Manchester, United Kingdom
I entered into a gym membership contract in may this year. I recently noticed that my monthly direct debit payments had increased so contact them. I was told that all memberships had increased (only by £2 per month). When I asked why I had not been informed of this increase I was told that my address was not on their system (although is stated on my contract) and advised to ring up the Membership team. I was told that they had deleted my address off the system as the letter they sent informing me of these changes was returned. Under my contract it states that they are to notify me of any changes to my contract but have failed to honor this. I have confronted them of their failure to comply to their contract and have given notice to terminate my contract. They have since responded to say that this is not a "material" breach of contract and therfore I have no right to terminate my contract. Is this right? If this is the case why state it as a term within the contract?
I entered into a gym membership contract in may this year. I recently noticed that my monthly direct debit payments had increased so contact them. I was told that all memberships had increased (only by £2 per month). When I asked why I had not been informed of this increase I was told that my address was not on their system (although is stated on my contract) and advised to ring up the Membership team. I was told that they had deleted my address off the system as the letter they sent informing me of these changes was returned. Under my contract it states that they are to notify me of any changes to my contract but have failed to honor this. I have confronted them of their failure to comply to their contract and have given notice to terminate my contract. They have since responded to say that this is not a "material" breach of contract and therfore I have no right to terminate my contract. Is this right? If this is the case why state it as a term within the contract?