises
Customer: replied 1 year ago.
This is so unfair! I cannot believe I have no claim. It is outrageous.
Expert:  Jo C. replied 1 year ago.
Ok. So in what way does it differ from any other locker?
Expert:  Jo C. replied 1 year ago.
You certainly have no claim for the fees.At the very highest point you might have a claim for the value of the products that were actually in the locker if you can prove they were a bailee of the goods. And you would have to prove what was in there although a court would probably accept certain things as standard.
Customer: replied 1 year ago.
Can I ask them to show CCTV footage of the day they opened the lockers? Everything I had inside the locker was standard. And I could not use the gym preciselly because I would have to buy new tenis shoes, swimming suits, googles, etc.
Customer: replied 1 year ago.
How could I use the club with no gym gear?
Expert:  Jo C. replied 1 year ago.
I'm afraid a court is not going to accept that having no gear is a bar to using a gym. Most of us have spares of gym kit and anyway it was always possible to purchase a spare set over the entire expanse of a gym contract.
Customer: replied 1 year ago.
I do not think it is fair that I have to buy everything again in order to use the club! I was a student and bound by a contract. I did not have a spare gear. I am sorry, but this assumptions is a little classist. I did not have the money to buy a new gear. I might have misunderstood you, could you rephrase? What do you mean by entire expanse of a gym contract?
Expert:  Jo C. replied 1 year ago.
It may very well not be fair. It is not unlawful which is the issue. The law of contract is not about fairness I'm afraid.I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69992
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
I am sorry I did not give you any tips, but really £47 pounds is already a lot for me. So what would be your advice? That I forget about it? what are my options?
Customer: replied 1 year ago.
hello? From the point of view of consumer law, is there any course of action that I can take?
Customer: replied 1 year ago.
Is this conversation over? If it is, I must say that I am not satisfied. I paid the highest amount for my question because I wanted a detailed response. I am afraid that I have not received enough information from the perspective of consumer law. And I am not satisfied. If this is not your expertise than could you forward my question to another professional? If not, I will have to ask for my money back.
Expert:  Jo C. replied 1 year ago.
If you intend to ask for your money back then I will opt out for you.
Customer: replied 1 year ago.
Hi Jo C. Perhaps it would be best if you referred me to another expert. When one looks for a solicitor, one is looking for someone who will try to understand the case and help to connect it to a legal framework. My impression is that consumer law is not your expertise. From our conversation, I had the impression that you were the gym's lawyer and not someone who is trying to help a consumer to make a case based on consumer law. I understand that you were trying to understand the case, but I received very little expert information to help me understand how my case relates to consumer law. Moreover, I found disturbing that you pressured me to rate you and as soon as I rated you with OK, you stopped answering my questions. I rated OK because I did not want to give you a bad rating without giving you a proper chance to engage with my case. I want to be fair with this service, but I also expect to receive responses from an expert. The expert, I believe, is someone who is able to empathise with a client's issue and helps the client, using his expertise, to build a legal case.

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