David Lloyd Leisure, ARC and Trevor Munn - Please HELP!!!!!

[MrDan]

Hi I have had recent correspondance from a firm called Trevor Munn LLB Solicitors threatening me with Court action.

The claim is for a Gym membership I took out and had to cancel due to personal issues for which I had to leave the country. I didn't think about cancelling my gym membership immediatley but did so as soon as I remembered but have now incurred costs above £350. For the period they are trying to claim for I hadn't used the Gym once and am wondering if the gym can claim money for a service that was not used?

I find it difficult to understand what my position is on this matter but feel the claim may be unlawful after reading some reports on here which state that the companies in question are a group of cowboys.

I am unsure whether to offer them a payment plan detailing my incomings and outgoings and what I can afford to pay them.

I admit I shouldnt of been so stupid with my finances but was not thinking clearly at the time due to the personal problems I was facing. Any advice on this matter would be greatly appreciated.

 

Many Thanks in advance.

23r

[Conniff]

I think you are on sticky ground here. You had a contract with them, whether you used it or not is not their problem and by not contacting them with a reason and requesting cancellation, (your reason for cancellation may not even be covered in the contract), you have allowed the contract to continue so they are entitled to payment.

It makes no difference if they are a cowboy company or not.

[pcm9177]

I think you have had it due to the contract you signed , these large consortiums like david Lloyd dont care about your circumstances which i thinks is total crap they just want to take your money.

 

I hope you get the result you want.

[bobingaround]

my son is also being harassed by ARC and now T Munn,on behalf of David

Lloyds sports @ Ipswich.He signed a 3 MONTHS CONTRACT at £80 per month,but at the time thought the offer was £80 in TOTAL for 3 months membership.His first direct debit took out approx £80 plus a small joining fee,then when he realised his mistake wrote a letter giving notice to quit his membership(required 1 months notice) Because he then cancelled his direct debit David LLOYD have requested the £160 required for the outstanding 2 months of the contract.Whilst he argued over the clarity over the contract he signed(which he realises he is bound to)he first received letters from debt collector ARC and know their solicitor Trevor Nunn for an additional £130 when he as already informed them he will pay the amount he owes David LLOYD.The solicitors T Nunn have also threatened court action which I have informed them we will contest and asked them for a statement of why these charges have been added.I would greatly appreciate any help and guidance because we believe this case should have been better handled by D Lloyd

[Conniff]

my son is also being harassed by ARC and now T Munn,on behalf of David

Lloyds sports @ Ipswich.He signed a 3 MONTHS CONTRACT at £80 per month,but at the time thought the offer was £80 in TOTAL for 3 months membership.His first direct debit took out approx £80 plus a small joining fee,then when he realised his mistake wrote a letter giving notice to quit his membership(required 1 months notice) Because he then cancelled his direct debit David LLOYD have requested the £160 required for the outstanding 2 months of the contract.Whilst he argued over the clarity over the contract he signed(which he realises he is bound to)he first received letters from debt collector ARC and know their solicitor Trevor Nunn for an additional £130 when he as already informed them he will pay the amount he owes David LLOYD.The solicitors T Nunn have also threatened court action which I have informed them we will contest and asked them for a statement of why these charges have been added.I would greatly appreciate any help and guidance because we believe this case should have been better handled by D Lloyd

 

You can't be bound by something that was mis-sold.

[jimbean]

I am experiencing the same issues with David Lloyd, ARC and Trevor Munn. I had a membership with David Lloyd for several years. I was then posted overseas by work, initially for 12 months. During this time I suspended my membership at no cost. At the end of 12 months I was contacted by David Lloyd to ask if I wanted to restart my membership. I explained to them that I would be remaining overseas indefinitely and so asked for my membership to be cancelled. I have been contacted by David Lloyd, ARC and now Munn subsequently demanding payment of outstanding membership fees.

 

I have been told by David Lloyd that in the small print of the membership contract I signed several years ago was a clause which said that they are entitled to charge me a sum equal to 3 months membership fees if I wish to leave. Suspension of membership up to 12 months is apparently free.

 

My complaints against David Lloyd is that:

 

(1) this clause in the small print was not pointed out to be when I signed up;

 

(2) their membership department never mentioned a cancellation fee at the time:

 

(i) when I suspended my membership for 12 months; or

(ii) when I terminated my membership.

 

I have taken legal advice from a friend who is a solicitor and have been told that consumer protection legislation (Unfair Contract Terms Act 1977 and Unfair Terms in Consumer Contracts Regulations 1994) require that David Lloyd point out an onerous term such as the cancellation fee: it is not enough that the clause is hidden away in the lengthy contract because as an onerous term it should have been highlighted to me as a consumer.

 

I have put this argument to David Lloyd, ARC and Munn but continue to receive "snotty" emails and letters from them (fortunately not calls as they don't want to incur international call charges to reach me). The latest is a threat to issue proceedings in the Northamptonshire County Court. I have been incurring international call charges calling them to discuss! Today I have been told that despite the letter sent several weeks ago threatening court proceedings within 10 days of receipt of the letter, proceedings have been put on hold whilst I try to reach an amicable resolution with David Lloyd.

