I paid for my annual membership up front at the beginning of the year.
In June I had a serious illness and took advantage of a clause in the contract which said I could cancel my membership for this very reason and recover a refund. This would be subject to 30 days notice and a "reasonable admin fee". I have no objection to either.
What I do object to is that Bannatyne initally offered a refund of £85.00. I had pre-calculated about £170.00. I wrote to them to ask if an error had been made, submitting my own calcs for them to check allowing £12.00 for the admin fee ( a figure isn't stated in the T & C's) and the full cost of the 30 day period.
They replied a month later offering £130.00 stating the admin fee is set by the board of directors at £75.00 but they have generously reduced this to £50.00. I objected to the level of the admin fee and said I would accept £165.00 without predjudice. They refused my offer stating again "the administration fee of £75.00 is set by the board of directors and is deemed reasonable"
Given the cost to join is £10.00 there is no way £75.00 or even £50.00 can be deemed reasonable. It's either a penalty or a way of profiteering in my view.
I'm contemplating challenging the reasonableness of the fee in the Small claims Court citing the level when compared to the joining fee as disproportionate and the fact that if the fee is set by the directors, why isn't it printed in the T & C's. Surely if Banatyne know what the fee is in advance they could and should state it in advance?
What do you think??
In June I had a serious illness and took advantage of a clause in the contract which said I could cancel my membership for this very reason and recover a refund. This would be subject to 30 days notice and a "reasonable admin fee". I have no objection to either.
What I do object to is that Bannatyne initally offered a refund of £85.00. I had pre-calculated about £170.00. I wrote to them to ask if an error had been made, submitting my own calcs for them to check allowing £12.00 for the admin fee ( a figure isn't stated in the T & C's) and the full cost of the 30 day period.
They replied a month later offering £130.00 stating the admin fee is set by the board of directors at £75.00 but they have generously reduced this to £50.00. I objected to the level of the admin fee and said I would accept £165.00 without predjudice. They refused my offer stating again "the administration fee of £75.00 is set by the board of directors and is deemed reasonable"
Given the cost to join is £10.00 there is no way £75.00 or even £50.00 can be deemed reasonable. It's either a penalty or a way of profiteering in my view.
I'm contemplating challenging the reasonableness of the fee in the Small claims Court citing the level when compared to the joining fee as disproportionate and the fact that if the fee is set by the directors, why isn't it printed in the T & C's. Surely if Banatyne know what the fee is in advance they could and should state it in advance?
What do you think??
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