StressedOutMum -v- David Lloyd Gym

[stressedoutmum]

Hi

I am having the same problems, but the club involved is David Lloyd. I have written to them, emailed them and left a lots of messages at the club via the phone for the manager to contact me. I call every day, once in the morning and then again at 3pm whilst waiting for the kids to come out of school, always it's he's in a meeting or he's out. Membership team don't want to listen, they just keep going on about procedure, but I have followed procedure and if it was wrong why has no-one communicated this to me until it's too late.

The following is the last email I sent on the 22/3.

Dear Claire and Craig

Further to my brief conversation with Claire this morning, I would like to express again that I have not received any correspondance from yourselves which is why I keep sending emails and telephone messages.

 

I spoke with your head office, on a number of occassions, and at the conversation they said I really should speak to Craig Knowles as he is the manager and the matter should be with him as it has reached this far and ARC cannot make any decisions and are not interested in coming to an understanding as they are just Debt Collectors, not apart of David Lloyds. I explained everything to them and they seem to understand and suggested I should try again to get my point across.

 

 

1. I spoke with Claudia, as Jill who I use to deal with had moved on, back in June and said I will be cancelling my membership and understand that it will be to 1 year.

 

2. So in July I sent an email to confirm my cancellation, with regret. I didn't receive any reply back and carried on paying my fees till October 2010.

 

3. Then in October/November I got a text to say that I was behind on my payments.

 

4. This is when I spoke to you and you then informed me that they need it in writing aswell. I also communicated via email with I think it was Claire then, and so it went on. So I wrote in aswell.

 

5. I didn't hear from you again to confirm or acknowledge the letter.

 

6. All I got was a letter in January from ARC demanding payment. So I spoke with Margarate, and she said membership will call me.

 

7. I waited and waited, no-one called, so by this time I was very frustrated, angry and upset. So I called you and ended up having a very unpleasant conversation with the lady in membership.

 

8. What I am frustrated with is that no-one at Bushey seems to understand is that I have given you plenty of notice of my cancellation and that you have not been forth coming with your communication. I keep being told that they will call me back but no one ever does, and then I try again, frustrated, angry and upset as I feel ignored and avoided. I am sure you would feel the same, and it is no way to treat a person.

 

I know the procedure and have followed it, but because of lack of communication from DL Bushey,I have been made out to have not followed it.

 

9. Again I wrote to you in February, and again have had no response, until again I get a letter from a Solictor for ARC.

 

10. Again HO advised me to speak directly with the manager for Bushey, and so for the last 2 days I have leaving messages for him to call back.

 

 

I am prepared to fight this, but more than anything would prefer to sort this out between ourselves.

 

Thankyou for your time into this matter and I hope to speak with Craig very soon.

 

Regards

Still got no phone call, and called them this morning just to be told the manager is out all day and back tomorrow.

I am so stressed out, I worry all the time, I cann't even give my 3 young children any proper attention and get upset with them even on the smallest thing and even ended up in a car accident on Monday, after ARC called me before I was taking my kids to school and upset me. I told them I will not deal with them and I had received the county court claim letter from Trevor Munn, but until Bushey DL investigate the matter further about how I haven't followed procedure and tell me, I will not speak to ARC. They said that they don't know anything about that but they have to collect.

David Lloyd Head Office put a hold on ARC twice so I can sort it out with Bushey DL, but Bushey DL are not communicating with me. What do I do? Can you Please Please help me as my kids need me, there is no dad on the scene anymore and I have no family support here, not that they would understand.

I don't know how to respond to ARC or Trevor Munn or to get David Lloyd Bushey to listen and hear what I am saying.

Thankyou so much in advance for reading this and any help would be much appreciated.

[slick132]

Hi StressedOutMum,

 

I've moved your post into your own thread to avoid hijacking.

 

First off, calm down. You've come to the right place to get help and we'll assist you in getting this sorted.

 

If you read other threads here, you'll see many similar cases where the gym, their management company, DCA and "solicitors" just bulldoze folk trying to get them to pay when they don't necessarily have to.

 

When you stand up to these companies and deal with matters properly, you get to see what a shambolic bunch they are.

