** WON ** MCOL Court Date - Advice about Witness Statement

[lucky13]

Yes all hearing fees and costs, I received 25% of my membership fees back over a 16 month period which is what I asked for ....interestingly they were desperately trying to get my health any safety complaint about the fire doors being locked/faulty removed from the claim as it wasn't in my initial claim form on the MCOL website...I'm pretty sure they had an ulterior motive for getting this removed as it may have had more serious repercussion at a later stage.

[lucky13]

Well done on winning your case, did you manage to get all of your costs back?

I am interested in your argument about the clause being unfair and it would help me and the rest of the forum readers if you could provide a summary of your argument on that point as to why it was unfair (I don't think you've given us the background or reason as to why you are claiming against the gym). Also any arguments by the gym's solicitor as to why it wasn't an unfair clause would also be of help.

The issue I had was that my gym was failing to maintain the gym equipment or air con facilities to a high level, a lot of the work was bodged and lots of temporary measures were put in place meaning many items failed again and again almost on a weekly basis. My gym argued that this was general maintenance and that they had every right to carry out as much work as they wanted to due to the clause they had added in my contract.


"We have the right to increase, reduce or withdraw certain facilities, services or activities in any of our clubs either permanently or temporarily ( for example to carry out cleaning, repairs, maintenance or security work"

I argued that I had no problem with general maintenance but what they were doing was abusing the above clause by carrying out substandard repairs that meant the equipment failed much more often, I had many dated photos showing the same equipment broken repeatedly or showing bodged repairs I then quoted the below act.

the Consumer Rights Act 2015 Part 2 Section 62 Part 4

(4)A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.


The solicitor then tried to argue I had fabricated the evidence but due to the sheer volume of my evidence such as photos and dated complaint emails to staff the solicitor was overwhelmed.

I hope this helps others as it definitely went a long way to helping my case succeed.