David Lloyd Cancellation issues

[Mad Gym Member]

My wife, 4 kids and I joined David Lloyd (Cheshire Oaks) 12 months ago and have had issues with the early cancellation of it. Our last payment was last month and we gave writing of this long, long ago.

 

For the first 3 months or so, everything was fine and we were using the facilities quite often, but unfortunately tragedy struck and my wife was raped leaving her unable to leave the house for around 5 months afterwards. Leaving her alone at night was also not an option for me to be able to go with the kids so we asked for an early cancellation. After the letter requesting this, the manager there asked to speak directly to my wife and then insisted on hauling her into the office for an interview to assess the situation. A humiliating experience it was too as she was forced to re-visit the scenario and they asked to provide a doctor's note to prove it and then they would cancel it!! This was supplied and cutting a slightly longer story short, David Lloyd still refused citing that it wouldn't be fair to other members and that they cannot cancel on an individual basis. Why drag her into the office then!!

 

We are still bombarded with telephone calls and junk mail even when they knew that we were cancelling and the sensitive nature of the situation we are in. Even now, my wife cannot enter echo-ey rooms without having a panic attack, and crowded places such as supermarkets are a problem unless somebody accompanies her.

 

It is obvious that the David Lloyd are completely unsympathetic to anyone's situation as I have read loads of similar stories, but to add insult to injury, my wife's Dad spoke to a solicitor friend and he said that there is a possibility that we could sue because there was genuine reason for the cancellation and their handling of the situation. So we sent a letter to Head Office at least a month ago (not recorded I'm afraid) complaining of their handling of the case and the outrageous way that my wife had to relive the incident and about the solicitor's message. Needless to say we have had no response from Head Office either.

 

The handling of all of this is what annoys me. David Lloyd cannot be bothered to contact, were dismissive of our situation and were completely unsympathetic. I am a teacher and if I had dealt with a similar situation (and I have twice in my career) in the same insensitive manner as they have, I would have had been suspended pending investigation!! What gives them the right to put my wife through such an ordeal?

 

My question is: is there really any case that we have for compensation whether this be by a refund of payments made after the original cancellation request was refused, or because of the inept, insensitive manner in which this case was dealt.

 

Thanks for reading this, and any advise whether positive or negative, is welcomed and encouraged.

 

Thankyou.

[Conniff]

You really should contact one of the papers about this, the Sun would be a good start.

[Annoying Twit]

I am unable to provide legal advice or ideas. However, may I say that I have a great deal of sympathy for your predicament, and think that David Lloyds' behaviour is utterly disgusting.

 

Contacting the news section of a paper such as The Sun may result in publicity that the OP and his family would prefer not to have. A slightly softer solution might be to contact one of the "consumer champions" that some papers have who intervene on peoples' behalf. I'd guess that as soon as David Lloyd see any hint of publicity concerning this case, that they'd immediately change their tack.

 

Even posting on forums might do the trick. I'd be happy to send a letter to David Lloyds saying that I've read of this case on an internet forum, and am absolutely disgusted by their behaviour. If a number of us do this, then DL might start having second thoughts. But, I wouldn't want to do this without the OK of the OP.

Edited September 2, 2009 by Annoying Twit

[buzby]

Agree with the above, because under the strict terms of your agreement - they are in the right, and your commitment to them is not based on any change of circumstances, you've only got to look at the number of complaints about mobile phone contracts and people losing their phones/jobs/partners and their commitments roll on regardless.

 

The only way to resolve this is to embarass them - but from what I've sene, they have pretty thick skins.

[Mrs E Blackadder]

How about contacting Dominic Littlewood at the BBC? He is great at championing causes where people have been treated in a less than helpful and/or respectful manner. In your case, David Lloyd have behaved in an absolutely dispicable manner. Who the hell does the manager think he is to make your wife undergo what is nothing short of an interrogation. Under the circumstances, I don't think there was any need for him to expect your wife (or even you) to have to go through that, and the facts alone should allow him to cancel your membership. It sounds to me like he was being vindictive simply because he could be. I suspect that he could easily cancel for you if he so chose.

 

I am being serious about contacting Dominic Littlewood as I suspect he would be appalled to hear your story (as would most of the country) and it would be dealt with without you being named. David Lloyd have behaved in a particularly uncaring manner, and I think the manager in question should be held to account.

 

These are just my personal thoughts of course, but I am sure I will not be alone in expressing them. Good luck to you, and my best wishes to your wife.

