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Hello my name is ***** ***** I will help you.
Is it a term of your agreement that you have access to a certain area of the pool please?
Assuming you pay £42 a month JUST to swim then you could argue that you should have a pro rata reduction because of this.
If it is to use all facilities ie gym etc then any reduction would probably be less as its not for a specific purpose. But in the event you may just to swim then you could argue you are entitled to a reduction or full use.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
You would also need to seek an Order from the Court declaring that you are entitled to this reduction for future membership as a result too.
Can I clarify anything for you about this today please?
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