David Lloyd and ARC

[Steven Krowiak]

Hi all. Just found these forums after trawling the interweb for people who've had similarly nasty experiences with David Lloyd and their debt collectors ARC.

 

A couple of years ago my wife our son and I transferred our membership from David Lloyd Fitness in Solihull to David Lloyd Cranmore, also in Solihull. We didn't sign a new contract at the new gym and were never made aware that the terms and conditions of our membership had changed, so when we decided to terminate our membership earlier this year I duly gave the one months notice stipulated on the contract we had signed at David Lloyd Fitness.

 

David Lloyd Cranmore have demanded that I pay for a further two months, stating that three months is their standard notice period. I have said that if they can show me documentation which supersedes the contract I have, then of course I will pay; they haven't provided this documentation - because it doesn't exist; I never signed a new contract.

 

I exhausted the DL internal complaints procedure. I complained to Trading Standards (via the Consumer Advice helpline on the now defunct OFT website) but they don't investigate individual complaints. I've spoken to the Financial Ombudsman who were very sympathetic, but this is outside their jurisdiction. Ive yet to contact the Financial Conduct Authority, but like Trading Standards they don't fight individual cases.

 

David Lloyd have now passed me on to ARC who are threatening court action to extract the £400 from me which they claim I owe. I've sent them a copy of the contract I have showing that I'm bound by a one month notice period not three, but they're not interested.

 

Should I be taken to court I'm 99% sure I'd win, but I'm worried about that 1% chance where I'd get a CCJ and my credit rating would be destroyed.

 

ARC have told me I've a week before they get their solicitors involved. What should I do?

 

Thanks in advance,

 

Steve

[slick132]

Hi Steven and welcome to CAG

 

The chances of this going to court are extremely limited, based on years of experience helping folk here. Even if they took court action and won, you have the option to pay the judgement amount within 28 days and the CCJ will be removed from the public register.

 

If you have your original agreement that shows a one month cancellation period, then I think you have good grounds to maintain your stance and refuse to pay any more than the final one month's fee.

 

Do not bother trying to discuss this at all with ARC - you'll be wasting your time as all they want is to get your money. I would also not bother with the FOS or the FCA as this is not really their bag !

 

Personally, I would write DL's Head Office (and send a copy to ARC) as follows :-

 

Dear sir or madam,

 

I refer to demands from you and ARC for further payments from me following the cancellation of my gym agreement.

 

I am aware that The OFT negotiated with DL and other gyms to ensure that members were treated more fairly in relation to several aspects of gym memberships. Your requirement of 3 month's notice to cancel is excessive and unfair to customers.

 

In any event, the only agreement that I signed back in [month; year] required one month's notice and you therefore have no right to demands any amount s in excess of this.

 

If you want to take court action, please do so promptly so I can put my case and evidence before a judge.

 

Otherwise, you must stop making any further demands and instruct ARC not to contact me further.

 

If further demands are received from you or ARC, a formal complaint will be made to Trading Standards.

 

Yours faithfully,