david lloyd membership

[macm00n]

I am afraid I am another who has fallen foul of David Llyod !

 

I had a 18-20 membership option that ran for 3 months, this was taken out in sept 2012.

 

In sept 2013 i moved from home to university. I wrote to DL to cancel my membership in Oct of 2013, giving them the one months notice, set out in my contract.

 

I returned home for christmas, cancelled my DD debit, believing that this had all been dealt with.

 

I am now in receipt of a letter from a solicitor.. Major and Co threatening court action for the sum of £254.97

 

can anyone advise how I should deal with this, I would be so very grateful.

[slick132]

Hi mac and welcome to CAG

 

1. What date did you write to DL in Oct 2013

 

2. Do you have a copy of that letter.

 

3. Was it sent to your local gym or to DL's Head Office.

 

4. Did you confirm that you were cancelling due to relocation as you were off to Uni.

 

5. Is there no DL gym close enough to your Uni for you to use if you wanted.

 

Reply to Major & Co saying

 

I refer to your letter of xxdate threatening court action about a gym membership agreement.

 

This matter is in clear dispute with the gym as I cancelled the membership due to a change in circumstances.

 

I do not expect to hear from you again in this matter, until the gym has resolved outstanding issues.

 

If you send any more threatening letters, I will make formal complaints to The OFT and/or The SRA as necessary.

 

When you answer my Q's, we can advise how to deal with the gym.

 

[macm00n]

Hi slick132

 

Many thanks for your reply..

 

I will get onto the letter to Major and Co, thanks I was really unsure how to approach them.

OK your questions around DL .....

 

1. What date did you write to DL in Oct 2013

- The letter is dated the 1st October 2013

 

2. Do you have a copy of that letter.

- Yes i have a saved copy of the letter on my computer

 

3. Was it sent to your local gym or to DL's Head Office.

- The letter was sent to my local gym as per their advice. I had spoken to them personally at the gym and they had informed me they needed a letter sent to them to cancel the membership.

 

4. Did you confirm that you were cancelling due to relocation as you were off to Uni.

- I did indeed tell them both verbally and in the letter sent, that i was relocating some 400miles from my home and thus the gym, for university

 

5. Is there no DL gym close enough to your Uni for you to use if you wanted.

- no there is no DL gym in the city I'm studying in. The nearest DL gyms are 40 and 50miles away respectively.

 

I hope this helps... All the correspondence around this has been going to my parents address, and as I'm too far away to go home regularly, I have only just picked up that there was a problem.

 

Just a quick question... the letter from Major and Co was sent at the beginning of this month, am I too late to respond??

[slick132]

Hi Mac and thanks for the info.

 

Send the letter to Major & Co as suggested. It doesn't matter that it's later than you may have wanted but, with you now being at Uni, that's just how it is.

 

DL may argue that you had to give 3 month's notice to cancel but I would argue that this is unfair according to the The OFT's stance re gym m/ships. Give DL your current address so you can deal with any letters promptly.

 

Letter to DL's Head Office :-

 

Dear sir or madam,

 

I refer to my membership at xxxxxxx gym which started in September 2012.

 

Due to relocation to attend university, I am now 400 miles from the original gym and over 40 miles from the nearest gym to my new address, which is as shown above.

 

I gave the gym verbal notice to cancel and was told I had to confirm this in writing. I now know that the verbal cancellation was adequate according to the High Court case of The OFT v Ashbourne Mgt Services Ltd in 2011.

 

In any event, my letter to the gym of 1st October 2013 confirmed my relocation and cancellation. I paid a further month's fee by DD on xxdate and cancelled the DD mandate in December 2013.

 

In the circumstances, you must stop making demands in this matter as I owe you nothing more. You must also tell Major & Co to stop contacting me.

 

Further demands may be referred to The OFT as a formal complaint.

 

Yours faithfully,