David Lloyd probems.

[slick132]

Hi Vondoothoven,

 

Firstly, do not discuss this by phone any more and keep everything in writing only. That way, you have a clear papertrail which is important.

 

Secondly, ignore ARC for now. They are a powerless pain in the rear and there's nothing they can do to force you to pay in the way, or the amounts, that they demand. The admin fees they are trying to charge are simply penalties and they are unenforceable, despite what they'll try to tell you. If ARC call again, tell them to put anything they have to say in writing and then HANG UP !

 

Don't worry that you may have offered to pay by post-dated cheques - you've taken advice and, now you know your rights, you'll only pay them what you owe, in a manner that you can afford.

 

Thirdly, I'd like some info :-

 

1. What was the monthly m/ship fee.

 

2. When did the initial 12 month agreement expire.

 

3. When did you cancel the DD Mandate.

 

4. Did you, in fact, pay the first 12 months' fees as required, in full and on time.

 

I wouldn't worry with the local papers. The truth is that you've been caught out by the 3 month cancellation clause because you failed to read the T&C's about m/ship properly. You're not the first, nor will you be the last !!

 

[slick132]

Hi Von and thanks for the info above.

 

Regarding bailiffs turning up to seize your car, that's simply NOT going to happen.

 

Ok, so you paid the fees last year in one go and there was no DD mandate.

 

Ignore ARC and write to the gym saying:-

 

I have received demands from ARC seeking payment of £723.50 which I entirely dispute.

 

As you are aware, I called the David Lloyd head office on 15th November confirming my anger at the demand and my wish to cancel membership with immediate effect.

 

I am willing to pay you one month's fee for the notice period (about £50) but I will not pay the ridiculous amount demanded by ARC.

 

I will not pay you 3 month's notice fee The initial minimum membership period expired on 31st October and 3 months notice is not reasonable according to Mr Justice Kitchin in his ruling on The OFT -v- Ashbourne Management Services Ltd last year.

 

If you confirm the amount due for one month and you agree to accept that amount in full and final settlement of all sums due from me, I will arrange payment within 7 days of your letter.

 

If you fail to accept my offer within 14 days, it will be withdrawn and I shall assume you have let the matter drop.

 

See how they respond.

[slick132]

Hi Von,

 

Now my brain's hurting !!

 

I can see figures mentioned of £723.50, £602.90 and £70, but I have no idea how the amount of £241.18 comes into it all.

 

Anyway, amend my suggested letter as necessary and send it off to DL's HO address.

 

And, just to satisfy my curiosity, how does the amount of £241.18 fit into the equation ?

 

Please also post up a copy of the final letter to them.

 

[slick132]

Hi Von,

 

Sounds like their letter of 12th Dec'r was NOT a reply to your offer.

 

Wait for their next letter and see what they say about your offer to pay only one month's fee as cancellation notice.

 

[slick132]

Hi Von,

 

If ARC call again, tell them to put it in writing as this will always buy you a bit more time and peace !!

 

Ombudsman is not able to deal with gym matters and the OFT will only log your complaint - they can't and won't offer advice or intervention.

 

[slick132]

Dear sir or madam,

 

I refer to your letter of xxdate.

 

I made an offer to pay the gym £50.24 which, so far, they have failed to acknowledge, despite the fact that my offer was for a limited period of 14 days.

 

I therefore have no reason, nor the desire, to contact you as you suggest and I will ignore further communication from you.

 

Yours faithfully,

 

[slick132]

Hi Von,

 

I assume they refer to your offer to pay by post-dated cheques which you mentioned in your very first post above,

 

I see no reason to respond to ARC further as you've already made your position very clear in the letter in post #18.

 

[slick132]

Yes, funny how they've flipped it all around.

 

You've made your offer to the gym and they failed to accept it.

 

Tough on them, is what I say !

 

[slick132]

Keep the receipt safe in case it's needed later.

 

Otherwise, ignore them.

 

[slick132]

Although I'm inclined to ignore ARC's letter, I think a brief reply should be sent :-

 

Dear sir,

 

I refer to your letter of xxdate.

 

In my previous letter to you of xxdate, I made it very clear that this matter was in dispute with the David Lloyd gym, who failed to acknowledge my offer to them.

 

I look forward to receiving the Court Claim which I will vigorously defend. I have already told the gym I will rely upon the precedents set in the High Court by Mr Justice Kitchin in his ruling and Penal Order made against Ashbourne Management Services Ltd in 2011.