[Annoying Twit]

Agree with the above, because under the strict terms of your agreement - they are in the right, and your commitment to them is not based on any change of circumstances, you've only got to look at the number of complaints about mobile phone contracts and people losing their phones/jobs/partners and their commitments roll on regardless.

 

 

I'm no lawyer, but it might be worthwhile checking the contract to see if there are any force majeure clauses giving DL an out in the case of unexpected or unforeseeable circumstances. If there was such a clause for DL, without allowing the customer similar rights, then it could be seen as unfair. not sure what the consequences of that would be though.

[Mad Gym Member]

Thankyou all for your responses!! I am amazed to read so many responses and the amount of concern and encouragement that you have shown.

 

I would certainly be ok with people writing to DL on our behalf and if anyone feels that strongly about it, we hereby give permission for this.

 

Contacting Dominic Littlewood is a great idea (although I must say I've never heard of him until now!!) especially as my wife and I don't want to be mentioned as we are both teachers and would put us under a lot of undue stress and pressure, especially my wife who has only just been able to cope after struggling to stand up in front of a class for so long. She is a strong one although for the 4-5 months that she was off work, I didn't think that she would be able to work in that capacity again.

How do I contact him? Would essentially forwarding my original post suffice or would he need more details?

 

The manager of the DL in Cheshire Oaks is actually a 'she' rather than a 'he' which will probably surprise a lot of people as to how hard-faced she must be when women are supposed to be far more sympathetic to this sort of thing. Not that I would wish this on my worst enemy, but she'd soon change her tune if it happened to her!!

 

Thanks again for all your support - it is very much appreciated!!

Edited September 2, 2009 by Mad Gym Member

[buzby]

Woment are the worst, they donlt take well to sob-stories from their own king - however I think she's in a no-win situation with her HO if she attempted to waiver the lock-in provided under the contract. This will be a Head Office matter.

 

Bearing in mind the number of Gym disputes some people have stooped to pretty extreme methods to be released, and tall tales are the order of the day in many instances. All this creates problms for those to which these unfortunate events actually take place.

 

I've heard refusals on refunds for; moving abroad, doctors advice, Sectioned under the MHA, and death. Sorry, this last one works, but usually requires the death certificate and a possible claim on the estate for any unpaid balance.

[Mad Gym Member]

Unbelievable!! We have a letter from a DL today - but not the response to the letter that we sent them, but a bill for £198 as apparently we are in arrears despite having a letter stating that the last payment was the August one.

 

We have had to phone them to sort that out and fortunately, it seems as if the situation has been rectified.

 

They have however confirmed that the letter arrived on the 27th July, so have not bothered to respond to that a full 5 weeks later!! The Wifelet will be on to Head Office tomorrow to see what she gets out of them. Any advice - I know they are notoriously a hard nut to crack but any do's and don'ts for this situation?

[geoff1248]

This is one of those cases that I would be tempted to let them sue you. Can you imagine the negative publicity etc. such a case would attract.

[Conniff]

Any advice - I know they are notoriously a hard nut to crack but any do's and don'ts for this situation?

 

As they seem to want to keep their terms and conditions a secret and haven't published anything on their site, I would love it if you could scan the terms and conditions and agreement that you have from them and paste them up here for scrutiny. Remove any personal id first.

 

I'm sure we will be able to pick some holes in it.

[Mad Gym Member]

Thanks for that I will post below this one the terms and conditions that we signed that I have put through my OCR. I have checked through it for mistakes but there may still be some left over.

[Mad Gym Member]

Terms and conditions of membership

Important points

1 Your membership is initially for 12 full calendar months (known as the 'initial term').

2 You must pay all membership fees annually in advance (in other words, every year for the year that follows).

3 If you choose to pay in monthly instalments, we will include a small extra premium in the amount you pay.

4 If you add someone to your membership as a linked member and you are still within you initial term, both you and your linked member will start a new membership and a new initial term will apply to both of you, starting on the date we add the linked member.

5 For the first six calendar months of your membership, you can use the facilities at any off David Lloyd Leisure club within the UK. You must pay half of the playing guest fee for each visit you make. After this six-month period, you can use the facilities at any David Lloyd Leisure club within the UK without making any extra payment.

6 Once your initial term has ended, you can suspend your membership for a single period between three and six months within any 12-month period by giving us at least one month's notice. These months must be consecutive (in a row) — you will not be able to suspend your membership for individual months. Throughout the time your membership is suspended, we will charge you £10 each month for each adult member.

7 We may review the subscriptions and fees we may charge. We will give you three months’ notice before we make any changes to these amounts.

