Council leisure centre membership contract torn up

Council leisure centre membership contract torn up

Author
Discussion

Peterpetrole

Original Poster:

675 posts

10 months

Thursday 21st November 2024
quotequote all
Long running saga for local residents, but essentially many of us signed a very clear contract back in 1995 that stated we would pay £39.50 each month and "for all subsequent months" to use North Herts council leisure facilities.

At the time, the contract was with "St Albans Leisure Ltd on behalf of the City and District of St Albans".

St Albans Leisure Ltd was dissolved in 2021 and from 2024 "Everyone Active (Sports and Leisure Management Ltd) has been appointed as our new leisure management operator"

https://www.north-herts.gov.uk/leisure-operator-ch...

This new operator has put all the prices up, when I thought at the time in 1995 I was signing up for life at £39.50 a month (which for what was offered in return was never actually great value, just that inflation would make it cheaper over time).

Do I have a compo claim? Is there some council equivalent to TUPE that means contract / liabilities have to be transferred over to new operators?

Cheers

RedWhiteMonkey

7,713 posts

195 months

Thursday 21st November 2024
quotequote all
Yes, they owe you at 50k in compensation for the emotional distress.

Joking aside, it is impossible for anyone to answer your question without seeing the full contract you signed and, probably, knowing what agreements are in place between the old and new owners.

Sebring440

2,597 posts

109 months

Thursday 21st November 2024
quotequote all
Peterpetrole said:
Long running saga for local residents, but essentially many of us signed a very clear contract back in 1995 that stated we would pay £39.50 each month and "for all subsequent months" to use North Herts council leisure facilities.

At the time, the contract was with "St Albans Leisure Ltd on behalf of the City and District of St Albans".

St Albans Leisure Ltd was dissolved in 2021 and from 2024 "Everyone Active (Sports and Leisure Management Ltd) has been appointed as our new leisure management operator"

https://www.north-herts.gov.uk/leisure-operator-ch...

This new operator has put all the prices up, when I thought at the time in 1995 I was signing up for life at £39.50 a month (which for what was offered in return was never actually great value, just that inflation would make it cheaper over time).

Do I have a compo claim? Is there some council equivalent to TUPE that means contract / liabilities have to be transferred over to new operators?

Cheers
rofl

Peterpetrole said:
Do I have a compo claim?
Cheers
rofl



Peterpetrole

Original Poster:

675 posts

10 months

Thursday 21st November 2024
quotequote all
RedWhiteMonkey said:
Yes, they owe you at 50k in compensation for the emotional distress.

Joking aside, it is impossible for anyone to answer your question without seeing the full contract you signed and, probably, knowing what agreements are in place between the old and new owners.
Thanks, I assure you the contract is perfectly clear, just two brief sides of A4, there are no get outs in it, the key bit is as I said is who the contract is with.

Is the council still on the hook, I think they should be? What is the legal status of the phrase "on behalf of the City and District of St Albans".

Mrr T

13,525 posts

278 months

Thursday 21st November 2024
quotequote all
Peterpetrole said:
Long running saga for local residents, but essentially many of us signed a very clear contract back in 1995 that stated we would pay £39.50 each month and "for all subsequent months" to use North Herts council leisure facilities.

At the time, the contract was with "St Albans Leisure Ltd on behalf of the City and District of St Albans".

St Albans Leisure Ltd was dissolved in 2021 and from 2024 "Everyone Active (Sports and Leisure Management Ltd) has been appointed as our new leisure management operator"

https://www.north-herts.gov.uk/leisure-operator-ch...

This new operator has put all the prices up, when I thought at the time in 1995 I was signing up for life at £39.50 a month (which for what was offered in return was never actually great value, just that inflation would make it cheaper over time).

Do I have a compo claim? Is there some council equivalent to TUPE that means contract / liabilities have to be transferred over to new operators?

Cheers
Your contract is with City and District of St Albans. The operator is just there agent. They have changed agent i would assume the contract would give them the right to do that. Your contract is unaffected unless there is specific wording in the contract which allows for a price change.