 

If you choose not to issue proceedings but, instead, continue to made demands for payment, I will make a formal complaint about your actions to the OFT without further warning.

 

Your faithfully,

 

No need for Rec'd Del'y on this.

 

[slick132]

No, I'd just send the letter on it's own.

 

You have no need to deal with ARC or prove anything to them.

 

If they are serious about preparing a court claim, let them do it and we'll deal with that as necessary.

 

If they fail to take the action they have threatened, that will speak volumes in itself.

 

[slick132]

Hi Von,

 

And there was us, expecting them to confirm court action was being taken because it's over 10 days from their last threat.

 

Ignore this completely - there's nothing you need add to what you've already told the gym and ARC.

 

Maybe the amounts differ because they are adding admin fees.

 

You made a reasonable offer and the gym failed to accept it. If they want to take this to court, you have every chance of success.

 

Let them stew ..............

Edited February 9, 2013 by slick132
typo

[slick132]

Thanks for replying to my PM.

 

You no longer have the m/ship agree't which I wanted to check.

 

If they persist with demands, I may ask you to request the agree't from the gym.

 

[slick132]

Hi Von,

 

Re your PM, you're absolutely right to ignore DL's text asking you to call a number urgently.

 

If they have anything to tell you, they'll have to write !!

 

[slick132]

Yawn...........

 

Issue court proceedings (which will be properly defended) or shut up !!

 

Just ignore............

[slick132]

I drew a blank when I used the link.

 

Can you check it and link again, thanks.

 

[slick132]

Write to the gym and copy to ARC saying:-

 

If you continue to plague me with repeated phone calls, a formal complaint for harassment will be lodged with the OFT.

 

ARC have already said that court proceedings will follow and I will defend such proceedings as necessary.

 

In the meantime, you must cease your campaign of calling.

 

I also reserve the right to take court action against DL seeking damages and costs for harassment.

 

[slick132]

If you want details of the OFT contact that I've been liaising with, let me know and I'll fwd to you by PM.

 

[slick132]

If it's already gone, leave it at that for now.

 

If they fail to acknowledge within 3 weeks, let me know and I'll send you the contact info to resend.

 

[slick132]

Hi Von,

 

In response to your PM, I've sent you the OFT contact details to file a complaint against DL and ARC for continued phone harassment when the matter remains in dispute.

 

Good to hear you're logging time and dates of all calls.

 

[slick132]

Hi Von,

 

'escalate this further' They mean take the complaint higher. Have you not come across this before ?

 

I suggest the following reply to the gym as an attempt to bring this to a close. It pains me to make the repeated offer but, if it gets ARC off your back, it's money well-spent IMHO.

 

Dear xxxxxxxxxxx,

 

I thank you for your letter of 25th February.

 

I wrote to you on XXdate and enclose a copy of that letter for ease of reference.

 

I offered to pay you one month's fee at the time and explained my reasons for making this offer. You chose to ignore my letter entirely and have continued to ignore me until I recently lodged a formal complaint with the OFT. My offer was made for 14 days only and was then withdrawn.

 

However, in an attempt to bring this sorry episode to a close, I will repeat my earlier offer of one month's fee in the sum of £xx.xx. This offer is valid for 14 days only. Accept and I will pay promptly.

 

Fail to accept and I will ignore communications from David Lloyd and ARC. Any further collection activity will be the subject of formal complaints to the OFT.

 

Yours sincerely,

 

[slick132]

Hi Von,

 

It's not really a second complaint - just an update of further action by the gym and/or admin company which you feel is unfair to you and that the OFT can note for their own purposes.

 

[slick132]

Hi Von,

 

In my opinion, no reply is required to this.

 

See what the delightful ARC come up with next ..................

 

[slick132]

Hi Von,

 

Are you certain this is about the DL m/ship.

 

I only ask because Scotcall are not normally used for gym debts.

 

Also, where would they have the old address from. How long ago did you move.

 

Depending on your replies, I'll advise on a response.

 

[slick132]

Reply to Scotcall saying :-

 

I refer to your letter of xxdate.

 

DL are aware of my new address as shown here above.

 

This matter is in clear dispute and, unless you want to be included in an official complaint to the OFT, you should cease making demands immediately.

 

If they turn up on your doorstep (unlikely), read this - http://www.consumeractiongroup.co.uk/forum/content.php?441-If-you-do-receive-a-doorstep-visit-we-give-these-suggestions-to-Members