 

8)

[slick132]

1. Do you have the m/ship agreement.

 

2. What is the minimum contract period.

 

3. When did you join.

 

4. Have you cancelled the DD with your bank.

 

5. When you confirmed in July 2010 that you'd be cancelling, did you give them a cancellation date.

 

6. Why did you continue paying until October 2010.

 

Stop worrying about contacting the manager. He is obviously avoiding you and is unlikely to be of any help to you. You can deal with this without his involvement.

 

When we get some more info from you, we can advise on how to proceed.

 

You'll find letters on other threads that you can adapt and send to ARC and/or Trevor Munn. If you have trouble with doing this, we can help.

 

So, forget trying to contact the gym and don't respond just now to ARC or Trevor Munn. Get back to looking after your kids and stop fretting about this.

 

It may take time, but you WILL get this sorted.

 

8-)

[stressedoutmum]

Thankyou Slick132. I'm sorry I put my post at the bottom of someone elses, I not too sure on how to use the site.

 

I have been reading other stories on this site and don't feel so alone now, thank god I found you guys before I had a complete breakdown. However I don't know what to do now. Who do I write to? What more can I write? Any help would be appreciated.

 

Thanks again.

[slick132]

Hi SOM and glad you've found your new thread.

 

Answer my Q's above first.

 

Then keep reading other threads when you have time - you'll see you are SO NOT ALONE with your gym problem.

 

I'm off shortly but will be back tomorrow.

 

Relax, take some deep breaths and have a good night's sleep. Then have a good day tomorrow, safe in the knowledge that you have support here and that you'll get this all sorted. We will help you with letters, etc if needed.

 

8-)

[stressedoutmum]

Hi Slick132

1. I am searching boxes, draws and cupboards for my agreement, I know I have it somewhere or it went in the box I sent to my inlaws for my estranged husband.

2. I remember they said we had to be a member for at least 1 year before we can cancel, but could give notice before the year as long as it 3 months before the year is up.

3. We joined the club in October 2009.

4. Yes DD cancelled in October 2010.

5. Yes I said that I would continue my DD to October 2010, as then it will be a year and also the 3 months notice period.

6. I paid till October because they said I had to finish the first year, and end of my 3 month notice period. However the lady told me this verbally and I put it in my cancellation letter to confirm. They say they never received it, and unfortunately I didn't get a receipt as I emailed it to them and shortly after was burgled where my laptop was taken, so I deleted all my received, sent and folders emails. Stupid I know, but I was worried the bulgars would be able to access my emails as I was logged in when the laptop went. I have asked a friend of mine,who is abit of an IT specialist if he can get them back, so I hope & pray he can, but has had no luck so far.

Thankyou so much for your help and advise so far. I haven't been able to sleep with worry and dread, as I am a natural worrier, especially when I get angry and frustrated as I know I am in the right and have done everything by the book, as far as I am aware. I am the sort of person who if gets too much change will hand it back, or find money I always give it in, or I worry if I have find/get something that isn't mine, people tell me I'm mad.....how silly is that??

Unfortunately I will be needing your help with what to write and who to as I feel my mind and brain is electrified and cann't function properly.

[stressedoutmum]

Good Morning

 

I have had missed calls from a private number this morning, and now getting text to say I have to call ARC. There is no name or anything, it just says 'Can you ring me at ARC today on xxxxxxxx quoting ref. xxxxx.

 

What do I do or say? Getting worried they will send someone around. I have told them previously I am clearly disputing this.

 

Please help.

 

Thankyou

[fedupofharrasmentstudent]

Firstly, I´m sorry your going through this! I am in a similar situation with David Loyd, ARC and Trevor Munn.

 

Personally I think it is outrageous and appaling business practice and as people they have no ethical values. They don´t care about customers or people all they want is cash, so we needn´t care about them or get upset.

 

They are so borderline legal, they should be prosecuted and brought to justice for the harm they cause to vulnerable people. I had put my case down in type but I just deleted it and don´t want to type it all again.

 

So here was the key helpfull conclusion: the best sourceof advice I received is to pay the debtors to stop the harrasing and potential damage to credit rating, remember you are dealing with borderline criminals who will use any dirty trick in the book.

 

Then sue DL for compensation for unfair business practice. It is upsetting. I really hope there are other ways of actually bringing down this system, I would appreciate if anyone who has succesfully not paid them or actually gone to court could give us a shout about their outcome. But without any feedback from anyone on this I feel the best thing for us the victims is to limit the damage.

