Gym membership price increase during initial term. Legal?

[gray1404]

Thanks. I've sent a complaint to the company that takes the direct debit and who emailed me to say they had increased it. I have pointed out that I am still within the initial 12 month term and there is no provision for an increase at this point. I shall see what they come back with.

Hopefully they will resolve it as I am reluctant to raise the matter in house with the gym. The reason for that is because I notice any sort of feedback, it being a relatively small standalone gym, is taken rather personally.

 

[najaB]

Hopefully they will resolve it as I am reluctant to raise the matter in house with the gym. The reason for that is because I notice any sort of feedback, it being a relatively small standalone gym, is taken rather personally.

While I understand your desire to avoid conflict, I don't think you'll get very far with the payment company - they're just acting as an agent for the gym and are unlikely to be able to make any adjustments to the payments without the gym's involvement.

 

[gray1404]

I will wait and see what the company reply then if necessary I shall send a polite but clear email to the gym.

I'm also wondering if I have the option I'll just letting them take the incorrect payments and then using the direct debit guarantee to reclaim the money via my bank.

 

[najaB]

I'm also wondering if I have the option I'll just letting them take the incorrect payments and then using the direct debit guarantee to reclaim the money via my bank.

No, that wouldn't be viable since it applies to moneys taken without your authorisation - eg. a subscription was ended but they took the money - not where there is a disagreement as to the amount that should have been debited.

 

[Bletchleyite]

No, that wouldn't be viable since it applies to moneys taken without your authorisation - eg. a subscription was ended but they took the money - not where there is a disagreement as to the amount that should have been debited.

The DD Guarantee can be used to undo any DD payment but it doesn't mean the debt doesn't still exist.

If it'll be taken personally your choice is probably even more a case of leave or pay it.

 

[gray1404]

The DD Guarantee can be used to undo any DD payment but it doesn't mean the debt doesn't still exist.

If it'll be taken personally your choice is probably even more a case of leave or pay it.

I think leaving would cause issues as well as they would argue that I'm still within the 12-month term.

 

[Mcr Warrior]

Have we seem the actual gym contract yet, or just the direct debit payment collection arrangements?

 

[gray1404]

Have we seem the actual gym contract yet, or just the direct debit payment collection arrangements?

That is all they have provided me with and I didn't sign anything either except for the direct debit instruction form.

 

[Bletchleyite]

I think leaving would cause issues as well as they would argue that I'm still within the 12-month term.

If you leave you don't have to darken their doors again, though, and thus they can have a right rant at you at that point, then you can invite them to sue you (which they won't* win because they are in breach of contract), storm out and leave it at that.

Obviously if you don't like conflict that won't be enjoyable, but it'll be easier than them snarling at you every time you walk in.

* This advice is worth precisely what you paid for it, of course, IANAL (I am not a lawyer), pay for your own professional advice etc, but it does seem the thread's consensus.

== Doublepost prevention - post automatically merged: 4 May 2023 ==

Have we seem the actual gym contract yet, or just the direct debit payment collection arrangements?

That looks like a contract to me.

 

[najaB]

The DD Guarantee can be used to undo any DD payment but it doesn't mean the debt doesn't still exist.

Unless it's changed, the DD guarantee goes something along the lines of "You can cancel this direct debit at any time. You will be notified of any change to the amount, date or frequency of payments at least three working days in advance of any payment being taken. In the event of an error you are entitled to a full and immediate refund by your bank." (it's been several years, but I used to have to repeat it on almost every call that I took).

It doesn't provide any automatic right to a refund of payments taken after you have been notified of the change.

 

[ASharpe]

It certainly does look like your contract is with the payment provider and that is who I would be discussing this with.

I'm the spiteful type who would leave over their proposed breach of contract but that's up to you. Hopefully the payment company just accept their mistake.

 

[najaB]

It certainly does look like your contract is with the payment provider and that is who I would be discussing this with.

I don't read it that way. Look at the definitions - "we, us, our" is the service provider (the gym), "DFC" is Debit Finance Corporation (the payment provider). They say in the second screenshot "DFC is our agent...".

(Second in top to bottom order, second last as posted)

 

[gray1404]

As possibly expected the direct debit company has responded to say that I will need to take the matter up at the gym. They were very polite in their response. I have therefore drafted the attached polite email to the gym. If they take offence to this then quite honestly that's on them as I think I've been very polite and non-confrontational.

 

[najaB]

As possibly expected the direct debit company has responded to say that I will need to take the matter up at the gym. They were very polite in their response. I have therefore drafted the attached polite email to the gym. If they take offence to this then quite honestly that's on them as I think I've been very polite and non-confrontational.

Seems reasonable.

 

[gray1404]

So I initially received a reply back from a member of Admin Staff saying that if I wish to query this further I would need to take it up with the Local Council as my gym receives a grant from them. This is absolutely ridiculous.

So I responded to this email asking the Administrator to forward my correspondence to their Manager for a reply and I reiterated that there was no basis in the contract for a price increase at this point.

