Gym/ Swimming lessons contract issues
Discussion
Ok so I have 3 children that attend a localish leisure centre which was under a separate leisure company until 2015 and now is part of a larger group/charitable company/chain.
I have had a lot of problems with the lessons, pool heating failing, lessons being canceled when my kids turn up and billing issues.
They have been attending the centre for 4-5 years (older two) and the issues started when a larger group took them over. They over billed us for 18 months for one child from 2015-2016 and this came to light Jan 2016 as moved and had to change address. I asked for a refund and was told i would have to wait for the duty manager to contact me. he didn’t and I chased and he said he was sorting swim school out. He stated over payment cheques take months and instead have free membership for a period for over billed child’s account. Thats fine but they continued to take payments. I got in contacted again and him and he stated he would sort ad didn’t. I called again and he had left to work at another site and another lady was in charge of swimming. She stopped payments and the agreed number of months passed. I contact her emailed her in August stating restart payments in September. She didn’t and since I don’t personally attend the centre (10 miles away) I asked if i could visit my local site(that didn't have a pool but same group) to resolve. I was told yes but when I attended the lady fobbed me off with a new membership form. My wife and mother in law take the children to their lesson’s. I attended to pay Sept and get DD going again and after 30 mins on the phone to head office they decided they owed me £18.75! They said they would take payments from Oct and send me a cheque. Late November a cheque arrived, I didn’t bank.
Part way through that mid year I had been asked to sign new DD agreements for the new firm and payments changed name.
Roll forward to 3rd March this year my mother in law is told I need to attend site and sign new agreements. My partner notes that Nr 3 child's membership went up in Feb/March and I notice the other 1/2 that come out of my account had not been billed for Feb/March.
So I attend site and sign new agreements and now they want photos of my kids (missis is not happy as her work is all over safe guarding at the moment) They take 1/3 and 2 is not with me. After 45 mins on the phone to head office staff member has sorted the two non billed accounts no details of why the DD were not taken but no one can explain why no payments. DD is active on my account and not canceled. They then state I owe £182 now. Thats £20 for child 3 from September 2016 under payment. Then they claim Jan-March for children 1/2 have not been paid. No letters or attempts to contact me to let me know of any issues. No notification of the price rise in Jan 17 either in breach of their own agreement.
During this period the pool heating has failed a number of times and in Jan 17 they had new pumps and heaters installed. I also had a 4th child in lesson but the pool heating meant the went blue lipped and could not cope with the cold. They also canceled her class without written notice of 1 week required in their agreement and put a 3 year in with 5 year olds of higher ability so we canceled and they charged us 1 months notice. Couple of weeks the kids didn't go as it was cold and the pool heaters were known to be not working.
Upshot is in the last year I have made 4Nr unplanned 20 miles round trips to this place to deal with issues they have caused. I am fed up with the issues but since they run most of the centres in my area moving to a competitor is tricky as they are small operators and can’t take my 3/4 kids due to lack of places.
There are some other issues with lessons being cancelled when we attend due to staff illness but I don't have a record of the dates.
Upshot is I have made a formal complaint with all my issues and stated I want the debt written off children's for sessions before 1st March 2017 as compensation for all the hassle if they want to retain us as customers.
So thats around £140 of the debt and I pay March. Initially they have offered £20 off as goodwill which I think is taking the pee.
I am tempted to go through all the clauses in their agreement they have breached and do a letter before legal action as its states they will compensate me for loses.
I have had a lot of problems with the lessons, pool heating failing, lessons being canceled when my kids turn up and billing issues.
They have been attending the centre for 4-5 years (older two) and the issues started when a larger group took them over. They over billed us for 18 months for one child from 2015-2016 and this came to light Jan 2016 as moved and had to change address. I asked for a refund and was told i would have to wait for the duty manager to contact me. he didn’t and I chased and he said he was sorting swim school out. He stated over payment cheques take months and instead have free membership for a period for over billed child’s account. Thats fine but they continued to take payments. I got in contacted again and him and he stated he would sort ad didn’t. I called again and he had left to work at another site and another lady was in charge of swimming. She stopped payments and the agreed number of months passed. I contact her emailed her in August stating restart payments in September. She didn’t and since I don’t personally attend the centre (10 miles away) I asked if i could visit my local site(that didn't have a pool but same group) to resolve. I was told yes but when I attended the lady fobbed me off with a new membership form. My wife and mother in law take the children to their lesson’s. I attended to pay Sept and get DD going again and after 30 mins on the phone to head office they decided they owed me £18.75! They said they would take payments from Oct and send me a cheque. Late November a cheque arrived, I didn’t bank.
Part way through that mid year I had been asked to sign new DD agreements for the new firm and payments changed name.
Roll forward to 3rd March this year my mother in law is told I need to attend site and sign new agreements. My partner notes that Nr 3 child's membership went up in Feb/March and I notice the other 1/2 that come out of my account had not been billed for Feb/March.
