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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71055
Experience:  Over 5 years in practice
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I picked up a flyer left outside a gym, which included details

Customer Question

I picked up a flyer left outside a gym, which included details of a “Special offer”, stating that anyone joining the gym before the 31st January could sign up and pay for a fixed term of 12 months “premier membership” at the same price as the “off-peak membership”, with no administration charges for joining.. The fees were then set out as follows:
Premier membership £500
Off peak membership £250
I went to the gym on the 30th January to join up. The Staff were extremely busy, the Manager, came out of his office to deal with me. He gave me a membership form to fill out and sign that included a direct debit form. The manager asked me to fill out my bank details on the direct debit form and said that he would fill in the rest of it later. He booked me in for a free induction on the Saturday and said I could pick up my membership card from the desk when I come in.
I turned up for the induction and picked up my membership card on the 2nd February. Two weeks later I noticed that my bank account had been debited with £500. I telephoned the gym to ask why my account had been debited by £500 instead of £250. A member of staff who works at the club, explained that my membership was processed on the 1st February, after the special offer had expired. When I asked to speak to manager, that manager, I was told that he left the gym on the 7th February and no longer works there.

The main question I want to ask is in what circumstances may English courts refuse to follow a previous decision that is referred to them? Does this apply in my case?
Do I have a case and in your answer include these Is there an offer and acceptance? Is there intention to create legal relations in my situation?
Discuss whether the consideration given by me must be of equal value. If I have a contract ... what remedies may a court impose in the event of a breach of contract?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

So, in short, you signed up on the 30 January? And they didn't process it until after the February date?
Customer: replied 4 years ago.

yes thats correct....

Expert:  Jo C. replied 4 years ago.
In that case, you do have a challenge to this.

Obviously you have to take into account that I haven’t seen the flyer and the small print up it. However, if it says that if you ‘sign up’ before the 31st January then the question would be what ‘sign up’ means. Realistically it is likely that a court would say that it means the act of completing the forms and agreeing to be a member rather than the date upon which they administratively process the forms.

You will obviously have to prove that you did complete on the 30 th January but its to be hoped that the forms are dated. In any event, they don’t seem to deny that it was received before the date in question.

If they will not relent though then you will have to sue for the difference. You can issue here

Its quite unlikely that you would actually have to go to court as they are not likely to want to contest this in court. However, sometimes companies will dig their heels in and behave unreasonably or just bury their head in the sand.

If it does come to that then you will have to go to court. Its a very simple point though over what ‘signed up’ means and it probably doesn’t mean the date upon which they process the application.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.
Customer: replied 4 years ago.

Thank you Jo for the quick answer

This is my first time using this service.

Now if I rate your service either OK SERVICE or above and then you will give me related information....I wanted a deeper answer in regards some Law points ( my last paragraph)

Expert:  Jo C. replied 4 years ago.

I'm not sure what you mean?

There isn't any case law that would cover this. This comes down to the facts and the evidence in this case which isn't governed by case law.