David Lloyd 3 month cancellation issues

[PrincessPeach87]

Hi Guys

 

Firstly i'd like to apologise for posting this here, i couldn't for the life of me figure out how to post i relevant thread.

 

I'm at the start of a dispute with David Lloyd and would like some advise if possible.

 

I joined the Birmingham club in July 2015 and paid for an annual membership in full when i joined. I decided in June this year that i couldn't afford to renew my membership and emailed the club to cancel on the 13th June (i think this was slightly shy of a full months notice by a couple of days).

 

I waited about 3 weeks to get a reply from the club and when i did it said that my membership would be cancelled on 1st October! I wasn't aware at this point that i needed to give 3 months notice.

 

I have emailed them a few times now to say that i'm not willing to pay anything further because i have already paid for a full 12 months and only used the facilities for 11 months of this time. To which i keep on being told that the notice period is 3 months so there is nothing they can do.

 

I have received a few emails and phone calls now from David Lloyd to say that i currently owe £86.

 

The problem is that i'm already on a debt management plan with StepChange so i really can't afford £86/month.

 

Can anyone advise me what i should do about this before this goes to a debt collection agency?

 

Thank you

Katherine

[maroondevo52]

Hello and Welcome,

 

I have moved this thread to the appropriate forum, hopefully you will get some help shortly.

 

Regrads,

 

Scott.

[Conniff]

We do have an expert on Gym problems and he will be along asap.

 

I would like to say that I feel the 3 months is not on. It's not as if they have had to buy in any equipment or make any changes to accommodate you so it won't cost them a single penny for you to leave.

I personally would challenge the 3 months and ask for a complete breakdown of the cost and also point out that your were never told about the cancellation period.

 

Do you have a contract and does it say that ?

[PrincessPeach87]

Hi Conniff

 

I don't have a copy of my own contract to hand. I believe it is in the bottom of a drawer somewhere, but i have looked at the T&C on line and it does state 3 months. However i was never told this when i joined. I was just told that they don't tie anyone into memberships anymore and that it is easy to cancel if needed. What a joke.

[Conniff]

A joke indeed, one that our Slick won't be laughing at.

[dx100uk]

Usual rubbish from them

Go look at other threads in this gym forum

You'll see its prob best to write one simple letter

Offer 1 month only for the period when you cancelled

 

I take you did cancel the dd?

 

Ignore RCA's

They are not bailiffs

And have no powers

 

On you DMP..I hope you sent everyone a CCA request? Before blindly paying them?

[PrincessPeach87]

Hi DX

 

Thanks for the advise and yes i cancelled the direct debit, i had actually changed banks since i first joined due to starting the DMP.

 

No i didn't send any CCA request, forgive my ignorance but what is the benefit of doing this? My DMP was set up before i was in any real trouble with creditors. I had always manged to keep up with payments but i was being stretched so far that i was having to choose between food and paying my debts. So i chose to take action before i got into any serious trouble.

[dx100uk]

Poss be best to start a new thread

About the DMP?

[slick132]

Hi PP,

 

We've seen folk challenge DL's T&C's here before.

 

Their 3 month cancellation requirement is so out-of-line with every other gym m/ship that it appears to be unjustifiable, unreasonable and challengeable. Also, if they took court action (highly unlikely), you'd have good grounds to defend against such action.

 

From my recollection of their T&C's, they allow you to give 1 months notice to cancel at the end of month 11/start of month 12 so the m/ship ends at the end of month 12. And if you cancel after that, they require 3 months notice.

 

I also recall reference to the old OFT Site or Citizens Advice about this - that it was unfair for a gym to assume/require automatic renewal when you signed up for a 12 month agreement, whether you paid monthly or the full year in one go.

 

I'd like some more info :-

 

1. What date did you join the gym.

 

2. Did they give a date that they said the m/ship was due to renew.

 

3. You said above, "I waited about 3 weeks to get a reply from the club and when i did it said that my membership would be cancelled on 1st October!" - Did they reply by email, by letter or by phone and do you still have all their replies.

