Council leisure centre membership contract torn up

Council leisure centre membership contract torn up

Author
Discussion

Peterpetrole

Original Poster:

304 posts

4 months

Thursday
quotequote all
Long running saga for local residents, but essentially many of us signed a very clear contract back in 1995 that stated we would pay £39.50 each month and "for all subsequent months" to use North Herts council leisure facilities.

At the time, the contract was with "St Albans Leisure Ltd on behalf of the City and District of St Albans".

St Albans Leisure Ltd was dissolved in 2021 and from 2024 "Everyone Active (Sports and Leisure Management Ltd) has been appointed as our new leisure management operator"

https://www.north-herts.gov.uk/leisure-operator-ch...

This new operator has put all the prices up, when I thought at the time in 1995 I was signing up for life at £39.50 a month (which for what was offered in return was never actually great value, just that inflation would make it cheaper over time).

Do I have a compo claim? Is there some council equivalent to TUPE that means contract / liabilities have to be transferred over to new operators?

Cheers

RedWhiteMonkey

7,234 posts

189 months

Thursday
quotequote all
Yes, they owe you at 50k in compensation for the emotional distress.

Joking aside, it is impossible for anyone to answer your question without seeing the full contract you signed and, probably, knowing what agreements are in place between the old and new owners.

Sebring440

2,313 posts

103 months

Thursday
quotequote all
Peterpetrole said:
Long running saga for local residents, but essentially many of us signed a very clear contract back in 1995 that stated we would pay £39.50 each month and "for all subsequent months" to use North Herts council leisure facilities.

At the time, the contract was with "St Albans Leisure Ltd on behalf of the City and District of St Albans".

St Albans Leisure Ltd was dissolved in 2021 and from 2024 "Everyone Active (Sports and Leisure Management Ltd) has been appointed as our new leisure management operator"

https://www.north-herts.gov.uk/leisure-operator-ch...

This new operator has put all the prices up, when I thought at the time in 1995 I was signing up for life at £39.50 a month (which for what was offered in return was never actually great value, just that inflation would make it cheaper over time).

Do I have a compo claim? Is there some council equivalent to TUPE that means contract / liabilities have to be transferred over to new operators?

Cheers
rofl

Peterpetrole said:
Do I have a compo claim?
Cheers
rofl



Peterpetrole

Original Poster:

304 posts

4 months

Thursday
quotequote all
RedWhiteMonkey said:
Yes, they owe you at 50k in compensation for the emotional distress.

Joking aside, it is impossible for anyone to answer your question without seeing the full contract you signed and, probably, knowing what agreements are in place between the old and new owners.
Thanks, I assure you the contract is perfectly clear, just two brief sides of A4, there are no get outs in it, the key bit is as I said is who the contract is with.

Is the council still on the hook, I think they should be? What is the legal status of the phrase "on behalf of the City and District of St Albans".

Mrr T

13,012 posts

272 months

Thursday
quotequote all
Peterpetrole said:
Long running saga for local residents, but essentially many of us signed a very clear contract back in 1995 that stated we would pay £39.50 each month and "for all subsequent months" to use North Herts council leisure facilities.

At the time, the contract was with "St Albans Leisure Ltd on behalf of the City and District of St Albans".

St Albans Leisure Ltd was dissolved in 2021 and from 2024 "Everyone Active (Sports and Leisure Management Ltd) has been appointed as our new leisure management operator"

https://www.north-herts.gov.uk/leisure-operator-ch...

This new operator has put all the prices up, when I thought at the time in 1995 I was signing up for life at £39.50 a month (which for what was offered in return was never actually great value, just that inflation would make it cheaper over time).

Do I have a compo claim? Is there some council equivalent to TUPE that means contract / liabilities have to be transferred over to new operators?

Cheers
Your contract is with City and District of St Albans. The operator is just there agent. They have changed agent i would assume the contract would give them the right to do that. Your contract is unaffected unless there is specific wording in the contract which allows for a price change.

