refused covid refund from sports club

[Guest]

Joined a Sports Club in March 2020....£578 for a gold family membership (me, husband, son). Used the club for two weeks and then lockdown one. Joined to play squash so unable to play pretty much all year as it's an indoor sport. Could have played tennis though so based on this club has been open for us for 20 weeks but closed for 32. Have requested 32 weeks of refund. They have refused. Where do i stand?

[EnglandPi]

You need to post the contract you signed here, before we can offer any advice on how to proceed.

[Guest]

Joined a Sports Club in March 2020....£578 for a gold family membership (me, husband, son). Used the club for two weeks and then lockdown one. Joined to play squash so unable to play pretty much all year as it's an indoor sport. Could have played tennis though so based on this club has been open for us for 20 weeks but closed for 32. Have requested 32 weeks of refund. They have refused. Where do i stand?

I have not been given or asked to sign a contract. I have asked for terms and conditions and not been given any. I have asked for a receipt and not been given any.

[Guest]

I have not been given or asked to sign a contract. I have asked for terms and conditions and not been given any. I have asked for a receipt and not been given any.

[EnglandPi]

Do you have proof of payment?

[paulajayne]

Does their website have Terms and Conditions on it?

[Guest]

Barnt Green Sports Club. Tennis, Badminton & Squash Club
Cannot find any terms and conditions on there (link above). And the only proof of payment is a bank statement from our end. I have been told that there is a "membership mojo" to access these things but i am am asking for log on details and not getting them. A solicitor says i am entitled to a refund but it will cost £410 plus VAT to use her....i am claiming £363 from the sports club so does not make economical sense. So frustrated that they are being unreasonable.

[Guest]

They are offering £363 discount if i renew my membership but i don't want to renew. Because i won't renew i get £0.

[Scot22]

The club, like many others, has suffered a significant financial hit. For its future it must safeguard its finances. I think it has tried to be reasonable.

[Guest]

So i back down? It's in a middle class area with loads of members. We aren't local. We don't have a history with this club. No loyalty established.

[Scot22]

Fair point. Since the club seems to be quite secure your position is perfectly reasonable.
Unfortunately, I don't think you have a strong case having no written evidence. It is always difficult to get money from the other party without incurring costs.
Are you able to make a legal claim without involving a solicitor ? Perhaps see if you can get a free initial consultation.

[des8]

So back to square one.
You had a contract with the club to provide certain facilities
Due to covid they were unable to provide all those facilities.
I don't see why you can't bring a claim for partial frustration of contract and so should receive at least a partial refund.

Whether it is worth a letter before claim, and if still refused continuing with a county court claim is debatable.
Costs will be low if you do it yourself and lose, but is it worth the stress even if you win?

[Guest]

I can't afford a solicitor. The cost of the solicitor £410+ VAT is more than the partial refund I am owed. I have since contacted Citizens Advice and HMRC to see if a CASC should refund. CASC have access to funds and benefit from tax breaks so should be able to refund and the CMA guidance says if you ask for a refund you should receive one without having to go to unreasonable lengths. Doesn't the 2015 Consumer Law protect my rights too? There will be terms and conditions, a receipt and a contract somewhere but the club is denying us access to these for some strange reason. Is it any wonder i don't want to renew my membership with them. They are not being transparent at all!

[des8]

Yes, you do have rights and the way to enforce them if all else fails is via the courts.
However you are looking for a "smallish" amount and as you have found solicitors costs will far outweigh any court award.
That leaves you the possibility of acting for yourself in court.
Now that can be done, but it is time consuming and can be stressful, so you have to take all that into account before initiating court action

[islandgirl]

Would this not be a small claims court action? Easy to do yourself, all online and not a huge cost (which you get back if you win)