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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 61676
Experience:  Qualified Solicitor
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I used to be a member of Bannantynes health club. Due to

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I used to be a member of Bannantynes health club. Due to financial pressures, I ended the membership at the end of July. I told two members of staff at the club that I was ceasing my membership at the end of the month. Neither person told me that I had to put it in writing. Since then I have been chased by a debt collection agency - ARC (Europe) who have passed it to a solicitor to issue court proceedings. As I told staff at the club, I feel I am being held responsible for their lack of training/following procedure. Can I challenge this?
JA: Where are you? It matters because laws vary by location.
Customer: South Wales
JA: What steps have you taken so far?
Customer: None. In response to one of their emails, I responded with the same facts as I've given you above. I haven't responded to the latest letter from the solicitors.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long ago was this?

Customer: replied 5 days ago.
I told them in June this year and ended the membership at the end of July.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Can I just check if the contract you had with them specifically said you must give notice in writing?

Customer: replied 5 days ago.
Yes it does, but it was something I signed over 4 years ago.

Ok thanks. Sadly you have failed to follow the terms of the contract you had in place, even if it was something you signed 4 years ago. It is your responsibility to submit the notice as per the terms of the contract and not for the staff of the gym to point out if you had not followed the terms, Ethically, they may have been expected to say that you had not handed in the notice as required, but legally they are not obliged to do so. Therefore as far as the legal position stands, you have failed to follow the contractual terms and could indeed still be liable for membership fees due. Saying that you may be able to reduce what you owe to a degree on the basis that you did give some notice and did not use their facilities, but you cannot force them to accept that. So if they are not happy with what you offer to pay they could still take it further to the Small Claims Court to try their luck there.

 

Does this answer your query?

Customer: replied 5 days ago.
Yes thanks, it was worth asking.

All the best

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