Write to the operator copy the council refusing to pay the higher price saying they have no contractual right to make changes. If they refuse to agree you can then go to court for damages.

MustangGT

12,287 posts

287 months

Thursday
quotequote all
I would say the contract expired in 2021 when the company was liquidated and not immediately replaced, a 3 year gap is significant.

Were you paying £39.50/month all through that period?

If so, who were you paying and did it change in 2021?

Peterpetrole

Original Poster:

304 posts

4 months

Thursday
quotequote all
MustangGT said:
I would say the contract expired in 2021 when the company was liquidated and not immediately replaced, a 3 year gap is significant.

Were you paying £39.50/month all through that period?

If so, who were you paying and did it change in 2021?
It's a long saga, but actually there was another operator before this year, they'd been there maybe 15 years, who were kicked out by the council for being rubbish.

Don't know why it took until 2021 for the company to be dissolved.

Yes I was paying £39.50 every month until this year when they (council) tore the contract up.

119

9,554 posts

43 months

Thursday
quotequote all
Sebring440 said:
Peterpetrole said:
Long running saga for local residents, but essentially many of us signed a very clear contract back in 1995 that stated we would pay £39.50 each month and "for all subsequent months" to use North Herts council leisure facilities.

At the time, the contract was with "St Albans Leisure Ltd on behalf of the City and District of St Albans".

St Albans Leisure Ltd was dissolved in 2021 and from 2024 "Everyone Active (Sports and Leisure Management Ltd) has been appointed as our new leisure management operator"

https://www.north-herts.gov.uk/leisure-operator-ch...

This new operator has put all the prices up, when I thought at the time in 1995 I was signing up for life at £39.50 a month (which for what was offered in return was never actually great value, just that inflation would make it cheaper over time).

Do I have a compo claim? Is there some council equivalent to TUPE that means contract / liabilities have to be transferred over to new operators?

Cheers
rofl

Peterpetrole said:
Do I have a compo claim?
Cheers
rofl
hehe

JQ

6,044 posts

186 months

Thursday
quotequote all
How much is the revised membership?

Peterpetrole

Original Poster:

304 posts

4 months

Thursday
quotequote all
JQ said:
How much is the revised membership?
I think it's about 52 or something, not sure, I stopped paying due to the breach of contract.

cb31

1,185 posts

143 months

Thursday
quotequote all
Peterpetrole said:
I think it's about 52 or something, not sure, I stopped paying due to the breach of contract.
Looking at an inflation calculator £39.50 in 1995 is now the equivalent of £79.34, looks like it is still a good deal. You can't really have expected to pay the same monthly cost for 30-60 years?

richhead

1,646 posts

18 months

Thursday
quotequote all
Peterpetrole said:
Long running saga for local residents, but essentially many of us signed a very clear contract back in 1995 that stated we would pay £39.50 each month and "for all subsequent months" to use North Herts council leisure facilities.

At the time, the contract was with "St Albans Leisure Ltd on behalf of the City and District of St Albans".

St Albans Leisure Ltd was dissolved in 2021 and from 2024 "Everyone Active (Sports and Leisure Management Ltd) has been appointed as our new leisure management operator"

https://www.north-herts.gov.uk/leisure-operator-ch...

This new operator has put all the prices up, when I thought at the time in 1995 I was signing up for life at £39.50 a month (which for what was offered in return was never actually great value, just that inflation would make it cheaper over time).

Do I have a compo claim? Is there some council equivalent to TUPE that means contract / liabilities have to be transferred over to new operators?

Cheers
do you want to buy some magic beans???

ATG

21,357 posts

279 months

Thursday
quotequote all
Do you think it is reasonable to pay the same amount now as back in 1995?

Remember that this isn't about you versus "the council". It's you versus everyone else who pays for the council to do anything or receives any of its services.