Write to the operator copy the council refusing to pay the higher price saying they have no contractual right to make changes. If they refuse to agree you can then go to court for damages.

MustangGT

12,859 posts

293 months

Thursday 21st November 2024
quotequote all
I would say the contract expired in 2021 when the company was liquidated and not immediately replaced, a 3 year gap is significant.

Were you paying £39.50/month all through that period?

If so, who were you paying and did it change in 2021?

Peterpetrole

Original Poster:

675 posts

10 months

Thursday 21st November 2024
quotequote all
MustangGT said:
I would say the contract expired in 2021 when the company was liquidated and not immediately replaced, a 3 year gap is significant.

Were you paying £39.50/month all through that period?

If so, who were you paying and did it change in 2021?
It's a long saga, but actually there was another operator before this year, they'd been there maybe 15 years, who were kicked out by the council for being rubbish.

Don't know why it took until 2021 for the company to be dissolved.

Yes I was paying £39.50 every month until this year when they (council) tore the contract up.

119

10,781 posts

49 months

Thursday 21st November 2024
quotequote all
Sebring440 said:
Peterpetrole said:
Long running saga for local residents, but essentially many of us signed a very clear contract back in 1995 that stated we would pay £39.50 each month and "for all subsequent months" to use North Herts council leisure facilities.

At the time, the contract was with "St Albans Leisure Ltd on behalf of the City and District of St Albans".

St Albans Leisure Ltd was dissolved in 2021 and from 2024 "Everyone Active (Sports and Leisure Management Ltd) has been appointed as our new leisure management operator"

https://www.north-herts.gov.uk/leisure-operator-ch...

This new operator has put all the prices up, when I thought at the time in 1995 I was signing up for life at £39.50 a month (which for what was offered in return was never actually great value, just that inflation would make it cheaper over time).

Do I have a compo claim? Is there some council equivalent to TUPE that means contract / liabilities have to be transferred over to new operators?

Cheers
rofl

Peterpetrole said:
Do I have a compo claim?
Cheers
rofl
hehe

JQ

6,264 posts

192 months

Thursday 21st November 2024
quotequote all
How much is the revised membership?

Peterpetrole

Original Poster:

675 posts

10 months

Thursday 21st November 2024
quotequote all
JQ said:
How much is the revised membership?
I think it's about 52 or something, not sure, I stopped paying due to the breach of contract.

cb31

1,210 posts

149 months

Thursday 21st November 2024
quotequote all
Peterpetrole said:
I think it's about 52 or something, not sure, I stopped paying due to the breach of contract.
Looking at an inflation calculator £39.50 in 1995 is now the equivalent of £79.34, looks like it is still a good deal. You can't really have expected to pay the same monthly cost for 30-60 years?

richhead

2,147 posts

24 months

Thursday 21st November 2024
quotequote all
Peterpetrole said:
Long running saga for local residents, but essentially many of us signed a very clear contract back in 1995 that stated we would pay £39.50 each month and "for all subsequent months" to use North Herts council leisure facilities.

At the time, the contract was with "St Albans Leisure Ltd on behalf of the City and District of St Albans".

St Albans Leisure Ltd was dissolved in 2021 and from 2024 "Everyone Active (Sports and Leisure Management Ltd) has been appointed as our new leisure management operator"

https://www.north-herts.gov.uk/leisure-operator-ch...

This new operator has put all the prices up, when I thought at the time in 1995 I was signing up for life at £39.50 a month (which for what was offered in return was never actually great value, just that inflation would make it cheaper over time).

Do I have a compo claim? Is there some council equivalent to TUPE that means contract / liabilities have to be transferred over to new operators?

Cheers
do you want to buy some magic beans???

ATG

21,932 posts

285 months

Thursday 21st November 2024
quotequote all
Do you think it is reasonable to pay the same amount now as back in 1995?

Remember that this isn't about you versus "the council". It's you versus everyone else who pays for the council to do anything or receives any of its services.