 

4. You also said above, " To which i keep on being told that the notice period is 3 months so there is nothing they can do." - Again was this by email letter or by phone and do you still have all their replies.

 

Do NOT speak to anyone by phone at all unless you record the calls but best to keep all comm's in writing only.

 

Don't worry about this "going to debt collection". If ARC (Europe) make any demands, ignore them - they have neither power, nor authority.

 

[PrincessPeach87]

Hi Slick

 

Thank you for your reply.

 

I've just found out all of my correspondence most of which is via email. I originally joined on the 27th May and opted to pay monthly by direct debit. The day after signing the agreement i decided to change this to one annual payment and i was told that this annual payment would start from the 1st July.

 

Please see emails confirming this:

 

28th May 2015

 

Hi,

 

Following from our conversation.

 

Please return this email confirming you wish to change to a annual payer from 1st July.

As soon as I receive your request I will then process ready for you to make payment.

 

Many thanks

 

Carron Heath

Member Relations Manager

David Lloyd

Great Barr

Birmingham

B44 9ER

TEL 0121 325 3306

 

28th May 2015

 

Hi Carron

Thanks for the email.

Yes i can confirm that i would like to change my membership to an annual payment.

This applies to my membership xxxx as well as my daughters xxxxxxxxxxxxx

Can you please call me back when this is done and i will pay over the phone.

Thank you

xxxxxx

 

 

I then had an email on the 3rd of June tell me that my membership was due to expire and they needed payment by the end of June if i wanted to renew.

 

3rd June 2016

 

Dear Mrs Anderson,

Membership Number: xxxxxx

We wrote to you a few weeks ago to remind you that your annual membership is due for renewal. To ensure your membership continues seamlessly please make your payment before the end of this month. Your annual membership fee is £1043* and you are able to pay by one of the following methods:-

• Pay online with a debit or credit card by going to the website and following the instructions on screen.

• Paying via our Automated Payment System with a debit or credit card, by calling 0207 048 7438 (you will need your membership number).

• Make the payment on your next visit to the club

If you have any questions, please feel free to come and talk to the membership team when you are next in the club or call us on 0121 325 0700, we’ll be more than happy to help.

On behalf of the team, I’d like to thank you for your continued membership and look forward to seeing you in the club soon.

Kind Regards

James Walsh

General Manager

 

Then on the 14th June 2016 i wrote to David Lloyd to tell them that i wanted to cancel.

 

14th June 2016

 

To Whom to May Concern

 

I'm sending this email to confirmation that i would like to cancel mine and my daughters membership.

 

My annual membership is due to run out in July and i will not be renewing.

 

Unfortunately i don't have our membership numbers to hand but the names and address is:

 

xxxxxxxx

Please confirm receipt of this email.

 

Kind Regards

 

xxxxxxx

 

I did hear anything from DL until the 1st July when i received 2 generic emails asking for payment.

 

1st July 2016

 

Dear xxxxx,

 

Membership Number: xxxxxx

 

There are a couple of ways that you can bring your membership up to date:-

 

• Online with a debit or credit card by going to the website and following the instructions on screen.

 

• Via our Automated Payment System with a debit or credit card, by calling 0207 048 7438

 

If you wish to take advantage of either of these services your current membership fee of £260.72 is due for your membership at Birmingham.

 

Of course, if you have recently sent payment please ignore this email.

 

Yours Sincerely

 

Stephen Empson

Group Central Membership Manager

 

4th July 2016

 

Membership Number: xxxxxxx

 

Dear xxxxxxxx

 

I'm writing about your membership at David Lloyd Birmingham. We just wanted to let you know that this month's membership fees have now become due and you have an oustanding balance of £86.88.

 

If you still need to make this payment, the following options are available to you;

 

Click here: to pay online.

