David Lloyds Cancellation Within 1st Year

[anglespangle]

Hi I've been reading the other posts on David Lloyds cancellation problems with interest.

 

Everyone I've read about so far has been a member for over 1 year so they come under the 3 month cancellation policy.

 

My issue is slightly different. I am still within the 1st year of membership but my chiropractor who has treated me for a back problem in the past agreed to write a letter to DL HQ saying that my back injury has returned and they have advised me to stop training until the problem is fixed.

 

I got a letter back from DL saying "tough" basically and saying that I'm bound into the contract 'til the end of the 1st year of membership.

 

I'm tempted to just cancel the DD with the bank and see what happens but obviously don't want to get into any trouble and don't want the chiro to get into trouble either.

 

Any suggestions?

Thanks

Edited June 25, 2011 by slick132
format

[slick132]

Hi Anglespangle and welcome to CAG

 

How much longer until the 12 month minimum term is up.

 

What does your contract say about cancellation in the event of injury or medical advice.

 

It may well be that your only option is to cancel the DD or they'll continue to take your money. There's little they can do, apart from post adverse markers on your credit records.

 

8-)

[anglespangle]

Hi, thanks for replying.

 

My 12 months expires in December - so a long way away!

 

My terms and conditions in the contract don't say anything about medical issues. When I wrote to DL HQ they just replied saying "tough" and referred me to the clause in the t's & c's saying I'm tied in for a year. This really doesn't seem fair though.

 

I'm in the process of buying a new house so I'm very scared that if I cancel my DD I'll be credit blacklisted and it will affect my mortgage application.

 

Any suggestions?

Thanks

[slick132]

Clearly the mortgage is your priority and you must do nothing that affects your credit files. This could stop you getting a mortgage or leave you on a higher interest rate.

 

When are you likely to have finalised your property purchase.

 

Can you confirm exactly what DL said in response to the letter which showed you should discontinue using the gym.

 

Edited June 25, 2011 by slick132
typo

[anglespangle]

Hi

 

My mortgage/move should all be completed early August.

 

Their letter said that because I am still within my first year of membership I must fulfil the year and I cannot cancel my membership within that time. That I joined in December 2010 so I will not be able to cancel until December 2011.

 

Someone told me that if you're unsatisfied with any service, you don't have to pay for it - ie. in a restaurant etc. Is that true? Because I could write a list as long as your arm of stuff I'm dissatisfied with at DL (number one being their t's & c's and lack of understanding in this matter -but also the fact that they are totally oversubscribed and the car park isn't nearly big enough - and there's no on street parking anywhere close etc etc).

 

Do you think I could try to get out of the membeship that way? But of course you're completely right about waiting until my mortgage is finalised.

 

Thanks - your help is greatly appreciated.

[slick132]

Hi AS,

 

I think it's too late to bring grievances about the gym (T&C's, Parking, etc) into your dispute.

 

But I do think they are completely out-of-order in refusing to acknowledge the professional opinion of a qualified chiropractor.

 

In your circumstances, I would write to DL's HO saying something like:-

 

Dear sir or madam,

 

I am angered by your intransigence whereby you insist that I pay for the gym up to the end of the initial contract period (December 2011), despite my sending you confirmation from my Chiropractor that I should not use the gym on medical grounds.

 

I now ask that you reconsider your position carefully and allow my membership to be terminated without financial penalty.

 

If you insist on taking further payments by Direct Debit, be aware that such payments are made by me under protest as I believe you are acting unreasonably and unfairly.

 

Accordingly, I shall make complaints to such bodies as I deem necessary (FOS, Trading Standards, etc) and I may also take action to reclaim payments taken by you after xxdate, which is 30 days after I confirmed my need to stop using the gym.

 

I hope you will reconsider my case and release me from the contract as requested.

 

Yours faithfully,

 

[anglespangle]

Hi Slick

DL took the monthly DD from my bank account today - completely ignoring my letter. They have never even acknowledged it.

Sadly I didn't post it recorded delivery so I have no proof of postage.

Where do I stand now?

Thanks

A

[slick132]

Hi AS,

 

Write to them again saying:-

 

You have failed to reply to my previous letter, a copy of which is enclosed.

 

I now require that you reply to my letter within 14 days.

 

If you fail to do so, I shall assume you are satisfied with the evidence I have supplied about being unable to use the gym on medical grounds. This being the case, I will cancel the DD mandate and expect to hear no more from you in the matter.

 

Send the letter by normal post but get a free Certificate of Posting from the PO when you send it. This will be sufficient to show that you sent the letter.

 

If they later say "We never received it", you can show it was sent but no need to mention that just now.

 

How's the mortgage process going?