Health club woes...

[pa_broon74]

Hi folks.

 

This'll be my first post, oddly enough I was directed here from a motorcycle forum which is entirely unrelated to the problem I currently have, (well, I used a motorbike to get to where I'm having the problem with...)

 

I'll try to keep it short. Basically I was a member at David Lloyd Leisure (I know, middle class territory, I probably have a bob or two but I don't. ) They have the usual 12 month contract which contractually you have to honour but here's what happened.

 

In month five of my membership my monthly pay got fouled up and all my direct debits bounced, one of which was for David Lloyd Leisure (from now on to save typing: DLL ) I managed to sort the rest out getting some of the charges cancelled, I know DLL reapply for missed DD's mid-month so phoned to explain that there still wasn't any money in the account and if they tried again I'd be charged.

 

I was met with a brick wall with "CLUB POLICY" scrawled on it, no matter what I said or how I said it, they kept saying 'club policy.' I ended up going on line and cancelling the DD at my end, and due to the pretty foul attitude of DLL staff and of course; the dreaded Club Policy, didn't go back to the club.

 

As far as I'm concerned my membership ended on the last day of June and I never set foot in the club again. They wrote to me looking for payment after two months, I contacted them and said I wouldn't be returning and explained why; guess what they said... CLUB POLICY!!

 

I'm now being persued for the remainder of the 12 months (*£528) by ARC Credit Management which is nice of them. I sent a letter offering a compromise, I'd come back for the remainder of the contract if they waived the months I'd not used the club but so far, had no response.

 

I have the contract and it says the 12 months must be adhered to and any court action would take place in England (I live in Scotland.)

 

My question is this: If the service they provide is so poor, can I end the contract early. Is there something in my Statutory Rights that I could use? Also, can they make me go to court in England given all this took place in Scotland, I'm more familiar with civil law here than south of the border...

 

I did an internet search and DLL is famed for doing this, as the song says: 'You can check out, but you can never leave...' ;-)

 

Sorry to be so verbose but I hate the thought of being bullied by a big corporate entity like this, it sits poorly on my mind. I've been reasonable through out and never abusive (not my way of doing things, prefer negotiation to confrontation.)

 

Thanks in advance.

 

Paul

 

*Should read £528.

Edited September 17, 2008 by pa_broon74
Typo

[MrShed]

Sorry to shoot you down on first post, but really dont get your argument?

 

They havent provided a poor service, they just demanded payment when due. You are, as far as I can see, wholly liable for the remainder of your fixed term contract.

[pa_broon74]

Sorry to shoot you down on first post, but really dont get your argument?

 

They havent provided a poor service, they just demanded payment when due. You are, as far as I can see, wholly liable for the remainder of your fixed term contract.

 

 

The poor service occured when I asked (for what I thought to be reasonable) assistance from the club. Is there no protection in contract law for this type of thing?

 

For example, if the staff all of a sudden started ignoring members totally, could the member not cancel as they aren't getting the service which they are paying for.

 

Is there nothing in consumer law that covers this? (If not, perhaps there should be.) To be honest, I'm ambivalent about the club, I quite liked it which is why I said I'd go back. But in this instance, the service was poor, they just refused to help.

[MrShed]

I dont think the service was poor - they just refused to budge on taking payments for a contract you had signed up for. Agreed, they should have helped. But they have no legal obligation to, and the taking of one payment when you didnt want them to certainly does not warrant(legally OR morally) a cancellation of the rest of the 12 month contract without penalty.

 

No there is nothing in consumer law that covers this, and personally see no need for it - I do not think the club have acted particularly inappropriately.

[pa_broon74]

I dont think the service was poor - they just refused to budge on taking payments for a contract you had signed up for. Agreed, they should have helped. But they have no legal obligation to, and the taking of one payment when you didnt want them to certainly does not warrant(legally OR morally) a cancellation of the rest of the 12 month contract without penalty.

 

No there is nothing in consumer law that covers this, and personally see no need for it - I do not think the club have acted particularly inappropriately.

 

I think opinions on what constitutes poor service and the morality of the situation will differ from person to person.

 

On the points that aren't open to personal opinion though, the contract says any dispute would be settled in an English Country Court; can this be enforced or can I appeal to have moved to a Scottish civil court?

 

I would say, going back to your final statement, there is every need for it. What is there to stop business' from signing people up to contracts then subsequently moving the goalposts or changing things to the point were the consumer is no longer getting the service they signed up for in the first place?

 

It might be the case in law, but it seems to me a lot of debt is manufactured, we really do live in a country who's economy is debt driven.

 

Thanks for the replies so far.

 

[MrShed]

IT will - at the end of the day it is only my personal opinion.

 

However, there has been no changing of the goalposts. They did not change the payments required, they did not change the service provided. THERE WAS NO CHANGE TO THE TERMS IN THE CONTRACT. It was in fact you who first of all breached the contract by not paying, and then attempted to change the terms by wanting a delay in paying following this.

 

It's not that I dont sympathise - as I say, the club SHOULD have allowed you to delay payment. But there is clearly no defence to the outstanding contract I am afraid.

 

With regards moving court, no idea, but I would strongly advise that you don't go that far - I just cannot see you winning.

[MrShed]

Tell you what - I'll explain another way.

 

Although there is no provision in consumer law per se, there is in contract law. IE if there is a severe enough breach of contract, the contract CAN be terminated by the injured party.

 

The issue you have here is not whether this is a severe breach(which it absolutely undoubtedly is not), but whether it is a breach AT ALL. I fail to see how it is, I must admit that I am at best confused about your "moving of the goalposts" comment, as unless I am missing something obvious, there has been NO change to the service offered. In fact, your complaint is basically to do with the fact that they WOULDNT change it!

[pa_broon74]

Tell you what - I'll explain another way.

 

Although there is no provision in consumer law per se, there is in contract law. IE if there is a severe enough breach of contract, the contract CAN be terminated by the injured party.

 

The issue you have here is not whether this is a severe breach(which it absolutely undoubtedly is not), but whether it is a breach AT ALL. I fail to see how it is, I must admit that I am at best confused about your "moving of the goalposts" comment, as unless I am missing something obvious, there has been NO change to the service offered. In fact, your complaint is basically to do with the fact that they WOULDNT change it!

 

The 'moving the goalposts' and 'changing things' was purely a 'what if' scenario in terms of that last point I was making. I wasn't saying that they'd done either in my case.

 

I'll need to rethink this in light of what you've said. Its one of these things that has no gotten to the point where I can't easily afford to clear the arrears anyway which is partially my own fault.

 

Thanks for the advice.

[MrShed]

Welcome....good luck.