So I attend site and sign new agreements and now they want photos of my kids (missis is not happy as her work is all over safe guarding at the moment) They take 1/3 and 2 is not with me. After 45 mins on the phone to head office staff member has sorted the two non billed accounts no details of why the DD were not taken but no one can explain why no payments. DD is active on my account and not canceled. They then state I owe £182 now. Thats £20 for child 3 from September 2016 under payment. Then they claim Jan-March for children 1/2 have not been paid. No letters or attempts to contact me to let me know of any issues. No notification of the price rise in Jan 17 either in breach of their own agreement.
During this period the pool heating has failed a number of times and in Jan 17 they had new pumps and heaters installed. I also had a 4th child in lesson but the pool heating meant the went blue lipped and could not cope with the cold. They also canceled her class without written notice of 1 week required in their agreement and put a 3 year in with 5 year olds of higher ability so we canceled and they charged us 1 months notice. Couple of weeks the kids didn't go as it was cold and the pool heaters were known to be not working.
Upshot is in the last year I have made 4Nr unplanned 20 miles round trips to this place to deal with issues they have caused. I am fed up with the issues but since they run most of the centres in my area moving to a competitor is tricky as they are small operators and can’t take my 3/4 kids due to lack of places.
There are some other issues with lessons being cancelled when we attend due to staff illness but I don't have a record of the dates.
Upshot is I have made a formal complaint with all my issues and stated I want the debt written off children's for sessions before 1st March 2017 as compensation for all the hassle if they want to retain us as customers.
So thats around £140 of the debt and I pay March. Initially they have offered £20 off as goodwill which I think is taking the pee.
I am tempted to go through all the clauses in their agreement they have breached and do a letter before legal action as its states they will compensate me for loses.
Got to be council?
I refuse where possible to use any local authority leisure facilities as they are as rank as the staff are as brain dead officious.
You don't get those problems at a 'proper' gym and the swim lessons and everything else are held in decent facilities with decent catering facilities and not just an out of order vending machine.
I refuse where possible to use any local authority leisure facilities as they are as rank as the staff are as brain dead officious.
You don't get those problems at a 'proper' gym and the swim lessons and everything else are held in decent facilities with decent catering facilities and not just an out of order vending machine.
speedyguy said:
Got to be council?
I refuse where possible to use any local authority leisure facilities as they are as rank as the staff are as brain dead officious.
You don't get those problems at a 'proper' gym and the swim lessons and everything else are held in decent facilities with decent catering facilities and not just an out of order vending machine.
It didn't say local authority.I refuse where possible to use any local authority leisure facilities as they are as rank as the staff are as brain dead officious.
You don't get those problems at a 'proper' gym and the swim lessons and everything else are held in decent facilities with decent catering facilities and not just an out of order vending machine.
OP said:
Ok so I have 3 children that attend a localish leisure centre which was under a separate leisure company until 2015 and now is part of a larger group/charitable company/chain.
Sounds like Choices, but there are others. 
Mill Wheel said:
Sounds like Choices, but there are others. 
The only ones not run by the same firm are two private schools who seem to have little or no places. One of the issues I have is 3 at different ages it's hard to get them places at one site.
I will do a letter before legal action listing all the clauses in their agreement they have broken.
The same firm run the local 4 centres/swimming pools in my area they are closing one, so have built a small shallow pool with a tiny changing room so they can shut the old pool I learnt to swim in.
The options are 17-24 miles away to Devon pool or another firm 1610 which is 30 mins drive.
They used to be run by the council then changed to a separate leisure firm for 4 centres. Now it's part of a national chain.
Sounds complicated but here's a couple of pointers.
If you're paying by direct debit you're covered by the direct debit guarantee. In a nutshell this is stacked heavily in favour of the customer, most people and the organisation that use them don't always know just what level of protection it gives.
You can go to your bank claim any refund back from the bank they will then put in an indemnity claim to the organisation & it's up to them to prove they didn't do anything wrong and charged you the correct amounts.
If you're paying by direct debit you're covered by the direct debit guarantee. In a nutshell this is stacked heavily in favour of the customer, most people and the organisation that use them don't always know just what level of protection it gives.
You can go to your bank claim any refund back from the bank they will then put in an indemnity claim to the organisation & it's up to them to prove they didn't do anything wrong and charged you the correct amounts.
Jammez said:
Sounds complicated but here's a couple of pointers.
If you're paying by direct debit you're covered by the direct debit guarantee. In a nutshell this is stacked heavily in favour of the customer, most people and the organisation that use them don't always know just what level of protection it gives.
You can go to your bank claim any refund back from the bank they will then put in an indemnity claim to the organisation & it's up to them to prove they didn't do anything wrong and charged you the correct amounts.
I appreciate that but in my case we have issues with them not taking the direct debits.If you're paying by direct debit you're covered by the direct debit guarantee. In a nutshell this is stacked heavily in favour of the customer, most people and the organisation that use them don't always know just what level of protection it gives.
You can go to your bank claim any refund back from the bank they will then put in an indemnity claim to the organisation & it's up to them to prove they didn't do anything wrong and charged you the correct amounts.
So now I am in debt.
I could of done that with the overpayment but I still owed them money for the lessons in that period.
If they fail to take payments were do I stand ?
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