I entered into a contract with a health club, for a minimum of a year. I joined for my children to use the gym etc...however I was not told at the time the limitations to the usage ie at certain times only etc. It is therefore usless to me and I think it was mis sold to me. I tried to cancel my membership and have now cancelled my direct debit to the company and have written many letters etc. They do not listen to my point and just site contractual duties. Do they not have the same duties to provide the service offered? I am at my wits end, as even the area mananger is ignoring me...except to threaten me with legal action. What are my rights ?
2006-06-20 00:24:40 · 11 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Thanks for the answers so far...I`m in the U.K
2006-06-20 00:46:57 · update #1
Give one months notice, and you should be fine, its consumer contract so any clause will be subject to reasonableness test in schedule 2 of ucta. (unfair contract terms act 1977)
Where a contract has very onerous terms then those terms should specifically be brought to your attention. Even if they were the law will not allow the inequality of bargaining power since you are contracting on their standard terms, so every clause has to be reasonable.
If the service is substantially different to what is promised then that is a repudiatory breach of contract and you should be entitled to rescind the contract, effectively be brought back into the position before the contract.
I would suggest give notice to terminate on the grounds that they have failed to perform their end of the bargain, if they do not agree you may go to a solicitor and negotiate that way. It depends how much money is involved, whether you should go for small claims or not.
Write a letter to the company detailing your issues, and say you have all evidence in writing, and wait and see, more than likely they will back out. Even if they issue proceeding from what you have described you have a good counterclaim.
2006-06-20 02:53:20 · answer #1 · answered by logicalawyer 3 · 2⤊ 0⤋
Does the contract IN SMALL PRINT state that there are specific times for the kids? And is it posted ANYWHERE in the club about the limited times for kids? If the answer is no, then you could legally fight it. BUT I would contact a lawyer and see what I can do to sue the hell out of them. All too many clubs pull garbage like this and get away with it. It's time to put them in there place. I can garantee once they see notice from a lawyer they not only would be willing to cancel the contract but I bet they even offer you your money back. Good luck.
2006-06-20 00:33:07 · answer #2 · answered by GRUMPY 7 · 0⤊ 0⤋
i think you have a good case if the didnt note fully explain all of the circumstances to you in the being you can sue them for fraud. threaten them with legal action. Call a free consultation lawyer if matters get worse. He'll tell you the same thing i did.
2006-06-20 00:29:58 · answer #3 · answered by dd 2 · 0⤊ 0⤋
call theif bluff, However you do have the right to back out in the first 3 days.
If they misrepresented there product you have a case. You will win, and you can get them to pay you fees. If you are right.
2006-06-20 00:33:20 · answer #4 · answered by mike67333 6 · 0⤊ 0⤋
Or you can quit paying your bills and have them send a collections out on you and mitigate your problems with a debt collector :(. Read before you sign the dotted line ;)
2006-06-20 00:30:23 · answer #5 · answered by Kevin P 1 · 0⤊ 0⤋
You need to take this to your lawyer....i once was in a situation like this.....get him to read the contract, the must be loophole somewhere. And act fast before this blows out..
2006-06-20 00:27:31 · answer #6 · answered by Missylicious 3 · 0⤊ 0⤋
ok. right here in the south of britain we did that a lengthy time period in the past, Santa now is provided in, craps in the hearth, pulls the tree down and steals the television. he's Santa's third cousin 3 cases bumped off said as Scouser O'Christmas.
2016-10-14 08:11:11 · answer #7 · answered by ? 4 · 0⤊ 0⤋
go to county court pay twenty quid and get a decision from court.
you will find when you file they will back down on publicity grounds good luck,your a winner
2006-06-20 01:09:13 · answer #8 · answered by Anonymous · 0⤊ 0⤋
What state are you in? Many states have VERY tough consumer laws that you could invoke to your advantage.
2006-06-20 00:41:24 · answer #9 · answered by Top 99% 3 · 0⤊ 0⤋
the time to check out all this was before you signed now you need to pay your obligation
2006-06-20 00:28:12 · answer #10 · answered by Anonymous · 0⤊ 0⤋