Cancelling a service mid contract.....

antihero

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Bare with me on this...

We started our 5 year old on swimming lessons at the local leisure centre and paid by monthly direct debit. My wife dealt with all the setting up of it. To cut a long story short, we are less than impressed with them. They constantly swap the instructors around and in one 4 week period he had 4 different instructors...and low and behold one of those weeks was to determine whether or not he moved up a class. Unsurprisingly NOT ONE child got moved up. After 6 months, the progress shown by not just my son, but all the others in the class was minimal. We decided to remove him and sent him to lessons somewhere else on recommendation from others. I have since found out that a lot of people have stopped their kids having lesson there for the same reasons.

On the day we decided would be his last lesson, I informed the receptionist of this and was rudely and abruptly told "you have to put it in writing with a months notice". This got my back up so I got my phone out and looked at the t&c's on their website. They do 2 different contracts, a rolling month contract or a 12 month fixed which is slightly cheaper ( my wife is useless at this sort of thing and couldnt remember which she signed up for), but although the clauses concerning Membership Cancellation are different, the clauses concerning Direct Debits for both contracts is the same, and I quote;

"5.1. Members are not permitted to cancel their agreement during the Minimum Term. If a Member purports to cancel their agreement during the Minimum Term Serco shall be entitled to continue to collect the Monthly Membership Fees at a reduced rate of 75% of the prevailing Membership Fees as set out at the Facilities website for the duration of the Minimum Term. Members may cancel their agreement by no less than 30 days written notice taking effect upon the expiry of the Minimum Term. After the expiry of the Minimum Term, the member can, at any time, cancel their membership by providing the Company with thirty days written notice addressed to the Facilities. The membership will be cancelled with effect from the last day of the month following the completion of the thirty day notice period. All Membership Fees will be payable up to the date of cancellation. "
"5.2. Where a Direct Debit has failed, the membership shall be suspended until payment is received. Any member who falls behind in payment for more than 30 days will forfeit his/her membership and subsequent re-instatement of the membership will be subject to the current membership fees applicable at the date of re-instatement."

Upon reading this, we got home, I sent off a letter to them and cancelled the Direct Debit (and we haven't used the facilities since). Received a letter today saying we need to contact them because the DD has been cancelled and their is an outstanding balance and to contact them immediately. I did...I was told that the contract isn't due to finish until February and no letter has been received (even though it doesn't matter in this instance) and was then asked why we wanted to cancel, so I told her. "I'll look into it and ring you back" I was told....

I realise i'm not quite playing by the rules, but why should we be locked into a contract where the service provided is woeful to say the least? It will be interesting to see what they come back with as it's pretty clear to me (may not be correct though!) that cancelling your DD in 5.2 is a way of contradicting what is written in 5.1?

Thoughts?
 
It does appear to me that they could have shot themselves in the foot with clause 5.2. Its open to interpretation, and I think i would have done the same as you.
 
I now believe it's the fixed contract, which I copied and pasted above, although this is the link to it

Hmm to be honest it's not the best contract in the world I'd very one sided, I would suggest your only recourse is really to argue that the company has failed to provide consistent tuition thus failing in the training they're providing...

But there is no mention other than failing to provide access to facilities, so you need to argue that the tutor is a facility, but they'll be suggesting facilities relates to structure rather than human elements, but I suspect you could argue your case on that term
 
So stop the DD then send a letter in stating why you have stopped it. If they do try to pursue it explain again why you have stopped and go to the local press.
 
From listening to many consumer type programmes over the years, 'sports' clubs are constantly having dissatisfied customers being charged for services that they no longer want to use but are contracted to pay for - depends on whether they decide to pursue it unless a lawyer can argue the legality of the contract.
 
Just tell em to GF themselves, far to much of this crap about nowadays.
 
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Were all the instructors qualified to coach? And if others have expressed dissatisfaction you may have an argument that the service offered was not as described.
 
The devil's advocate writes.....

You agreed to take a service from them (the provision of 30 days of swimming lessons - whether or not you choose to use them), you haven't paid for them. They are within their rights to come after you for the money.

Clause 5.2 muddies this a bit but you're in exactly the same position as if you'd bounced a cheque on them.
 
Just tell em to GF themselves, far to much of this crap about nowadays.