Loads of councils are under a great deal of financial strain. Many are closing schools, libraries and leisure centres to desperately try to consolidate their ability to deliver core services.

Within that context, being peeved that the council is trying to increase a price after ... thirty years ... seems a bit special.

PS I do have some sympathy, though. It sounds like the council is reneging on the original agreement. It's just that that agreement was an unbelievably stupid offer from the council in the first place. They should never have put council tax payers of the future on the hook for honouring that contract.

Edited by ATG on Thursday 21st November 16:09

Peterpetrole

Original Poster:

675 posts

10 months

Thursday 21st November 2024
quotequote all
ATG said:
Do you think it is reasonable to pay the same amount now as back in 1995?

Remember that this isn't about you versus "the council". It's you versus everyone else who pays for the council to do anything or receives any of its services.

Loads of councils are under a great deal of financial strain. Many are closing schools, libraries and leisure centres to desperately try to consolidate their ability to deliver core services.

Within that context, being peeved that the council is trying to increase a price after ... thirty years ... seems a bit special.

PS I do have some sympathy, though. It sounds like the council is reneging on the original agreement. It's just that that agreement was an unbelievably stupid offer from the council in the first place. They should never have put council tax payers of the future on the hook for honouring that contract.

Edited by ATG on Thursday 21st November 16:09
I'm conscious of the above, yes, I'm also conscious that the Chief Executive of St Albans City Council is paid £125,000 per year.

In reality, I made little use of my membership for many years and the Council has done fantastically well out of me, it was always my "rainy day" membership for the future. So no I don't feel remotely guilty in my case, can't speak for others whose contract was torn up.

98elise

29,234 posts

174 months

Thursday 21st November 2024
quotequote all
Peterpetrole said:
ATG said:
Do you think it is reasonable to pay the same amount now as back in 1995?

Remember that this isn't about you versus "the council". It's you versus everyone else who pays for the council to do anything or receives any of its services.

Loads of councils are under a great deal of financial strain. Many are closing schools, libraries and leisure centres to desperately try to consolidate their ability to deliver core services.

Within that context, being peeved that the council is trying to increase a price after ... thirty years ... seems a bit special.

PS I do have some sympathy, though. It sounds like the council is reneging on the original agreement. It's just that that agreement was an unbelievably stupid offer from the council in the first place. They should never have put council tax payers of the future on the hook for honouring that contract.

Edited by ATG on Thursday 21st November 16:09
I'm conscious of the above, yes, I'm also conscious that the Chief Executive of St Albans City Council is paid £125,000 per year.

In reality, I made little use of my membership for many years and the Council has done fantastically well out of me, it was always my "rainy day" membership for the future. So no I don't feel remotely guilty in my case, can't speak for others whose contract was torn up.
The Chief Executives pay isn't linked to your contract payment. If it's what that position pays then all well and good.

If you think you have some sort of case then you should have a lawyer look over your contract. I don't think you will be in line for any compo though!


Tindersticks

2,521 posts

13 months

Thursday 21st November 2024
quotequote all

BlackTails

1,179 posts

68 months

Thursday 21st November 2024
quotequote all
Peterpetrole said:
many of us signed a very clear contract back in 1995
Clarity is often in the eye of the beholder.

Can you post the contract on here?

Peterpetrole

Original Poster:

675 posts

10 months

Thursday 21st November 2024
quotequote all
RedWhiteMonkey said:
Yes, they owe you at 50k in compensation for the emotional distress.

Joking aside, it is impossible for anyone to answer your question without seeing the full contract you signed and, probably, knowing what agreements are in place between the old and new owners.
Here we are:







Edited by Peterpetrole on Thursday 21st November 16:54

Tindersticks

2,521 posts

13 months

Thursday 21st November 2024
quotequote all
Those are conditions of membership. Not a contract defined (or not) by time and cost.

Where does it state that the £39.50 is forever?

Edited by Tindersticks on Thursday 21st November 17:10

RedWhiteMonkey

7,713 posts

195 months

Thursday 21st November 2024
quotequote all
By your own admission you've fallen foul of condition 13.