Who is in the wrong? Us or them?

[tigwig]

Just over 2 yrs ago my hubby joined a small very local gym and had to sign a 3 yr contract. (as it happened he never ended up going back but thats another story) Anyway we have being paying the direct debit monthly then out of the blue received a letter from the gym saying it had closed and was now under a new name and a new premises right at the other side of town. I phoned up the management company (who we pay) and was told if he didn't want to continue his membership with the new gym it was fine and no further payments would be necessary. I cancelled the direct debit and thought no more of it until a few weeks ago we received a letter from the saying we were behind in payments. I phoned them again yesterday and was told they have changed their minds and the contracts are now going to be enforced. The thing is the contract that my husband signed says that it is a minimum 3 yr term to the gym named over leaf which is not the gym they now expect him to pay for. Surely they have broken their terms and conditions by changing the name and the premises of the gym? Does this make the contract void or are they right?

[factor-fiction]

Haven't you asked this previously. I remeber last time lots of answers were given. Has anything changed?

[factor-fiction]

Here is your thread from last time
http://www.theanswerb...w/Question874998.html

[tigwig]

Well this is another problem! When I asked before it was about cancelling the whole thing as hubby realised he had made a mistake. The company made it very clear that we couldn't so we have been paying it anyway even though he never goes. We thought it was great news when the gym closed as we saw it as a way of getting out of it! Its only £12 a month though so not been that much of an expensive mistake. Just don't want to give them our money if they are pulling a fast one.

[factor-fiction]

Last time the thread ended when you said:
"Well I've phoned them today and they cancelled the contract without question so obviously they were breaching it in the first place so I'm £12 a month better off now whoopee! "
Have they changed their minds since then or had you misunderstood?

[tigwig]

Yes they have changed their minds since then. I cancelled it on 22nd March and have heard nothing until a few weeks ago.

[boxtops]

Did you cancel in writing, tigwig? I must admit to cover my back I always confirm anything in writing and keep a copy of the letter. Just in case.

[tigwig]

No I didn't stupidly. I am going to write to them now though.

[factor-fiction]

Well I think all the previous answers are valid. It depends on the terms of the 3 year contract your hubby signed up to.
I'm still not clear what has changed since your previous thread

[tigwig]

The terms state they are applicable to the old gym and premises. He hasn't signed anything new so how can the original contract be valid.

[boxtops]

if the new company took over all the terms and conditions of the old one, it could be.

[bednobs]

i really don't see how they can enforce this - perhaps he joined because it's conveniently close, and now new prremises are further away meaning he can't use it?

[AlBags]

Well they have changed the terms of contract with you .. .by moving across town, TBH. This may not be convenient at all for some members.
So there is less than one year remaining .. If you write another letter stating that they have moved which was not in original agreement, and you have not agreed to anything else, I am sure they will not bother taking further.

[factor-fiction]

We can't give a definitive answer on this without knowing the contract terms. including any provision for a change of location

[factor-fiction]

I hope you are right eddie51, and bednobs is usually right on these matters, but I think a contract can validly be transferred to whoever takes over a company, and the contract terms will determine whether or not the contract remains valid if the gym changes address or ownership.

[bednobs]

true factor- i am speaking froma common sense point of view, which of course has no basis in law. Tigwig, is there anything in the original contract about change of location? Imagine an extreme case where they changed the location from portsmouth to glasgow!

[shiznit]

The dynamics of the contract have changed significantly so therefore this should invalidate it. However, if you really want a good concise solution I strongly suggest you contact your local Citizens Advice Bureau, I have used this service many times in the past for various situations and they have always come up trumps.

Good luck, I hope you get things sorted

[tigwig]

thanks again everyone. There is nothing in the t&c's about change of location. The gym's payment is managed by a seperate company. This is who we have been paying the dd to. I have had a word with a friend who works at a solicitors and she is going to show her boss the contract and see what he says.