David Lloyd won't let me cancel after homophobic bullying on my first visit :( Help!

[andyj2179]

Hi guys,

 

Need bit of advice if anyone can suggest what I should do or if I am already going along the right tracks!

 

I joined my local David Lloyd Gym on 17 April 10 and went the following evening to go swimming. Basically I was subjected to homophobic bullying by two other members - they were making offensive homophobic comments about me loudly so I could hear. I was extremely upset and mortified as you can imagine!

 

When I got home I immediately called the gym and spoke to the duty manager who was sympathetic and said he would speak to the general manager in the morning and call me back. I made it clear that I wanted to cancel immediately as I had only just joined the previous day.

 

To cut a long story short - my complaint has been dealt with by the gym sales manager and she is refusing to cancel the membership and says she has also confirmed this with the general manager. She offered me free stuff but I made it clear I just want to cancel as I don't feel safe or comfortable ever going back (which I think is reasonable). She also said I should have complained to the life guard on duty and they can't do much about it now - I explained I was so shocked I didn't know what to do and just wanted to get out!

 

Seems they only bothered about keeping a membership by sounds of it.

 

I've made it clear I want to escalate it further and I've been told to write in to the general manager ( I was also told it wouldn't make a difference though!).

 

I'd be grateful for any advice please....it's an unusual/sensitive case I know!

 

Thanks

[pokinthruboxers]

It seems to me that they have adopted a very glib approach to a serious complaint.

Firstly I would suggest by the date this occured ,you are well within the 'right to cancel' period and would remind them of this.

Secondly tell them that homophobic bullying is no longer tolerated in a civilised society and that you will not waste time with them but will go to a higher authority for an adjudication....

Try this link for advice: stonewall.org.uk

[andyj2179]

They've told me that there is no 'cooling off' period for the contract and it was done at the gym so wouldn't be covered under any distance selling regulations. Would I have any rights to cancel within a certain period under any other laws or regulations? Is there anything in contract law that would apply?

 

I'll have a look at stonewall site, thanks very much

[pokinthruboxers]

Can I ask how you are paying for membership? Is it on a 'service' basis directly to the gym or do you pay it by DD to an intermediary?

[andyj2179]

I've paid an amount up from to cover membership until the end of April and then direct debits will commence from 1st May and continue there after on the first of each month. I'm not sure if it goes directly to the club of an intermediary though and as I've only joined the other day the direct debit isn't yet in place with my bank.

[pokinthruboxers]

Did they give you a contract?

 

Also, I would be certain to emphasise that you are now extremely reluctant to take up membership because of this homophobic bullying you have encountered. It seems to be the focus of obtaining your eventual release from said contract...Therefore I would be seeking advice from independant sources. I would certainly contact these: EHRC - Sex discrimination as a consumer

[andyj2179]

Yeah I signed up to a 12 month contract and I have a copy of the t and c's but there's nothing in there that would cover this type of situation. The only thing it mentions is that they won't tolerate abusive behavior by members and they will ban any members found to be abusive but it doesn't say anything about being able to cancel if you're not happy because of this.

 

I've just typed up a long complaint letter and I'm going to send it to their head office rather than the gym manager as I've had no joy complaining directly to the gym. Will see what comes back I guess!

 

I'll def check out that site though and have also spoke to stonewall now and they advised to follow the complaints procedure in place and to also consider logging the incident with the police as it is a homophobic hate incident.

[pokinthruboxers]

Good idea. Get a record of the complaint from the police and take that along with you...also copy to David LLoyd Head Office....I know it may seem excessive but if you become a nuisance to them...or a 'legal case', they may consider it wiser to release you from this contract.

[andyj2179]

Yeah good thinking! Thanks for all your advice. Will post with outcome

[pokinthruboxers]

Good luck with it....

[vapour]

I would also get in touch with their PR agent

 

Promote PR Ltd

Copthall House

St Ives Road

Maidenhead

Berkshire

SL6 1QS

Phone: 01628 630363

 

Tell them you are writing an article about how you have been a victim of a hate crime in the gym and that you want a statement from them about why you are being asked to pay to be a member of a private club that you cannot face returning to. Tell them your story will be sent to all the gay press as well as all national and local papers and radio stations. Tell them that you are starting a facebook page and twitter account dedicated to this crime on their premises and want to feature their official statement. Tell them that you would rather have put the matter behind you but their refusal to allow you to leave is forcing you to alert others to how you are being treated.

[pokinthruboxers]

LOL!!

 

Evil genius!

 

Vapour..I Like you!!

[andyj2179]

Lol yeah I like this too!

 

I'll wait and see how they respond to my head office letter first before I get tough. Have sent letter with my membership card and all vouchers they gave me by recorded mail.

[vapour]

Good luck and be sure to come back and update us!

 

[andyj2179]

Latest update - head office passed my complaint back to the general manager of the gym and he still will not cancel my membership. I have now asked that this be formally escalated....I have also found the names of the CEO (Scott Lloyd) and Managing Director (Nick Blackhouse) for David Lloyd and emailed them in the hope that they will act on the matter...here's hoping someone has some ounce of compassion there!

[Melbel]

My Gym contract was covered with the two week cooling off period so i dont know how theirs doesnt.. although they didnt tell me that and it wasnt in the T&Cs, i found out because a friend of mine who joined when i did, cancelled the next day.. they just gave her a cancellation form to fill out