Cancelling DL Membership before it begins? Have to pay for all 3 months?

[Plantbased]

Good evening,

 

I visited DL under 3 weeks ago, joined, was told December would be free and my payments would start in Jan (for a 3 month contract). I asked the sales person if there was a cooling off policy, he said if I hadn't used the facilities "it would be fine".

 

So, two cancelled inductions later (cancelled by DL) I cancelled. Turns out the "changing your mind" can only be done in 7 days after paying the joining fee. This isn't what the sales guy told me. It is on the back of the contract (DL pointed it out to me when I cancelled).

 

Is there anything I can do about this? I haven't used the gym, I am still under the free membership month. Not sure why they gave me December free though.

 

Or do I take a hard lesson in never believing sales people and reading everything before I sign it?

 

Thank you for any advice!

[slick132]

Hi Plantbased and welcome to CAG

 

If you have the time and inclination to challenge DL about this, I would do so. How much is at stake for the 3 months.

 

If they cancelled the inductions twice, that would not have inspired any confidence in the gym.

 

Also, if you were told by the staff member that you could cancel if you hadn't used the gym, you have an argument that you were led to make a decision that you may not have otherwise made. The CPUTR doesn't give you a legal cause of action but it does give you support that could be useful.

 

If you want to challenge them, you should cancel the DD mandate asap.

 

[Plantbased]

Hi!

Thank you for your welcome and your reply. That's exactly it, I was intending to have PT at the gym and the short notice cancellations for my induction didn't fill me with confidence.

 

I will have to pay £81.50 a month. A fair amount for something I will not be using.

 

I was wondering also if anyone knows if DL has different packages of memberships? I told the sales guy I wouldn't use the pool or need classes, yet on the generic cancellation email I received from DL they said "You may like to consider changing your membership package to a more suitable category to maximise your usage of the club." Just curious as I wasn't offered anything other than the price for a 3 month contract and the price for a 12 month contract.

 

I have already cancelled the DD. It was a bit reactionary of me following the 2nd cancellation, and I was wondering if that would make matters worse, but I am glad to see you have advised it.

 

If they insist I pay, and I don't, is it very likely I will get taken to court?

 

Thanks for your help.

[Conniff]

Did they give a reason for the cancellations ?

[Plantbased]

Hi,

 

 

No reason at all for the first one, just cancellation within a hour or so of my apt (which they have since emailed me to say they didn't cancel - but instead it was me who "no showed".)

 

 

2nd one was staff sickness. This was left on voicemail with a comment that the induction was cancelled (not that someone else would be taking it etc)... they also said to phone in and rebook.

 

The have emailed me saying the cooling off period is on the contract (it is, but I asked the question and took the answer with good faith), they say that I had access to the gym regardless of the cancelled appts (true, but I intended to use equipment that I hadn't used before, hence wanting the induction). And basically they won't cancel it as they (eta) say are not at fault.

Edited December 23, 2014 by Plantbased
Clarifying

[Conniff]

I would respond to that with "Don't you dare try and pass the buck on to me. I was mis-sold the subscription, given false information which enticed me to subscribe and the contract is ended by your failure".

 

 

Don't be afraid of them PB and don't take any notice. You could also end the above with 'there will be no further communication'.

 

 

Expect them to try for a bit longer and up the threats though.

 

 

No reason at all for the first one, just cancellation within a hour or so of my apt (which they have since emailed me to say they didn't cancel - but instead it was me who "no showed".)

Was that by phone or email ?

Edited December 23, 2014 by Conniff

[Plantbased]

Thank you very much.

 

I will send that brief note to them. Do I need to indicate that I already cancelled my DD?

 

 

Thanks again.

[Conniff]

Not really, if they don't already know, they will soon find out when they try and take it.

[Plantbased]

Ah OK, thank you

[Plantbased]

Sorry I missed your question - both cancellations by telephone, the 2nd one also confirmed by text by the person who was meant to be taking the induction.

[slick132]

Hi PB,

 

At over £80 per month, this is worth arguing.

 

If you haven't already written to them, I suggest you send a letter (not email) saying :-

 

I have cancelled the DD mandate direct with my bank for the following reasons :-

 

1. DL cancelled my induction appointments on 2 occasions which is not how I wished to be treated as a new member.

 

2. When I signed up, I specifically asked if there was a cooling off period. I was told by your staff representative that cancelling would be fine if I had not used the facilities. This is a clear breach of CPUTR legislation.

 

I will only deal with this matter by written letter.

 

Written letters will reduce the risk of a fast flurry of exchanges which could happen by email.

 

This will not affect your credit rating and the chance of them taking any court action is tiny, based on my experience here over the last 6+ years dealing with gym m/ships.

