Slightly annoyed.

[la_lucha]

This surely puts the situation in a different light? No one is having their membership transferred and thosae that have paid are getting a refund, so you should suggest to the council that they refund you the remaining months on your membership along with all the existing members.

I think a full refund of £0 would be £0. If you look at it like this the Council have refunded the membership and the contract cancelled. To continue playing the course you'll have to pay up and be grateful that you received 4 months gratis membership.
It's a shame but I can understand why the new owners have done it like that.

 

[ArnoldArmChewer]

Surely if your membership commenced in April and the course ownership transferred in June you have a right to continue your membership thro April 2014, regardless that no fee was paid by you, I assume that all other members were novated so don't understand why you are considered to be different.

I would go and have a word with the club secretary

 

[Fader]

The members of Stressholme were told they would be offerd membership when Blackwell came over and if they had paid a years subs they would be refunded from the council for the remaing months they had left on their subs. Then they could decide if they wanted to join the new private club that was taking over or move elsewhere.

And no I don't have it in writing about my free membership, it was just a tradition that on presentation night everyone who came got a raffle ticket and one was drawn for free years membership.

I paid monthly so the club at the time informed the council I had won it so they stopped taking my direct debit after March.

Maybe i'm reading or interpreting that incorrectly but looking at how I read that it shows that the council refunded the remainder of years subs to members so that they had a choice to pay for membership at new place or move elsewhere without being out of pocket. Effectively meaning that no-one was a member on the day of takeover until they then re-paid their subs to new club owners! Have I read that right?

If I have and thats what it means then to me that would mean your free membership regardless of contract was now null and void so wouldn't automatically carry over to the new club as they were not taking over current members but instead were offering the chance to join them subject to payment.

 

[bozza]

Maybe i'm reading or interpreting that incorrectly but looking at how I read that it shows that the council refunded the remainder of years subs to members so that they had a choice to pay for membership at new place or move elsewhere without being out of pocket. Effectively meaning that no-one was a member on the day of takeover until they then re-paid their subs to new club owners! Have I read that right?

If I have and thats what it means then to me that would mean your free membership regardless of contract was now null and void so wouldn't automatically carry over to the new club as they were not taking over current members but instead were offering the chance to join them subject to payment.

Yeah that's correct, my point being is I won a prize that hasn't been hounerd fully in my eyes, I have only had the 3 months out of the 12 months free membership I won.

The council and Blackwell knew this deal was 99% going to go through before the presentation night last year so they should have either not offerd the prize or come to agreement before the tale over regarding mine and the captains complimentary membership.

 

[NoelT]

This is quite straight forward. The new company took over any liabilities from the seller ie the council and this includes your membership won as long as you can prove it.Armed with your proof you should explain this in a letter and give them 14 days to honour the contract (your membership) and warn them them failing which you will institute proceedings through a solicitor and any legal costs incurred will be applied for with judgement against them. They will relent i am sure, first as they will seek advice and be told they are in the wrong,secondly they will not want the time consuming hassle and thirdly they will finally appreciate the bad will this causes.

 

[Beezerk]

This is quite straight forward. The new company took over any liabilities from the seller ie the council and this includes your membership won as long as you can prove it.Armed with your proof you should explain this in a letter and give them 14 days to honour the contract (your membership) and warn them them failing which you will institute proceedings through a solicitor and any legal costs incurred will be applied for with judgement against them. They will relent i am sure, first as they will seek advice and be told they are in the wrong,secondly they will not want the time consuming hassle and thirdly they will finally appreciate the bad will this causes.

Great answer and a stance I'd be taking up if I were in your shoes.

 

[ger147]

This is quite straight forward. The new company took over any liabilities from the seller ie the council and this includes your membership won as long as you can prove it.Armed with your proof you should explain this in a letter and give them 14 days to honour the contract (your membership) and warn them them failing which you will institute proceedings through a solicitor and any legal costs incurred will be applied for with judgement against them. They will relent i am sure, first as they will seek advice and be told they are in the wrong,secondly they will not want the time consuming hassle and thirdly they will finally appreciate the bad will this causes.

I think the point is they didn't - all existing memberships were cancelled and any refunds due were paid.

 

[chrisd]

The Council clearly owe you any balance left at the point of changing ownership. I would write to the Chief Executive and tell him of the arrangement and the current situation and make it clear that you will not stand for the reneging on their deal and will go to the press if they don't confirm that they will either refund the balance or pay the new Club for the remainder of the time.

 

[NoelT]

ger147, I see what you say but what the council did with other memberships is irrelevant and indeed they did not have to do that as quite simply when owners took over they took over all liabilities including memberships.
The OP is in a very strong position as long he has the proof and the way i suggested is the recourse available to him.

 

[pbrown7582]

I would suggest the new club have been very careful to take over the 'course' and not the 'club' and therfore offer members of the now defunct club membership but on there terms, as no doubt it will now be more expensive than the council fees.
unless the council stump up i think the OP is left with a membership of a non exsistant club.
Although not good it Could of been worse for the rest of the membership if they'd looked the gates and gone out of business.....

 

[NoelT]

The Council clearly owe you any balance left at the point of changing ownership. I would write to the Chief Executive and tell him of the arrangement and the current situation and make it clear that you will not stand for the reneging on their deal and will go to the press if they don't confirm that they will either refund the balance or pay the new Club for the remainder of the time.

The council do not have any legal obligation to offer a refund irrespective of what they have done with others. They may make an ex gratia payment (an award without accepting liability) but I very much doubt it. Also, it would take forever to obtain a final decision as it will be passed from pillar to post, department to department, before a substantive response is received.

As I have stated above the best and likely quickest way to resolve this issue in favour of the OP is for the OP to write a letter in the terms suggested.

 

[bozza]

The council do not have any legal obligation to offer a refund irrespective of what they have done with others. They may make an ex gratia payment (an award without accepting liability) but I very much doubt it. Also, it would take forever to obtain a final decision as it will be passed from pillar to post, department to department, before a substantive response is received.

As I have stated above the best and likely quickest way to resolve this issue in favour of the OP is for the OP to write a letter in the terms suggested.

My problem with the council is they should have never offerd this prize if they had any doubt they wouldn't be able to full honour it.

 

[Sweep]

Also I'm not the only one in this situation, the captain of Stressholme for this year also get's free membership for a year but obviously he is no longer captain as Stressholme GC is no longer.

A small point, but the Captain usually gets free subs to offset some of the major expense that comes with being Captain. As he is no longer Captain he no longer has the expense. Not the same as your situation.

 

[HomerJSimpson]

It does seem a poor deal but I can see both sides of the coin. It seems though that the new owners aren't making friends or doing a very good job and I wonder if a fresh start isn't the worse outcome