8 If you need a replacement membership card, you will need to pay £10 for each new card we provide.

9 You can end your membership at the end of your initial term by giving us at least one month's notice in writing. This means that your minimum commitment is to pay for the first 12 full calendar months of your membership. At any time after the beginning of 12th calendar month of your membership, you can end your membership by giving at least three calendar months notice in writing.

10 You use the club facilities at your own risk. We recommend that you get medical advice before you begin doing any physical activity.

I have been given the terms and conditions of membership and have read and understood important points in this document. I accept that I have a duty to keep to the terms and conditions set out in the members' handbook.

Name(s) (please print):

Signature(s):

Membership number(s):

[Conniff]

Is that the lot - rather disappointing. I expected there to be some complicated things and bind you in things.

That all seems straight forward.

[andie_303]

Hi Mad Gym Member

 

Firstly for my sins I used to be a gym manager - not of this chain but a direct competitor so I know how this works.

David Lloyd is BS'ing you - they are able to cancel on individual basis and extenuating circumstances and with medical proof provided cancellations are accepted inside of the normal cancellation period.

 

I also have access to a direct email to some quite high ups in the DL chain - I obviously would not want to post these directly on forum as even though the company have behaved dispicably I would not want to stoop to their level but I will send them to you in a PM should you wish - this may be a way of getting some attention.

 

I would also be sending a letter direct to the CEO and should you feel the need to irritate them as much as they have you remember you can always find personal addresses of directors via company registrations

 

I am also about to write a letter to both Head Office and Cheshire Oaks branches outlining my thoughts about seeing this matter on a public forum and as someone that worked in this industry can certainly use the terminology they will understand and if nothing else it might get them to get into contact with you.

[Mad Gym Member]

[Mad Gym Member]

Thankyou for all your replies again!! Would much appreciate the letters that people have said that they would send!!

 

Second part of Terms & Conditions is now available as a picture. ** Actually, just realised that the system has shrunk it beyond recognition!! **

 

Will let you know how my wife gets on with them on the phone tomorrow!!

Edited September 3, 2009 by Mad Gym Member

[andie_303]

sent this to Scott Lloyd - hope it helps

 

Dear Mr Lloyd,

I am writing to you with regard to a thread I saw on an internet forum this evening that as a former health club manager myself has left me astounded by your companies poor behaviour and seeming inability to deal with a genuine complaint.

A member of your Cheshire Oaks club has felt the need to take a very private matter to a public forum in order to try and get some help as both the manager in situ and your head office have so far ignored an extremely serious matter save to send a demand for payment. I’m sure if you read the matter on the forum as I did you would be disgusted by this.

I am aware that there are contract periods for a reason, however, in my many years as a health club manager I also know that individual circumstances can be taken into account and a contract cancelled within the initial 12 month period. Whilst I realise that David Lloyd is a business I would hesitate anyone not to be moved by the story on this forum. Also as the member had to provide medical proof and a face to face explanation with your branch manager of such a devastating incident only to then be informed no cancellation is allowed. This is not only extremely poor customer service it borders on inhumanity.

In order for you to look in to this the address you need is http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/217753-david-lloyd-cancellation-issues.html

I would certainly hope that as this has now been brought to your attention you look into this manner and perhaps consider putting the needs of a family before those of mindless profiteering from such harrowing circumstances.

[Mad Gym Member]

Wow!! Thankyou!! Did you write this as an email or letter?

 

In fairness, the demand for payment was resolved very quickly and I think that the matter is done and dusted.

 

However, there are all sorts of bizarre phone calls that we have received from the branch since voicing our disgust at their dealings with the incident. For example, last week we had a phone call asking if we had anything planned for my son's birthday as they could organise a party for him!! Surely there would be a message on the system saying not to contact us?? Again, insensitivity!

 

The worst thing about this is that i can't tell anyone I know about it (except close and immediate family) as it also reveals the incident that we just want to leave behind us and unfortunately good ol' DL has become a stark reminder of it all and will always be associated with a very bad time in our lives when all humanity in the world seems to have deserted us. The police didn't want to know as she had been drinking and me (the stupid idiot) had left her on her own in the pub after a barney!!

 

Thankyou all once again for the excellent support that you have given us - it goes a long way to restoring my faith in humanity and that their are some genuinely good people out there!!

[Mad Gym Member]

The wife has just spoken to DL HO and they have said that they have sent an acknowledgement letter to our original letter today (!!!) The regional director Sally Hillman is personally looking at the case and will be getting hold of us within a couple of weeks.

