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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We pay £42 per month by DD to swim at our local Aquatic

Resolved Question:

We pay £42 per month by DD to swim at our local Aquatic centre. The centre is run in partnership by Sunderland Council and a private company. For the last 4 years there have been 3 separate ares for swimming in a 50mx25m pool. The management have now chosen to exclude the general public from the 25m of lanes in the deep water half of the pool, causing great congestion in the remaining area. Having provided a certain level of facility for the previous 8 years, does this constitute a breach of contract?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

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?

Customer: replied 1 year ago.
No. There is no written contract. I just wondered if a 50% reduction in area for swimming for the public was reasonable variance in provision of service. The reason for the reduced space is so that one less lifeguard needs to be on duty per session thus saving money.
Expert:  Ash replied 1 year ago.

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?

Alex

Customer: replied 1 year ago.
No, that is all very clear. Thank you for your help.
Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

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