blade77 Posted November 26, 2006 Author Share Posted November 26, 2006 Hi, Thanks for your response. The debt collection agency just add their costs (upto god knows what) onto the amount and then take you to court for the new big total! I asked the nice people at the debt collection agency what these costs would be and they couldn't tell me!!! I did phone fitness first to pay the 51.95 outstanding (26.95 fees and 25.00 charge they added). Did not make the payment, because they then had added another 25.00 but then could not tell me what it was for and actually made up a couple of reasons why I was on the phone. No one in their right mind is going to pay a company anything, unless they can tell you what it was for. After another compaint letter to them, they sent another one saying the 75 was all for fees! Fees for what, at one point during the phone call they said the extra 25 was for a fee for sending me a copy of my contract. I never requested it or they sent it to me. How do I know they are not still charging me for this non-sent contract. The debt collection agency are hounding me for the 51.95, but fitness first say I owe 75 (I have a letter stating this). I am worried if I pay the 51.95, what is then stopping them asking the debt collection agency for the other 25, or 50, or 75, basically whatever figure they can make up. Yes you are right about the data protection tenner, the goverment allows companies to charge UPTO a tenner. Guess what, Fitness First charge the max! Not too much of a suprise. Really good ideas about myself doing legal action, the press, other clubs and the cowboy / pirate outfits. If you could send me a FF contract, that would be great. My wife had a similar problem with a parking ticket at Mothercare at the end of the moor. People may remember, it was 4 years ago ish and she was pregnant. After a full page story in the sheffield star, Mothercare then paid the ticket. Thanks again Stuart. Link to comment Share on other sites More sharing options...
blade77 Posted November 26, 2006 Author Share Posted November 26, 2006 Blimey didn't see this coming. A solicitor (who wants to remain anonymous), has just e-mailed two letters to sign and send. One for Fitness First and one for the Debt Collection Agency. This very kind gentleman or lady really knows her office of fair trading stuff. Thanks to you again for this. This should sort out the problem, should be an interesting week... Watch this space. Stuart Link to comment Share on other sites More sharing options...
GazB Posted November 27, 2006 Share Posted November 27, 2006 My only gripe would be that it should open earlier and close later, especially at weekends. 6.30am until 10pm, how can you have a gripe with that? Even at weekends it's still 8am - 8pm! Link to comment Share on other sites More sharing options...
blade77 Posted November 27, 2006 Author Share Posted November 27, 2006 16:29 Another hounding phone call from the debt collection agency. I asked them to put the account on hold as I am disputing the admin charges with fitness first and they said they are now going to take me to court. Link to comment Share on other sites More sharing options...
blade77 Posted November 28, 2006 Author Share Posted November 28, 2006 I phoned up the club last night and spoke to the manager. They say I owe 53.90 (two payments), the debt collection agency is chasing 51.95 (one payment and an admin fee) and the head office say I owe 76.95 (one payment, admin fee and got knows what else). The manager said the best she can do is waive the admin fee. I don't trust head office or the debt collection agency to then come after me for their admin fees. She would not put this in writing beforehand! I would also like a letter addressing my complaints. When the club originally phoned up to chase up the outstanding amount and I made the complaints, these never got passed on. When I put them in a letter to head office, they responsed "thanks for your letter, we have passed it onto the club". The club never recieved it or it got lost! I got the impression they are more interested in the money, than addressing any complaints on their service. She did try and justify the no joining fee by comparing it to a car showroom advertising 0% finance and then charging an admin fee. I'm not an advertising expert, but in 2004 the advertising standards authority said that Fitness First should include additional charges in the headline, rather than in an asterisk linked to a small footnote. On the website, the small footnote is not actually a footnote, but on the next page. Stuart. P.S. I love google, if you search for "fitness first sheffield", this thread actually comes in 4th. Link to comment Share on other sites More sharing options...
go4it Posted November 28, 2006 Share Posted November 28, 2006 Found the contract, PM me if you need to know anything specific. Couple of points lifted from Watchdog: Am I legally bound by a contract with a phone provider? My phone provider has failed to provide me with a service, yet the contract states that if I cancel I must pay the monthly subscription for 12 months. GM, London If your phone provider hasn't provided the service set out in your contract, you'll be entitled to compensation. Whether you're legally entitled to terminate the contract will depend upon the seriousness of the breach, for example, the extent to which you haven't been provided with the agreed service. In relation to the obligation to pay 12 months subscription if you cancel, it may well be that this is 'unfair' under the Unfair Terms in Consumer Contracts Regulations. If so, the term won't be binding on you and we recommend you to report the phone provider to the Trading Standards Department of your local authority, and/or to the Consumers Association. Where appropriate, these bodies can take action to get unfair terms either modified or withdrawn by the relevant supplier. OK that's for phone - but it's the whole 12 month thing Gym related: I want to stop the contract with my gym. I've been a member of a health club for 16 months. In the past six months the place in general has gone downhill (for example, price increases, equipment failing, general cleanliness). I've chosen to leave, but was told I'd have to serve three months' notice. Obviously I feel this is a bit harsh. I also don't recall signing a contract that stated three months' notice would be required. But if I did, surely the degradation of the service offered by the gym meant that they were breaching any contract thus making it null and void. I'm thinking of ending my direct debit with them, but am worried whether this is legal, or will they serve some form of debt collection notice on me? SC, Solihull You obviously do have a contract with the health club, whether oral or written, and we suspect it will be a signed written contract. What you need to do is to check precisely what are the terms and conditions of your membership (as stated in the contract) in particular, in relation to giving notice. If you're required to give a certain period of notice, you must comply with that requirement, otherwise you yourself will be in breach of contract. As far as degradation in the service is concerned, this may amount to a breach by the club of Section 13 Supply of Goods and Services Act, which requires services to be provided with reasonable care and skill, or otherwise breach of an express term of your contract. If there's been a breach by the club, then you'll be entitled to some compensation. The problem you may have is establishing a breach. Link to comment Share on other sites More sharing options...
whitewitch Posted November 28, 2006 Share Posted November 28, 2006 i too had trouble when i enrolled in the halifax road fitness first. Due to ill health i had to cancel my contract as i could barely stand up never mind get to gym, i wrote to fitness first and told them of my delema and cancelled. It was about 8 months later i finally heard from them asking for their money, i was getting nasty letters taking me to court, phone calls, i told them i wasnt paying and to see them in court, as i had cancelled it due to something beyond my control. In the end i must admit they left me alone, but this was after numerous letters and phonecalls from myself. I wouldnt recommend them to anyone Link to comment Share on other sites More sharing options...
MissChatter Posted November 29, 2006 Share Posted November 29, 2006 I looked at fitness first as well, this was because of the no joining fee offered, I also booked and was expected to pay x amount for all this personal training etc they were offering. I decided there and then not to join and jumped on the bus to hillsborough leisure centre. There is no joining fee the classes are really good and there is the bouns of a swimming pool. What I am impressed about is the fact it is run through sheffield council Hillsborough Leisure Centre is just as good as the big companies such as ff and virgin. Link to comment Share on other sites More sharing options...
blade77 Posted November 29, 2006 Author Share Posted November 29, 2006 The Sheffield Star has just phoned, they want to publish this story tomorrow night (30th November). Heading off at 1pm to have my picture taken, should be interesting. Stuart Link to comment Share on other sites More sharing options...
whitewitch Posted November 29, 2006 Share Posted November 29, 2006 The Sheffield Star has just phoned, they want to publish this story tomorrow night (30th November). Heading off at 1pm to have my picture taken, should be interesting. Stuart Well, good luck, and remember to smile Link to comment Share on other sites More sharing options...
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