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ADVICE NEEDED- Thinking of Taking Bannatyne's to Small Claims Court

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  • ADVICE NEEDED- Thinking of Taking Bannatyne's to Small Claims Court

    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??
    Tags: None

  • #2
    Re: ADVICE NEEDED- Thinking of Taking Bannatyne's to Small Claims Court

    Go direct to the top and write to Duncan, he will sort it for you.

    Comment


    • #3
      Re: ADVICE NEEDED- Thinking of Taking Bannatyne's to Small Claims Court

      I'm afraid that the muppets that have written to you may have dropped Duncan Bannatyne in it. It won't be a case of him saying, "I'm out," but "You're out" to the muppets who wrote and sent the letters.
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: ADVICE NEEDED- Thinking of Taking Bannatyne's to Small Claims Court

        Might be worth mentioning Office of Fair Trading (OFT) v Ashbourne Management Services Limited [2011]. Also make it clear that the administration fee should have been stated in the contract in order for the contract to comply with CPUTR 2008 the admin fee most also be an accurate reflection of cost they incur for early cancellation, and that they would be required to show a proof of such costs in court should it end up going to court. There is no way that it could possibly cost them £75 to cancel yur membership, when it is probably likely to just take a click of a button and the printing of a couple of documents and the printing and postage of a letter to you confirming cnacellation.

        Also as the admin fee amount is not stated in the contract then they are not legally entitled to claim any amount. Not only that but £75-£50 does not amount to a "Reasonable admin fee" it amounts to Extortion and is therefore likely to be legally deemed as a Penalty in law.
        Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

        By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

        If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

        I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

        The Governess; 6th March 2012 GRRRRRR

        Comment


        • #5
          Re: ADVICE NEEDED- Thinking of Taking Bannatyne's to Small Claims Court

          Originally posted by bluebottle View Post
          I'm afraid that the muppets that have written to you may have dropped Duncan Bannatyne in it. It won't be a case of him saying, "I'm out," but "You're out" to the muppets who wrote and sent the letters.

          Add him on Twitter and hit him with it, much more public than writing a letter and he will want to look like the good guy to his followers.

          Comment


          • #6
            Re: ADVICE NEEDED- Thinking of Taking Bannatyne's to Small Claims Court

            Lol Ian, thats a brilliant idea!
            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

            The Governess; 6th March 2012 GRRRRRR

            Comment


            • #7
              Re: ADVICE NEEDED- Thinking of Taking Bannatyne's to Small Claims Court -**RESOLVED**

              Thanks everyone for your Help.

              Teaboy2 - Thanks for the pointers. I used them in a letter I wrote to Bannatyne and advised that I would take the case to Court if necessary. Today I received a response - all my money back- what a result!! They didn't admit any liability just offered the refund "as a gesture of goodwill" That doesn't bother me though, at least I got my money back.

              Comment


              • #8
                Re: ADVICE NEEDED- Thinking of Taking Bannatyne's to Small Claims Court

                Excellent result, Ripped-Off.
                Life is a journey on which we all travel, sometimes together, but never alone.

                Comment

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