So today received an email back from the Head of Finance at my gym. She stated that although they are able to increase my membership price at this point if they want to they are not going to do so until the end of my 12 month contract having noted the points I raised in my email.

So I am satisfied with the outcome that I will pay the price agreed until the end of the 12 month term and then a price increase thereafter.

I shall keep an eye on this though to check that they don't debit my account by the wrong amount next month onwards. Although I suppose if that was to happen I would be covered by the Direct Debit Guarantee now that I do have agreement from them that it will be the current rate.

 

[Bletchleyite]

So I initially received a reply back from a member of admin staff saying that if I wish to query this further I would need to take it up with the local council as my gym receives a grant from them. This is absolutely ridiculous.

So I responded to this email asking the administrator to forward my correspondence to their manager for a reply and I reiterated that there was no basis in the contract for a pricing increase at this point

Sounds to me like, as I thought, you will need to either accept it or seek an early exit from the contract on the basis of them having breached it.

I very much doubt, by the sounds of it, that you are going to get them to honour the price, and contract law doesn't really force them to, just to allow you to exit the minimum term if the contract has been breached, which it definitely reads to me that it has.

 

[gray1404]

Sounds to me like, as I thought, you will need to either accept it or seek an early exit from the contract on the basis of them having breached it.

I very much doubt, by the sounds of it, that you are going to get them to honour the price, and contract law doesn't really force them to, just to allow you to exit the minimum term if the contract has been breached, which it definitely reads to me that it has.

Sorry my phone had a bit of a wobbler just then and it posted my post a bit early as I was still typing so I have just edited it. They are going to honor the current price - please see above. Post #45

 

[Bletchleyite]

Sorry my phone had a bit of a wobbler just then and it posted my post a bit early as I was still typing so I have just edited it. They are going to honor the current price - please see above.

Oh, wow. Well done on achieving that, I'm amazed you did!

I'd agree that debiting the wrong amount is indeed covered by the DD Guarantee now you've got written agreement of what the correct amount is.

 

[najaB]

So today received an email back from the Head of Finance at my gym. She stated that although they are able to increase my membership price at this point if they want to they are not going to do so until the end of my 12 month contract having noted the points I raised in my email.

So I am satisfied with the outcome that I will pay the price agreed until the end of the 12 month term and then a price increase thereafter.

Seems like a face-saving climbdown on their part - which carefully avoids admitting any error. Good job in any case!

 

[Mcr Warrior]

Seems like a face-saving climbdown on their part - which carefully avoids admitting any error.

Indeed. Probably realised they were on a shaky ground. Wonder how many other gym customers have been similarly affected?

 

[gray1404]

Interestingly it is set up as a Trust with a number of local Councillors on the board so I wonder how they would react to any adverse publicity. Anyway I have got the outcome I was entitled to and I did not realize until I read the comments above that it may be was not going to be the easiest one to get.

 

[jon0844]

Indeed. Probably realised they were on a shaky ground. Wonder how many other gym customers have been similarly affected?

All of them most likely, which is why this gesture means they won't change their payments unless they complain (which might happen if they were made aware).

 

[maniacmartin]

I read their response as "dang, we got caught red handed. We'll make an exception for you to make you shut up and go away, but we'll continue to take more than we're entitled to from all of the other members"

 

[gray1404]

Reply to the email from the direct debit company to advise them but they said they will need to wait to hear from the gym directly before they can amend my direct debit back to the lower amounts. My next payment is not due out until 15 June so I shall keep an eye on this.

I have mentioned it to other members who I am friends with but the response I am getting is along the lines of it is only a small amount of money so we cannot be bothered challenging it. This is exactly the attitude they rely on.

 

[jon0844]

It's always funny how people will moan massively about trivial things, but then allow themselves to get fleeced through laziness. As you say, they rely on this.

 

[SuspectUsual]

It's always funny how people will moan massively about trivial things, but then allow themselves to get fleeced through laziness. As you say, they rely on this.

Indeed. I saw a feature on the telly (Martin Lewis maybe) about the number of direct debits some people have for stuff they literally never use, and I was stunned. Whilst I'm probably a bit of an exception in that I know the approximate value of all my direct debits (there aren't that many), I also get text alerts every time my credit card is used and a notification from my bank app every time money goes into or out of my current account. These people must see this stuff and just think "can't be arsed"

 

[gray1404]

Exactly, they are relying and profiteering on people not being bothered. I have this evening received a notification from the direct debit company confirming that my payments next month onwards, which was the date the increase was supposed to happen, will remain at the current lower rate. So good news.

 

[maniacmartin]

If I was in your position, given the messages so far, I'd just cancel the direct debit at the bank and offer the gym cash or a cheque so they cant manipulate the amount they take

 

[jon0844]

If I was in your position, given the messages so far, I'd just cancel the direct debit at the bank and offer the gym cash or a cheque so they cant manipulate the amount they take

Wouldn't surprise me if they don't then add a fee for not paying by DDM.

 

[najaB]

If I was in your position, given the messages so far, I'd just cancel the direct debit at the bank and offer the gym cash or a cheque so they cant manipulate the amount they take

Why? They have put in writing that they aren't going to increase the amount.