 

I wish watch dog or trading standards or someone would help and do something about it, is this even possible? They are a foggy bunch ARC and this solicitor and gyms working together to exploite and damage their customers, it´s not nice or fair to be treated like a criminal. Please some help?

Edited March 24, 2011 by slick132
put in para's so thread is readable

[slick132]

Hi Fedupofharassmentstudent and welcome to CAG .

 

If you want to start your own thread to discuss your own case, feel free.

 

So here was the key helpfull conclusion: the best sourceof advice I received is to pay the debtors to stop the harrasing and potential damage to credit rating, remember you are dealing with borderline criminals who will use any dirty trick in the book.

With respect, this is nonsense. Paying them is just what they want and this will encourage them to continue to harass folk in the future.

 

People here are fighting the gyms, the management companies and their DCA's. And they are winning.

 

It may take time but if you have a good case and you stick with it, you will win your battle.

 

Also, the OFT are on the case. See here - http://www.consumeractiongroup.co.uk/forum/showthread.php?289465-Office-of-Fair-Trading-v-Ashbourne-Management-Services-9th.March-2011

[slick132]

Hi SOM,

 

ARC want you to call them ? Tough !!

 

There's nothing they can tell you that will be to your benefit. And they have no right to insist that you speak to them.

 

IGNORE THEM, and enjoy doing so !!

 

I'll be back later to d/w your earlier post. 8)

[stressedoutmum]

Thankyou fedupofharrasmentstudent for your kind words and I am sorry to hear that you too have had problems. However, No I will not pay as I am not in the wrong and will fight it all the way. I know I would save myself the stress and upset, but I would be more upset because I will feel ripped off and keep questioning myself. Once I give in they would use that against me if I took DL to court later. I would rather do it now. Anyway they are now asking for nearly 700pounds, and I don't get money from my childrens dad, so if I had that kind of spare cash I would take them out and treat them.

Thanks Slick132, I haven't phoned them back but got another calls from a number I don't reconize so didn't answer and there was no voice message, just texts. Just remembered I don't remember signing any credit agreement with them, does this help. The kids dad wanted them to go to DL to learn Tennis and he joined us but not himself as he was leaving the country, so it was a kind of goodbye present to them but it had to be with an adult and he put me down, I never used the club, I never even saw their gym . I don't remember signing anything at the intial meeting either.

Hope to catch up with you later.

[slick132]

Hi SOM,

 

It would certainly be useful if you could find the m/ship agreement. If you can't find a copy, send a letter to DL's HO saying you are reviewing the matter and would like them to send you a copy of the signed m/ship agreement. Save paying for Recorded Delivery by getting a free Certificate of Posting at the PO when you send off the letter.

 

Do you know if the m/ship was in your name or your ex's name.

 

It would also be useful if your IT friend could access your old email a/c to retrieve the email you sent when cancelling the m/ship. Can you get onto this asap and let us know if you find either the m/ship agreement or the cancellation email.

 

The following letter could be sent to DL's HO and send copies to ARC and to Trevor Munn:-

 

Dear sir or madam,

 

Gym Membership

 

I am being harassed by ARC and Trevor Munn for payments relating to gym membership which ended in October 2010. They are saying I owe for membership fees due after October 2010.

 

To enable me to properly review this matter, please send me a copy of the membership agreement which you rely on to make these demands.

 

Although I wrote to you confirming my wish to cancel membership as from October 2010 when I made the last payment, I have been told my email "could not be found". I now understand this happens regularly when members want to cancel their gym membership.

 

Until this is resolved, the matter is in clear dispute and you must not make demands for payment, nor can you instruct or permit others to do so. Please therefore ensure that ARC and Trevor Munn stop making demands for the time being. The repeated attempts by ARC to phone me and text me are not welcome and amount to harassment.

 

If you or your agents make any further demands while this matter is in dispute, I will complain to the FOS, asking them to make a formal investigation, for clear breach of the OFT Debt Collection Guidelines.

 

I trust I make my position clear and look forward to your prompt reply.

 

Yours faithfully,

 

StressedOutMum

 

cc ARC; Trevor Munn Solicitors

 

8)

[stressedoutmum]

I have been looking for weeks and all day today, it must have gone with my other halfs stuff. I will request from DL. I have also asked my friend to keep trying and he promises he will work all weekend on it, so fingers crossed.

