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David LLoyd dudley 7 days cancelation


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Hello to everyone

 

I decided to join David lloyd club in Dudley last Friday 10th March

 

. On the day when I was introduced I explained that I am working full time so I can attend gym from 7 pm also I am working some weekends.

Main reason why I joined was my 11 years old daughter could use a gym facilities with me

.

Next day when my contract start

we arrived at the club just before 7pm swiped our cards to get to a lady in reception

 

. I was going to book a gym induction (health and safety policy)

I was told that my Hanna is not allowed to use it because she didn't turn 11 (she will in august)

 

I was shocked- no one mentioned that fact that she has to be 11 :|

 

I asked for a manager ,

one of the member of staff turned up _

same who signed me in.

 

I explained my problem, and I informed that in this case I have to cancel my and my daughter membership because I was not informed about age restriction,

 

he said I can still use other facilities, but he knew there is not much classes for me and I cant do it without my daughter by my side,

 

I will not use a tennis courts or swimming poo because we don't like itl

- main reason was gym!

 

He said he have to go and double check with other member of the staff if they can make an exemption for my daughter, will back up in the system my entrance through a gate.

 

He came back after few minutes saying that she is not allowed to use gym facilities till she turned 11,

he saw a contract,

I put my daughters date of birth in it

, why he didn't said a word?!

 

He gave me a advise to go back home do not use a gym till my answer come and send an email to one of the sales manager, so I did.

 

This Tuesday I got a email saying they can not cancel our membership (even if it is within 7 days) because I entered the building and swiped a card-

 

I have to mentioned that I have witnesses that I never used any of the gym facilities,

also I have a witness who can confirm that I was not informed about legal age of 11,

there is no such a thing in david lloyd contract.

 

Please give me some advice's what to do

 

kind regards

Aga

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You can cancel. If anything you were mislead into signing the contract.

 

Sit tight and the regulars will be around to give you specific advice.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You told us the background of the story but you haven't really told us anything else about what is happening. Have you been pursued for payment? Have they taken money from your account?

 

Please can you finish off the story

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Thank you for quick response, I've made a payment same day when signed in which was joining fee+ monthly payment upfront for me and my daughter ( £150).

I wrote an email to a sales manger from club and he replay, that I am not entitled to cancel a membership because I swiped my card through a gates

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Thank you.

 

I gather that you completed an application form and that your daughter is correct date of birth was clearly marked. Is this correct?

The gym accepted the form and gave you membership and you paid money.

 

Now they have discovered your daughter's age they are now saying that she is too young and they won't let her in.

As far as you're concerned, admission for your daughter is an essential requirement for you.

 

If this is all correct then it is clear to me that it is they who are cancelling the contract – not you. They have made an error and by and by now saying that your daughter is not entitled to enter, they are trying to vary the contract. You are entitled to refuse that variation and on that basis the contract is cancelled.

 

It is nonsense for them to say that you are cancelling the contract.

 

What we have here is the David Lloyd gym who have made an error and yet are refusing to take responsibility for it. Frankly, they're crazy and whoever is running that Jim really doesn't understand what the legalities are, what the moralities are and what should be the practical way forward – which is simply to accept that they made an error and it's all water under the bridge.

 

If these people who ran David Lloyd were allowed to run banks, they would be seriously dangerous to us all. Maybe all that fitness training has sapped the energy out of their brains.

 

The question now is – how do you pay? Was it by credit card/debit card?

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This is correct, I joined specific this gym because they allowed her to use a gym ( other gyms not allowed children to use when they under age) she is black belt in taekwondo and only 11y so I thought we can spend quality time together :sad: I am really worried now, I cant sleep, I am getting mad at work. What should I write in a cancellation letter please.

I paid by debit card

thank you

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I forgot to ask if you set up a direct debit for the membership as well. Maybe you can let us know.

 

There is absolutely nothing to worry about here. We will help you draft a letter of cancellation which will also demand your money back. If you have set up a direct debit then you should contact your bank immediately in writing and cancel it with immediate effect. You should also begin a chargeback procedure with the bank. Don't expect the bank to be very helpful about this. You will have to insist and to be persistent about it. Keep all your communications with the bank in writing but if you do get on the telephone to them then only as long as you have read our customer services guide and you have implemented the advice there.

 

The situation with the gym is that they are being stupid and they are in the wrong. If they realise that you are no longer paying them any money then they will probably consider that you are in debt to them and then they will send the matter out to their pet debt collectors who will then start sending you letters and bombarding you with threats. However, they won't do any more than that. It is most unlikely that they will do anything to your credit file.

 

If you start hearing anything from anybody about this then let us know because we will help you.

 

If the worst comes to the worst then you may have to bring a small claim against them in the county court for the return of your money and for some compensation.

 

Don't worry about being sued. It is most unlikely that they would do it – and if they do, they will lose. Anyway, keep us completely informed we will help you all the way.

 

I'm assuming that you do have a copy of the application form?

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One thing which occurs to me is whether it was clear to them that your daughter would be going to the gym as well? You say that you swipe your cards (plural). Does that mean that you were each issued with a card?

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Okay, cancel your direct debit immediately. Make sure you confirm the cancellation in writing. Double check that it's done.

 

Begin the chargeback procedure with the bank – as I said, don't expect them to be very enthusiastic about it.

 

I suggest the following letter:

 

Dear Sir/Mdm

 

Reference number

 

On XXX date I took out a membership with your gym along with my daughter. The membership application forms were correctly completed including my daughter’s date of birth. It was clear from the details I gave that she was not yet 11 years of age.

 

We were granted the membership, the appropriate fees were paid but when I later attempted to enter the gym with my daughter after we had swiped our cards to your card reader, my daughter’s age was queried and we were then told that my daughter would not be permitted to enter.

 

As a result I have now told you that I do not wish to have your membership because my interest in joining the gym was to do joint activities with my daughter.

 

However, I have been informed by the management of the Dudley branch of your gym that I will not be permitted to cancel the membership and that I must continue to pay.

 

I’m writing to put your notice that this is completely unacceptable. You have attempted to vary the gym membership contract and I do not accept the variation.

 

The fact is that it is the David Lloyd gym which is cancelling the contract because of their own error.

 

Despite the fact that I have tried to explain this to your management, they are refusing to accept that the contract is at an end and more importantly they are refusing to return my money.

 

This is to put your notice that the membership contract between us is now at an end. I am cancelling my direct debit with immediate effect and I expect the return my money.

 

I understand that once you realise that my direct debit has been cancelled that you may put the matter out to your own debt collectors. I should warn you that not only have you breached the contract by unilaterally cancelling it, but if you then go on to refuse to return my money or to cause me any problems by debt collection activities then that will be a further breach of contract.

 

Please understand that if you do not return my money to me in full then I will have no hesitation in bringing an action against you to recover it plus my costs plus interest. Similarly, if you send my personal data out to a debt collector, then that matter will also be subject of the same claim.

 

Yours faithfully

 

Check that the contents of the letter are correct and that you are happy to send it.

 

Be aware that you are threatening a potential legal action here – if you do not manage to get your money back on chargeback.

 

Let me also say that if you do get your money back on chargeback, David Lloyd gym may continue being stupid and tried to harass you for that as well.

 

Make sure you keep us informed of everything that happens.Although the whole thing is a nuisance, it is entirely their fault and you have nothing to worry about. If they start sending you crappy letters then simply come back here and tell us.

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Hi Agnie,

 

There's really nothing for you to worry about. We'll help you get your money back.

 

Let us know how the bank responds to your Chargeback request.

 

Apart from the inconvenience and disappointment, you won't lose out on this matter.

 

:-)

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