 

To top this off the sum demanded in each letter keeps increasing - no doubt to cover excessive charges by D Lloyd, ARC and Munn.

 

I am beginning to feel very aggrieved by what seems increasingly bullying tactics by David Lloyd, ARC and Munn. I've only had one letter from Munn so far but if he continues then I know there is the chance to make a complaint to the Law Society about their tactics. If anyone has any ideas about how I can seek redress against David Lloyd and ARC I'd be grateful to hear. At present I'm thinking of a way to publicise my unpleasant experience with David Lloyd to warn others how may be considering dealing with them.

Edited May 4, 2010 by jimbean

[MuQ]

Hi. I also have a problem with them. I have had signed contract for 12 months with david lloyd. After 14 months I called main DL about suspending my membership for one month(holiday). They said it's not a problem. But I couldn't reach anyone from my gym. I mean someone from finance dept. Finally after 2 weeks they call me back, telling me that I can suspend my membership for 3-6 months. And also that i need give them 1 month notice. But what I remember, on the document to suspend membership was something about 2 weeks notice but I'm not sure. So I canceled my direct debit and I haven't use gym any more. I was thinking, ok, I did my 12 months and I didn't signed a new contract. So goodbye. Now they want £607. Because when you want to leave, you need give them 3 months notice. No one told me that when I was signing my contract, like many other things. Any ideas what I should do? And sorry for my broken english:o

[David_lloyd_is_evil]

Having the exact same problems with David Lloyd, Arc Europe and Munn Solicitors.

I paid 12 months cash upfront (no direct debit) for what I was lead to believe was a 12 month fixed term. Then after 12 months they try to bill me for 3 months notice! An Outrageous underhand practice!

The Office of Fair Trading states that “rolling terms” are unfair and they have told David Lloyd before they need to reduce their notice period too. Most UK gyms are 1 month which they deem reasonable.

I am really keen to hear from people who posted in this chain back in Jan, Feb, May.

What was the outcome?... Do they go all the way to Court? ....Did you pay or are they still chasing , but no Court?...

I have written to the OFT, the Time Trouble Shooter & BBC Watch Dog about these unscrupulous practices.

Please I urge you all to do the same, as the more people that complain the more adverse publicity and the more likely something will get done about this company’s totally unreasonable & unfair Terms.

 

 

Contacts & Articles

Times TroubleShooter

[email protected]

 

David Lloyd won’t budge on gym switch - Times Online

BBC Watchdog

[email protected]

[Conniff]

There isn't a real requirement or argument for any notice. It's not like an employer who would have to find a replacement, they just thought up a way to rip people off.

 

Just pay the one month and tell them to stuff the rest. If they should be stupid enough to claim the other two months in a court, you will be armed with what the oft has said.

[fairness2010]

We have written to them DL, Arc & Munn and told them all they have no basis for their claim, their contract is unfair and does not meet OFT guidelines. Also wrote to BBC Watch Dog last night and Timestroubleshooter. Any others you can suggest?

Is there anyone out there who had a more detailed history of what Munn do next, if anything? Any of the Jan to March posters around? .... Im quite worried that all communication on this issue seems to dry up on the forum after the stage of non-payment where I am now. What happens next? Do they simply drop it and those with issue don’t come back with the ourcome? Is there a Legal Bar Website I can search to see if there are any actual Munn or D Lloyd court cases with an actual ourcome? Thanks

Edited July 20, 2010 by fairness2010

[srfrench]

Any news bud?

[fairness2010]

Yes, News seems to be they gave up chasing me- so far anyway (3mth+).They have no legal way of enforcing unfair contract terms like this.

They rely on the fact 80% of people will panic when they get the solicitors Munn letter after the Arc threat.

They really are a bunch of unprofessional bully boys.

They should concentrate on what they are supposed to be doing. Offering a professional sports and leisure service without the B*ll.

Write them a heavy handed letter and forget about their threats. Then advise others to cancel and join a proper outfit. Thanks for the post.

[srfrench]

Thanks for that bud.......fingers crossed.

[win girl]

I joined David Lloyd 2 months ago and just before i signed the contract I asked the member of staff with me; "if i want to cancel my membership i have to give one months notice in writing." the reply I was given was "yes just send us a letter with you membership number and reason". Last month I sent a letter and gave them one moths notice after the month had passed i stopped my DD, I then got a call from david lloyd and they said I can't cancel my membership, I then tried ot explain what i was told and all they said they would send me a copy of my contract. So my question is have I got a leg to stand on.

[slick132]

Hi WinGirl and welcome to CAG.

 

The above post has been answered on your own thread by Conniff.

 

Please don't multi-post or we end up with stuff all over the shop.

 

Thanks 8-)