I've had exactly the same problem! I canceled in March 08. I put the membership card in an envelope with a cancellation letter. The reception desk was not manned so I put the envelope on the keyboard behind reception addressing it to membership. The whole place is CCTV'd up so didn't think anything of it. Stupid me.

They took my March and April DD amounting to 6 weeks rather than 1 months notice. I got my first letter in May. I called to sort out and the person who had written to me was not available and no one else could help. I asked them to call me back. No response. I got the second letter in July. Called and really kicked up a fuss on the phone. Again they promised to call me back. I wrote another letter that day and posted it. No response to the letter or phone call. I then get a letter from a debt collection agency threatening court action and demanding £169 in 'outstanding membership dues'.

I emailed the club with scanned copies of both letters and called. No response. I then email again and give them until 12.00noon the following day to respond by telephone. Again no response. I go to the club and refuse to leave until I speak to the manager. Again as in the first thread he is very unhelpful - must be part of the David Lloyd job description. The manager produces a booklet containing all of the terms and conditions. At the end of the booklet there is a whole page about terminating. Again the same thing, it was my obligation to get a receipt for my termination letter. I explained I couldn't do that as the desk was unmanned. Another part of the terms and conditions states that you also have an obligation to contact the club if you have not been contacted within 10 working days of sending your letter.

Basically they are refusing to budge and there is no willingness to negotiate. They want the £169 on top of the six weeks membership I gave as notice. As I handed the card back in the envelope with the cancellation letter I haven't had access to the gym during this time.

I am absolutely furious about this. I asked for a copy of the terms and conditions that I signed as I do not remember there being any of these causes in the agreement. They could not immediately provide this but are posting it to me within the next few days.

If they produce a booklet explaining the terms and conditions they should give it to you at the time you join no produce it when you get into dispute about leaving the club. I wasn't even given a booklet to take away.

I think this is grossly unfair and am not prepared to roll over on this without a fight. Any suggestions would be greatly appreciated.

Hi DD and welcome to CAG.

I've moved your post into you a new thread started for you.

Have a read through this forum and you'll find plenty of similar problems. Also look below at the "Similar Threads" list.

It sounds to me like their terms concerning cancellation are not reasonable, especially as you left your card and letter at their reception desk.

I suggest you make a brief summary of the relevant events and send it to their HO (by Rec'd Del'y) saying you will not be bullied into paying any more.

Read around for more info on how others have dealt with this and get pointers on how others have won.

Did you not receive a copy of the contract you signed with them?

When you receive this copy check it right through looking for that clause of 3 months notice of cancellation. Don't just look for it in a paragraph or sentence on it's own, it may be tucked into one of the other conditions so read right through it.

Make sure it is a copy with your signature down the bottom, if not then it cannot be relied upon to be what you signed and agreed to. They cannot rely on any terms or conditions that are not printed on the sheet you signed, so their book that he quoted from is irrelevent.

Until the contract is returned and the absence of this cancellation term is declared, then there is not a lot you can do. If the term is on the copy you signed, then there is also not a lot you can do.

It does sound a bit dodgy as they are not issuing a summons but getting a dca to collect.

Let us know what it says when you have the copy.

Hello there, I have now had my terms and conditions and to my utter dismay it does actually state that I need to prove posting - they recommend recorded delivery and that if I haven't heard within 10 days it's my obligation to follow them up. It also states by the signature box that I have understood the terms and conditions as stated in the memberhship booklet.

The problem I've got is I didn't read the terms and conditions because I had a member of staff explaining them to me. At the end of the explaination she handed me the form and asked me to sign. I signed not realising I was putting myself at risk. I wasn't given a terms and conditions booklet although the termination part is clearly worded (in very small writing). I didn't get the chance to read it because of the way I was signed up. I have written to head office and they just thanked me for bringing it to thier attention, but thier position is still the same pay up.

I need some advice about what might happen at court. I didn't read the terms and conditions as they were explained to me by the gym staff and I had no reason to suspect that they would be misleading me (yes I know I'm a mug). However, I'm not the only person who didn't read it. I asked my boss who is also a member if he was aware of this and he clearly didn't read it either because it was sold to him in the same way. I have spoken to another work collegue - he didn't get a terms and conditions booklet either and didn't realise that he had signed to say he'd understood a booklet he hadn't even recieved! So I'm not alone.

The other point is that the gym have been very difficult to contact. This has been allowed to go on for four months. If it went to court would a judge allow a clause designed to protect David Lloyd against losing on months fees to give them four months fees and the debt collection admin fee when I had tried to negotiate with them before they sent it to the debt collection agency.

I have the letter I sent on the 15th July before they sent it to the debt collection agency still on my pc with a creation date of 15th July and can show that I called the club that day on my phone bill.

Anyone have any thoughts?

Thanks for your help.

DDx

Hi D.

You can send the DCA packing by writing to them and telling them that it is in dispute and to refer it back to the Gym.

It might say you should send it by recorded etc; but does it say you have to give that much notice?

Hi DD,

Have a look through here to see if there's anything that may help you - http://www.consumeractiongroup.co.uk/forum/consumer-protection-unfair-trading/

The lesson here is, don't sign anything until you've read it through and understood everything you are agreeing to. Isn't hindsight a wonderful thing.

When the staff discussed you signing up, did they mention anything to you about how you cancel m/ship or what notice you'd have to give.