Should I also for the credit agreement?

Will send letter out tomorrow first thing.

Thankyou for advise and help today, really appreciate it.

[slick132]

Hi SOM,

 

Let us know if IT pal finds the email.

 

Add a paragraph saying, "If there was a credit agreement relating to this membership, please also supply a copy of this."

 

Good.

 

You're V welcome.

 

8)

[stressedoutmum]

Good Morning Slick

Letters done and enveloped just going to take them to Post Office now.

Will definitely let you know the status on the email as soon as he sorts it out.

Hope you have a good day and thankyou again.

[stressedoutmum]

hello

 

just to update, sent letters off yesterday morning, registered post to David Lloyd and proof of sending to the other 2. Low and be hold David Lloyd called today, I was driving, so let it ring abit whilst I pulled up. I picked up, said hello and I heard the receiver go down.

 

Even if I didn't pick up, I would have thought that whoever it was would have waited to leave a message. I didn't call back as I didn't know who it was that called.

 

Will update if I hear anything more.

[slick132]

Hi SOM,

 

Good stuff re the letters.

 

Whoever called wasn't that bothered if they didn't call back. However, as it was DL calling, you would simply have said, "Kindly put anything you have to say in writing, thank you. I'll discuss nothing by phone. Goodbye."

 

You'll definitely hear more from them, only now you won't get so stressed, I hope.

 

8-)

[stressedoutmum]

Thanks for the advise, stupidly I would have most probably spoken to them and felt terrible afterwards. Lets see if there is any post from them early in the week Will keep you updated.

 

Thanks to you I now feel I can handle them. Even the mums at school have noticed how I am alot freer I am. I realy appreciate the help you are giving.

[slick132]

Hi SOM,

 

That's what CAG is here for.

 

Who knows, we may soon be able to change your name to:-

 

QuiteHappyMum

 

or

 

CopingWellMum

 

8-)

[stressedoutmum]

Finally received a letter with agreement and terms&conditions. I am not happy with their reply and found other emails between me and them, especially as I found a email on the 12/10/10 and 21/10/10, where again they are saying they didn't get the email in July or the letter I sent again to in September to say I am cancelling my membership and payments will stop after my 12 months.

I have attached all for you to have a look at.

The letter is rude and they seem to be washing their hands off it. I gave my 1 months notice from September and more from back in July. And the letter they say they sent, I told them I haven't received it back at the beginning of March when I spoke to them and they said they would check and come back to me...never heard back from them.

Please where do I go from here. I really want to say it is their responsibility and it says we can give 1 months notice aswell as 3months.

Who can we take this to, higher up?

[slick132]

Hi SOM,

 

The gym cannot wash their hands of this in the way they want. You can't dispute the outstanding payments with ARC as it's your position that there are no payments outstanding. Also, ARC are just the DCA involved and they can't decide what membership fees are outstanding.

 

Respond to DL saying they have done nothing to address your assertion that you cancelled in good faith, in writing and in good time. There are no fees outstanding and if they allow ARC to pursue this, DL and ARC will be reported to the FOS for investigation.

 

Send ARC a copy of this letter.

 

I assume you have managed to retrieve the emails which confirmed your cancellation, but please confirm this. With this evidence, you should have ample to counter their claims.

 

If/when ARC contact you seeking payment, you can make a brief complaint to the FOS.

 

You will have to stand up to them and deal with their next moves appropriately, depending on what they do.

 

8-)

[slick132]

Sorry, one more thing............

 

The agreement they sent you. Is it just a blank agreement, or a copy of the one you signed with your signature showing.

 

8-)

[stressedoutmum]

Thankyou for your reply. Yes I have signed it, I edited the agreement when posting, shall I put on the full one on?

In the process of composing the letter to send to them, can I email it to you for checking?

Regards

[slick132]

Hi SOM,

 

No need to post the agreement for now.

 

From post #21 above, can you confirm if you've managed to retrieve the emails that confirmed your cancellation.

 

The letter you send now can be very brief, along the simple lines I suggested in post #21.

 

You have a PM from me.

 

8-)

[stressedoutmum]

Letter sent recorded delivery to David Lloyd. Let's see what they say. Got a message from ARC during my school run asking to call back. Haven't called back. Will keep you updated.