 

[Plantbased]

Hi Slick,

 

I did email them with the short reply as written by conniff, but the recipient is out of office until Jan 2015. So I will send a letter tomorrow. What does CPUTR stand for?

 

In your point 1, do I state they are wrong about the "no show" that they are claiming? Surely they have telephone records they can check.

 

Thank you (and Conniff) for your help. Especially as I have read so many similar threads on here - you never seem to tire of repeating this info! Very grateful, thanks!

[slick132]

Hi PB,

 

CPUTR = Consumer Protection From Unfair Trading Regulations 2008 - https://www.google.com/url?q=http://www.legislation.gov.uk/ukdsi/2008/9780110811574/contents&sa=U&ei=_P2ZVJjjOcfyUoumgqgL&ved=0CAUQFjAA&client=internal-uds-cse&usg=AFQjCNG48Wf2woNkfjqvvFGwh6Gjm6kxwA

 

See Section 5 (2).

 

Re their No Show, I would not go into that amount of detail. I would simply say what I put above, or your version of it.

 

[Plantbased]

Hi Slick,

 

 

Happy New Year!

 

 

Letter is the post.

 

 

They have contacted me via email 2 days ago to say they will add admin charges as I cancelled my DD!

[slick132]

Hi PB,

 

Do not reply to the email for now.

 

Wait for them to reply to your letter and let us know.

 

[Plantbased]

I haven't replied

 

 

I'll let you know what they come back with.

 

 

Thanks for your help!

[Plantbased]

Hi guys,

 

 

Hope 2015 has been going well!

 

 

Regarding DL - No response to my letter (it was delivered, I have proof of delivery). They have phoned my landline a couple of times (when I am at work...). I live with my Mum, she advised them to write to me. They didn't but they have emailed me again once (I didn't reply). I have had 3 lots of £70 added to the money they think I owe them, £70 for each DD they couldn't collect.

 

This morning ARC Europe called my landline and spoke to my Mum (who flaps, bless her), gave her his contact details and asked me to call him. I've searched ARC Europe on here, I don't think I am going to call them based on the other stories I have read.

 

So now they say I owe them £450.

 

Could someone advise me how to handle ARC Europe, please? I would really appreciate it.

 

Many thanks!

[slick132]

Hi PB,

 

ARC are a pain and, if they call YM again, she must tell them to keep everything in writing only or you or she will make a complaint about harassment.

 

Ignore ARC's request for you to contact them for now but keep us informed.

 

[Plantbased]

Thanks, Slick! I'll do that!

[Plantbased]

Hi Slick,

 

 

I received a letter from ARC Europe requesting full payment in 14 days or my account will be passed to a solicitor with instructions to prepare court proceedings.

 

 

They didn't make any further phone calls, just the one my Mum received.

 

 

They also say I can continue my membership if I call DL urgently... erm.... thank you, but no.

Edited April 15, 2015 by Plantbased
spelling mistake that changed the context of my post.

[slick132]

Ignore ARC for now but let us know if you hear from their pet solicitor.

 

We'll assist in seeing them off as best we can.

 

[Plantbased]

Will do, thanks

[Plantbased]

Hi Slick,

 

Received a letter from their solicitor... what do I do now? Help:|

 

Thank you.

[slick132]

What does it say roughly and who's it from ?

 

[Plantbased]

Hi Slick,

 

 

It's from Major Law Solicitors (www.majorlaw.co.uk).

 

 

"Dear Plantbased,

 

We act for David Lloyd Leisure and have been instructed to contact you for recovery of the above debt which we understand is still outstanding. We have been referred to previous correspondence sent to you by ARC (Europe) Limited and are not aware of any reason as to why payment is not due.

 

 

A County Court Claim has now been prepared and is ready to be issued against you in Northampton County Court. The following costs will be added upon issue:

 

 

Debt Balance: £396.00

Court Fee £35.00

Solicitors Costs £50.00

Annual Interest (to be adjusted pro rata) £31.68

TOTAL £512.68

 

 

As you can see the issue of Court Proceedings will mean that the amount you owe our client will increase by £116.68

 

 

You are required to send a payment today. Please call our client's agent, ARC (Europe) Ltd, directly on their Legal Help Line 01932 251040 and ask for the Legal Manager, Martin Wicks (they will also accept your payment over the phone by Debit or Credit Card). For full details of how to pay ARC, visit their website at www.arceuropeltd.co.uk

 

You may want to seek independent legal advice or advice from a debt counsellor or the Citizens Advice Bureau or similar organisation on this matter.

 

 

IF YOU IGNORE THIS LETTER WE MAY PROCEED TO ISSUE THE CLAIM IN 14 DAYS TIME AND WITHOUT FURTHER NOTICE"

 

 

 

 

ARC Europe still call everyday, they started calling at 8am now.

 

 

Thanks for your help!