 

This action has probably come about because we contacted them yesterday concerning the 'arrears' which have now been sorted, and my wife saying that she would be ringing to complain today!

 

Let's see what happens from here.

[andie_303]

Wow!! Thankyou!! Did you write this as an email or letter?

 

In fairness, the demand for payment was resolved very quickly and I think that the matter is done and dusted.

 

However, there are all sorts of bizarre phone calls that we have received from the branch since voicing our disgust at their dealings with the incident. For example, last week we had a phone call asking if we had anything planned for my son's birthday as they could organise a party for him!! Surely there would be a message on the system saying not to contact us?? Again, insensitivity!

 

The worst thing about this is that i can't tell anyone I know about it (except close and immediate family) as it also reveals the incident that we just want to leave behind us and unfortunately good ol' DL has become a stark reminder of it all and will always be associated with a very bad time in our lives when all humanity in the world seems to have deserted us. The police didn't want to know as she had been drinking and me (the stupid idiot) had left her on her own in the pub after a barney!!

 

Thankyou all once again for the excellent support that you have given us - it goes a long way to restoring my faith in humanity and that their are some genuinely good people out there!!

 

Hi there,

 

I covered both angles and sent it to his email and have put a copy in the post today - I don't expect a reply back though I wasn't shy about putting my name and address on it incase he felt the need to justify his companies actions - I'm sure he won't though.

 

I just hope it helps you - though I have no idea why it would take a regional manager a couple of weeks to look into this and contact you - in an instance like this she should have been on the phone immediately - they already have the medical report.

 

Keep in touch and let us know how it all goes.

[Mad Gym Member]

REceievd the letter today starting, replying to our 'recent correspondance'. Recent? Over 5 weeks ago!!

 

Anyway, it confirms that the Regional Director should be contacting us probably by the end of the week.

 

Thanks again everyone.

[Mad Gym Member]

Hmmm, no reponse as yet from the 'regional director' so 'probably by the end of the week' is out!! They really don't seem bothered!! Just as I thought we may be getting somewhere!!

[Mad Gym Member]

I AM FUMING!!

 

It is the same uncaring, unsympathetic rubbish that we have been hearing all along!! I will copy it immediately after this post!!

 

The letter also reminds us that our direct debit has been cancelled and please can we sort it out!! Well had she had investigated fully she would have realised that our membership had already been cancelled as of this month and that we are fully paid up and out of contract!! Don't know their backside from their elbow immediately leaps to mind!!

 

Is a solicitor the way to go from here? It's their continuing attitude towards this and 'wash their hands of it' nature that is really annoying us!! We are both really angry about this and making me want to pursue this for all it's worth.

[Mad Gym Member]

Our ref: MK/Cheshireoaks/10728560

ELLLESMERE PORT Cheshire,

10 September 2009

Dear Mrs

Thank you for your recent enquiry regarding your membership at the Cheshire Oaks David Lloyd Leisure club. Your feedback is very important to us and your concerns have been logged.

I have contacted Kate Acton, General Manager at the Club who has investigated the matter. Kate advises me that Joanne of the Membership Team had originally spoken with you about the cancellation of your membership and that you had advised her that you were wishing to cancel due to financial difficulties. I would like to clarify that we do only offer a complimentary suspension period on the basis of redundancy once we have received the relevant proof. Alternatively, for members who are experiencing financial difficulties, we do offer some flexibility and are able to offer a standard suspension of membership for up to 6 months (with 1 months notice) at a fee of 25% of the normal membership fee. Members are required to fulfil our standard cancellation policy and this ensures consistency and transparency amongst all members.

I understand that you have since met with Kate regarding a personal issue and forwarded Kate a copy of a GP letter. We have reviewed the doctor's note that has been provided, however we are unable to offer an immediate cancellation on the basis that has been given. We are sympathetic of your personal circumstances and are wishing to assist you as much as we can. In view of this, I understand that Kate has offered to suspend your part of the membership free of charge for an initial 3 month period with the possibility of reviewing this and extending this up to 6 months with relevant proof. We would only be able to apply this complimentary suspension to your side of the membership and this would mean that other associate members would remain active.

Please do not hesitate to contact Kate at the club on 0151 355 9050 if you do wish to take up this offer. If you wish to continue with the cancellation of your membership, we would require you to complete the 3 calendar months notice period in line with all other members and your membership will cancel on 1st December 2009. I have noticed that you have cancelled your direct debit so please do arrange to make any further payment to the Membership Team at your local Club.

Please be reassured of our best intentions at all times.

Yours sincerely

Sally Hillman

Regional Director