Loads of councils are under a great deal of financial strain. Many are closing schools, libraries and leisure centres to desperately try to consolidate their ability to deliver core services.

Within that context, being peeved that the council is trying to increase a price after ... thirty years ... seems a bit special.

PS I do have some sympathy, though. It sounds like the council is reneging on the original agreement. It's just that that agreement was an unbelievably stupid offer from the council in the first place. They should never have put council tax payers of the future on the hook for honouring that contract.

Edited by ATG on Thursday 21st November 16:09

Peterpetrole

Original Poster:

304 posts

4 months

Thursday
quotequote all
ATG said:
Do you think it is reasonable to pay the same amount now as back in 1995?

Remember that this isn't about you versus "the council". It's you versus everyone else who pays for the council to do anything or receives any of its services.

Loads of councils are under a great deal of financial strain. Many are closing schools, libraries and leisure centres to desperately try to consolidate their ability to deliver core services.

Within that context, being peeved that the council is trying to increase a price after ... thirty years ... seems a bit special.

PS I do have some sympathy, though. It sounds like the council is reneging on the original agreement. It's just that that agreement was an unbelievably stupid offer from the council in the first place. They should never have put council tax payers of the future on the hook for honouring that contract.

Edited by ATG on Thursday 21st November 16:09
I'm conscious of the above, yes, I'm also conscious that the Chief Executive of St Albans City Council is paid £125,000 per year.

In reality, I made little use of my membership for many years and the Council has done fantastically well out of me, it was always my "rainy day" membership for the future. So no I don't feel remotely guilty in my case, can't speak for others whose contract was torn up.

98elise

28,217 posts

168 months

Thursday
quotequote all
Peterpetrole said:
ATG said:
Do you think it is reasonable to pay the same amount now as back in 1995?

Remember that this isn't about you versus "the council". It's you versus everyone else who pays for the council to do anything or receives any of its services.

Loads of councils are under a great deal of financial strain. Many are closing schools, libraries and leisure centres to desperately try to consolidate their ability to deliver core services.

Within that context, being peeved that the council is trying to increase a price after ... thirty years ... seems a bit special.

PS I do have some sympathy, though. It sounds like the council is reneging on the original agreement. It's just that that agreement was an unbelievably stupid offer from the council in the first place. They should never have put council tax payers of the future on the hook for honouring that contract.

Edited by ATG on Thursday 21st November 16:09
I'm conscious of the above, yes, I'm also conscious that the Chief Executive of St Albans City Council is paid £125,000 per year.

In reality, I made little use of my membership for many years and the Council has done fantastically well out of me, it was always my "rainy day" membership for the future. So no I don't feel remotely guilty in my case, can't speak for others whose contract was torn up.
The Chief Executives pay isn't linked to your contract payment. If it's what that position pays then all well and good.

If you think you have some sort of case then you should have a lawyer look over your contract. I don't think you will be in line for any compo though!


Tindersticks

1,285 posts

7 months

Thursday
quotequote all

BlackTails

836 posts

62 months

Thursday
quotequote all
Peterpetrole said:
many of us signed a very clear contract back in 1995
Clarity is often in the eye of the beholder.

Can you post the contract on here?

Peterpetrole

Original Poster:

304 posts

4 months

Thursday
quotequote all
RedWhiteMonkey said:
Yes, they owe you at 50k in compensation for the emotional distress.

Joking aside, it is impossible for anyone to answer your question without seeing the full contract you signed and, probably, knowing what agreements are in place between the old and new owners.
Here we are:







Edited by Peterpetrole on Thursday 21st November 16:54

Tindersticks

1,285 posts

7 months

Thursday
quotequote all
Those are conditions of membership. Not a contract defined (or not) by time and cost.

Where does it state that the £39.50 is forever?

Edited by Tindersticks on Thursday 21st November 17:10

RedWhiteMonkey

7,234 posts

189 months

Thursday
quotequote all
By your own admission you've fallen foul of condition 13.