Wot he said. If that don't work send me round. The old Glesga kiss will work a treat:bang:;)
 
The devil's advocate writes.....

You agreed to take a service from them (the provision of 30 days of swimming lessons - whether or not you choose to use them), you haven't paid for them. They are within their rights to come after you for the money.

Clause 5.2 muddies this a bit but you're in exactly the same position as if you'd bounced a cheque on them.


I agree, why sign a contract if you just want to get out of it late, contracts should protect both parties.
 
Doesn't soga apply? Service isn't of satisfactory quality. You'd probably need to give them chance to rectify it though.
 
I agree, why sign a contract if you just want to get out of it late, contracts should protect both parties.

But if we knew we would be getting a substandard service the contract wouldn't have been entered into in the first place.

They also do a rolling month contract which, surprise surprise, is more expensive.

If we have to fulfil it until February, then fair enough... It was just the wording of the contract that it confusing. You cannot cancel early, BUT if a direct debit fails your membership will be terminated after 30 days if not paid?
 
But if we knew we would be getting a substandard service the contract wouldn't have been entered into in the first place.

They also do a rolling month contract which, surprise surprise, is more expensive.

If we have to fulfil it until February, then fair enough... It was just the wording of the contract that it confusing. You cannot cancel early, BUT if a direct debit fails your membership will be terminated after 30 days if not paid?

Ah but that is a different matter, that has to be challenged different not just cancel the DD.
 
Bare with me on this...

"5.1. Members are not permitted to cancel their agreement during the Minimum Term. If a Member purports to cancel their agreement during the Minimum Term Serco shall be entitled to continue to collect the Monthly Membership Fees at a reduced rate of 75% of the prevailing Membership Fees as set out at the Facilities website for the duration of the Minimum Term. Members may cancel their agreement by no less than 30 days written notice taking effect upon the expiry of the Minimum Term. After the expiry of the Minimum Term, the member can, at any time, cancel their membership by providing the Company with thirty days written notice addressed to the Facilities. The membership will be cancelled with effect from the last day of the month following the completion of the thirty day notice period. All Membership Fees will be payable up to the date of cancellation. "
"5.2. Where a Direct Debit has failed, the membership shall be suspended until payment is received. Any member who falls behind in payment for more than 30 days will forfeit his/her membership and subsequent re-instatement of the membership will be subject to the current membership fees applicable at the date of re-instatement."

Thoughts?

I suspect that whoever drafted this intended Clause 5.2 to be read in conjunction with 5.1, and failure of the debit order doesn't necessarily render the contract null and void, or that the other party abandons its right to demand payment for the full term. I'm not a lawyer though, and there could be an argument about the interpretation, but I suspect that the sum involved doesn't justify the costs of approaching a solicitor.

I'd be more inclined to argue lack of performance. You paid for swimming lessons, and your son hasn't made significant progress after six months, and neither have the rest of the group. This sounds ridiculous. My own kids were born and brought up in South Africa, and we enrolled both of them for swimming lessons when they were about the same age as your son. This was important, because a lot of people have private pools or live in complexes with pools, and there are safety considerations. Both children attended twice a week and were swimmming quite competently and confidently after two months (8 lessons), and so were the rest of the kids in their classes.
 
Cancel the direct debit immediately then tell them that you have cancelled due to them not fulfilling the terms of their contract - i.e. poor quality of instruction.


Steve.
 
I think from what you've said that you have every right to quit the contract early, the grounds being that they have failed to live up to their part in it. As others have said, cancel the DD, and write a comprehensive letter setting out why you think they have failed you, send it recorded delivery. Also if they have a head office elsewhere I'd send a copy to the head honcho there too.
 
Care to expand on that a little? I obviously need it spelling out to me

If you buy something (goods or in this case services) and it's not right, then you need to tell the person who sold it to you. That gives them a chance to put it right ot to agree with you and refund. Just cancelling the payment doesn't give them the chance to remedy it. In fact all they know is that you didn't pay for something you agreed to buy.

Now you don't think the lessons are good value. You're absolutely within your rights to complain and to ask for a refund. Maybe even to withhold payment while they investigate your issues. But just cancelling the DD doesn't give them a chance.

It's like somebody not liking their pictures and the first you know is when they stop the cheque. What would you do then?
 
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