 

Call 0207 048 7438 to pay over the phone

 

Or, you can settle the amount at reception in your club.

 

To make paying your membership as convenient as possible, you can pay by Direct Debit. To set this up, your club will be happy to help you complete the necessary forms when you next attend.

 

If there is anything else we can help you with, then your club Membership Team will be more than happy to help.

 

Healthy regards,

 

Stephen Empson

Group Central Membership Manager

 

When i saw these i sent the below to DL.

 

4th July 2016

 

To Whom it May Concern

 

I sent the below email on the 14th June, to tell you that i would like to cancel my membership and that i wouldn't be renewing my annual membership.

 

I didn't hear anything back from you and i have just received an email saying that a payment is due.

 

Can you please email me back and confirm that mine and my daughter xxxxxxxxxx

memberships have been cancelled as of the 14th June. Because as stated below i'm not going to renew.

 

Thank you

xxxxxxxxxxx

 

I received the below from DL 2 days later.

 

6th July 2016

 

Hi xxxxxxxx

Many thanks for your email.

Firstly let me say how sorry I am you didn't receive the email sent confirming your leaving date. I have copied below.

I have tried to call today to confirm, but unfortunately this has not been possible.

 

If you would like to call, I am in the office today until 4pm and tomorrow between 1 and 9pm.

 

Kind regards

Carron Heath

Member Relations Manager.

David Lloyd Birmingham

 

Dear xxxxxxx

 

Membership Number: xxxxxxx

 

Following receipt of your recent letter, we were very sorry to hear that yourself & xxxxx wish to end your membership with us.

I can confirm that your membership will expire on 1st October 2016. However ending your membership does not always have to be the answer. With our expert staff we can help you get the most out of your membership with our free products below:

ViPR Taster Session - giving you the benefit of 7 fitness tools in one. Ideal for everyone from weight loss and toning through to sport specific training.

Personalise Your Exercise - A personal exercise program designed by one of our gym staff which is reviewed every 4-6 weeks.

Group Exercise Welcome - With a wide range of exercise classes to choose from, why not book in with our Group Exercise Co-ordinators to find out more about our exercise program.

Tennis Welcome - Simple drills for all playing abilities to welcome you into the tennis program.

Family Welcome- Say Hi to our DLL Kids Team , Junior Tennis Coach, introduction to our swimming program and find out what fantastic classes we offer for kids.

Power Plate Taster Session - Acceleration training exercise employs the body's own reflexes to help achieve the variety of health and fitness outcomes possible, working every muscle group.

 

I would like to thank you for your continued support of the Birmingham Club and if you have any further questions or would like to book in for any of the events above then please

 

This was my reply.

 

6th July 2016

Hi Carron

Thank you for your email which I have now received.

Unfortunately I don't agree with the leaving date of the 1st October.

As I paid an annual fee in full in July 2015 and gave you a months notice of my cancellation in June 2016 and haven't used the clubs facilities since this time. I don't expect to have to pay anymore fees to David Lloyd and I'm not willing to do so.

Please confirm that my membership is now cancelled and that no more payments are due.

Thank you

xxxxxxx

Again i didn't get a reply and had these 2 generic emails sent within a couple of days of each other.

 

8th July 2016

 

Dear xxxxxxx

Membership Number: xxxxxx

There are a couple of ways that you can bring your membership up to date:-

• Online with a debit or credit card by going to the website

and following the instructions on screen.

• Via our Automated Payment System with a debit or credit card, by calling 0207 048 7438

 

If you wish to take advantage of either of these services your current membership fee of £260.72 is due for your membership at Birmingham.

Of course, if you have recently sent payment please ignore this email.

Yours Sincerely

Stephen Empson

Group Central Membership Manager

 

11th July 2016

 

Dear xxxxxx,

Membership Number: xxxxxx

We are writing to you regarding your membership at Birmingham. It appears from our records that your annual membership account is currently in arrears of £86.88.

