Gordo

My girlfriend signed up for a new gym, just being built, paying £150 for a year's membership back in March. She was promised the gym would be fully open in May.

Unsurprisingly, it wasn't, and she kept being promised it would open soon (3 weeks, 2 weeks etc).

6 months on she's really fed up and no longer wants to go, finding the manager/franchise owner whatever he is quite rude and confrontational. She has asked for her money back but he's refused, telling her they only promised to give her a year's membership, which they will, and she has no right to her money back.

all she has is a receipt and a glossy leaflet - the receipt says we should be able to get the terms and conditions from the reception but they don't have any. The implication when she asks is that the terms and conditions will be the standard one in relation to using the equipment, not in relation to the money she has handed over.

The last time she asked him, he got a bit arsey with her, suggesting she not waste her money on lawyers as they have done nothing wrong and that trading standards have already cleared him. He also mentioned they never return money and that at a sister gym in Edinburgh this is true even though the gym is still not open 2 years after taking peoples' money (odd that he almost boasts about this).

What can we do? She will not go now anyway and we're prepared to write the money off - just want to make life feckin difficult for this twot. Thoughts so far:

1) lawyer - I have friends who would help but not sure we have a leg to stand on for a services contract
2) newspaper advert advising people who want a refund to call his home number (which he stupidly gave her at one point)
3) contact a local journo who might be interested - we know 3 others who are similarly pissed off
4) possibly worth contacting trading standards?

Any advice gratefully received - I'm not big enough to go and get physical with a chimp looking to run a gym so it has to be other tactics - I can't help but feel that we must have the right to cancel and get our money back, given there are no terms and conditions. Are there statutory rights that might apply?

Gordo

MooseRacer

Have a word with Citizens Advice - and I don't think the newspaper advert is a good idea

boxst

Hello

If she paid by credit card, call them and say that you haven't received the service you payed for.

They will help you.

Steve.

DrEvil

Try 1 and 4, if that doesn't work 3 should go down well

yoza

Tell them you want your money back due to ill health, so you cant use the gym even when it opens.

Basically your cirumstances have changed and you are not in a position to use the facilities.

If all else fails punch the snotty gets lights out.

[Edited by yoza - 9/13/2003 11:20:42 AM]