Am I owed a refund for upgrading gym contract

[legalfun]

Hi all,

I had a gym membership ongoing that I paid monthly for via direct debit. In April I was offered a discounted price if I paid for 12 months up front, so I did.

My membership monthly cost £40. I signed a new contract for the annual membership on 16/04/2022 and paid £350.

Now, since I upgraded during the middle of the month, I have effectively paid twice for the second half of April. Do my gym owe me £20? I should have just had the membership run from the start of May but really didn't think about it.

I'd ask the gym management but they don't understand nor abide by their own contracts and there is nothing in the contracts that talk about upgrading.

Thanks

[echat11]

Hi Legalfun

It is unfair and you would think that they would want to keep you 'happy'.

Send them a formal letter of complaint. They will have a complaints procedure on their website. Make sure you get Proof of Postage.

They might be members of a free ADR Scheme.

Update the thread.

.

[legalfun]

Hey echat11,

Thanks for your reply.

So, I'm on really bad terms with them for a separate issue. I initiated a cancellation as I moved according to this section of our contract:

"Relocation: You may request to cancel your membership if you move outside of a 15-mile radius of the location of the Club within the Commitment Period and you decide that it is not practical for you to attend the Club and an alternative Anytime Fitness club is not located within a 15-mile radius of your new address. Proof of your new address must be provided with your cancellation request. Documents which are acceptable as proof of your new address include: utility bills (gas, water, electric), council tax bill, formal tenancy agreement, house purchase agreement, all of which must be current (dated within the last 2 months) to be provided at the same time as the written notice of termination. If you terminate your agreement after the Cooling Off period, you will be entitled to the following: If paid in full membership - refund on pro-rata basis less joining fee and key fob fee; If payment is by direct debit - you will need to pay the fee for one month's membership in advance only and the joining fee and key fob fee are retained by the club. The 15-mile radius rule may be amended for clubs located in major cities (for example: London, Edinburgh), but the club will need approval from the Anytime Fitness Corporate Support Office in order to amend this clause."

I provided a utility bill and they declined it (I've asked many times why and they evaded) and generally have been super slow in replying to me. It's gotten to a point where they've said they will no longer reply to me until they have an update.

So, even in the case where the contract was clear, they did not play ball.

What legal grounds do I have to a refund for half the month due to upgrading?

They have no complaints process other than "contact the club".

Thanks

[echat11]

Contact CAB / Trading Standards, report the issue to them, they will give you a Reference No.

Then write to the gym, include the following CAB / Trading Standards : Ref No XXXXXXXXXXXX.
Explain what's happened, that you seek a partial refund.

The Consumer Rights Act 2015. If they fail to contact you within 14 days you will take the matter further.

How did you play the annual subscription?

https://www.citizensadvice.org.uk/co...ym-membership/

[legalfun]

Echat11 I really appreciate your reply
silly question but am I reporting them for the overpayment? The issue with cancelling? Both?

[echat11]

Echat11 I really appreciate your reply
silly question but am I reporting them for the overpayment? The issue with cancelling? Both?

Both issues.

[legalfun]

Thanks

I paid monthly via direct debit so I could easily get a refund on that I suppose
For annual, I stupidly paid in cash (I always tell people to use a card and I did not...), I'll have to make a money claim if they don't refund me.

[echat11]

Thanks

I paid monthly via direct debit so I could easily get a refund on that I suppose
For annual, I stupidly paid in cash (I always tell people to use a card and I did not...), I'll have to make a money claim if they don't refund me.

Yes you can try the Direct Debit Guarantee.

Always pay by Credit Card, then you are covered by Section 75.

It's a good idea to gather all the relevant evidence, see how the evidence stacks up.

To get more evidence, send them a Subject Access Request, they have 30 days to provide you with all the data on the account. Make sure you get Proof of Postage. They seem to be taking 'liberties' with your complaints, communications etc. If they do the same with
your SAR, then you can lodge a complaint with the ICO.

https://legalbeagles.info/library/gu...ccess-request/

[legalfun]

Oh, so the reason why I did not use card is because there card machine was not working at the time (and they were a bit pushy in the upgrade though won't hold them to that)

How do I report it to trading standards? I used this form https://ssl.datamotion.com/form.aspx...lare.fromforms - I did not get any reference after completing nor an email

[echat11]

Oh, so the reason why I did not use card is because there card machine was not working at the time (and they were a bit pushy in the upgrade though won't hold them to that)

How do I report it to trading standards? I used this form https://ssl.datamotion.com/form.aspx...lare.fromforms - I did not get any reference after completing nor an email

https://www.citizensadvice.org.uk/ab...sumer-service/

[legalfun]

Thank you.

So I have an update. I found the email of the CEO and tagged him in the email chain.

This got escalated and the branch got back very quickly to me to initiate the refund process, so that's good.

I apparently need to call and give my card number as there is no other way to process the refund... after the bitter exchange I am not keen on speaking to them but I guess I have no choice here?

[echat11]

Thank you.

So I have an update. I found the email of the CEO and tagged him in the email chain.

This got escalated and the branch got back very quickly to me to initiate the refund process, so that's good.

I apparently need to call and give my card number as there is no other way to process the refund... after the bitter exchange I am not keen on speaking to them but I guess I have no choice here?

Well Done, just play it 'cool', don't get stressed, don't get angry.

Write down what you want to say,

e.g. 'Good Afternoon, I'm ringing up to provide my card details for a refund as requested by your Customer Service Team. Card No. XXXXXXXX, Expiry Date XXXXXXXX.

Have a Great Afternoon.

[legalfun]

Thank you very much echat11, I will do it. Will update after

[legalfun]

Had the call, we didn't say anything other than process the refund so all good.

Got a receipt for it just waiting for it to land in my account.

Thank you very much echat11, appreciate all the help (very quick as well).

[echat11]

Had the call, we didn't say anything other than process the refund so all good.

Got a receipt for it just waiting for it to land in my account.

Thank you very much echat11, appreciate all the help (very quick as well).

Glad it's worked out.