There are a couple of ways that you can bring your membership up to date:

• Pay online with a debit or credit card by going to the website and following the instructions on screen

• Make the payment on your next visit to the club – please ask for the Membership team

Should you wish to end your membership I would encourage you to contact the Membership Team at the Club as soon as possible – we want to help you stay, however if it is your intention to leave we will ask you to provide the relevant notice as defined in your Membership Agreement and the Terms and Conditions of membership.

Of course, if you have recently sent payment please ignore this letter.

Yours Sincerely

Stephen Empson

Group Central Membership Manager

 

So i sent this back.

 

 

11th July 2016

 

Hello

I've just received your email regarding payment of my membership fee.

As stated several times by email. I wish to cancel mine and my daughter xxxxxxx

membership and I'm not interested in paying any additional money to David Lloyd.

As previously detailed to the Birmingham club I paid an annual membership fee of over £1000 in July 2015 and wrote to you to cancel my membership in June 2016 and haven't used the club facilities since this time.

Therefore I believe I have paid you all I owe and I'm not going to be paying anything else.

Can you please reply to this email to confirm that my membership has been cancelled and that no money is due.

Also I expect contact via email as the mobile number you have been contacting no longer belongs to me so please remove it from your data base.

Regards

xxxxxxxx

And got this reply.

 

11th July 2016

 

Dear xxxxxxxx

Thank you for your e-mail.

 

Our records show the club have processed a cancellation date of 1/10/2016 as per the terms of your membership and payment will be required up until this end date.

 

Please do not hesitate to contact the club if you have any further queries.

 

I confirm I have removed your previous mobile number.

 

Kind regards,

 

Krista Oxbrow

Membership Services Consultant

Club Support - David Lloyd Leisure Ltd

 

 

Tel: 0300 303 95 31 (option1)

 

 

 

So i sent this.

 

11th July 2016[/b]

Hi Krista

Unfortunately I don't agree with a cancellation date in October.

I paid for 12 months membership used 11 months and gave you a months notice of my cancellation.

As far as I am concerned I don't owe David Lloyd anything as I have paid for the services I have used and won't be paying anything more.

Thank you

xxxxxxx

 

I haven't received anything from DL since i sent this last email.

 

In between all of this they also tried to call me quite a few times but the number they had for me now belongs to my husband and i asked them to remove it from there database.

 

All of the correspondence has been by email and as far as i remember i wasn't told at the time of joining when i would need to renew, i was just told several times that cancelling a membership is easy and that i wasn't tied into anything due to the OFT regulations.

 

Also i know that i gave then slightly less than a months notice to cancel and due to this i am prepared to pay for an additional month if that helps to keep them off my back.

 

Thanks for your help Slick, i look forward to your reply.

[Conniff]

If you look at this logically, if you take out a 12 month contract, then you must be giving 12 months notice.

[dx100uk]

names addresses and membership numbers removed

please remember to redact items before copy and pasting.

 

 

dx

[slick132]

Hi PP,

 

It would have been better if you'd cancelled at the start of June. However, I'd simply ignore their continuing demands for now.

 

You joined for a year and paid in full, up front. I do not agree that you were committed to continue the m/ship beyond what you paid for.

 

I will have a look for the opinion about annual m/ships NOT being automatically renewable but you should also do this yourself.

 

In the meantime, let us know what further demands or contact you receive but don't reply to it.

 

Also, remember that DL or their collection agency (ARC Europe) have no power or authority.

 

[slick132]

Hi PP,

 

Sorry for the delay in coming back with the info referred to in my post above.

 

Have a look here at the Citizens Advice opinion - https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-gym-membership/

 

They say :-

 

If you think your contract terms are unfair

 

It’s possible that the contract terms dealing with cancellation are unfair. If this is the case, those terms might not be legally binding so you should try to get the the gym to let you cancel.

 

The terms of your contract could be unfair if they, for example:

 

allow your contract to be automatically renewed without your permission