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

[slick132]

Hi PB,

 

I would reply to the letter from Major Law as follows :-

 

I refer to your letter of xxdate.

 

David Lloyd have failed to answer or even acknowledge my letter sent to them dated xxth January.

 

Accordingly, David Lloyd had no right to instruct ARC Europe, or Major Law and have breached OFT Debt Collection Guidelines by doing so.

 

If you make any further payment demands or threats, I will make formal complaints to the appropriate regulatory bodies.

 

That should do for now.

 

[slick132]

Also, have you kept, or can you compile, a log of all contacts from the gym and/or ARC.

 

Let us know how many times ARC have contacted you as there may be grounds to complain of harassment.

 

[Plantbased]

Thanks Slick - I have put exactly what you said and left it at that.

 

I have a record of the emails (1 from DL debt collection and 2 from ARC), the phone calls I don't have the dates or times for. On occasion the calls have been an automated voice asking "Are you Plantbased? Press 1 for Yes, Press 2 for No" (or similar)... my mum just hangs up, but we also get some silent calls which I think may be the same auto dialer, but I can't say for certain. I can ask her how many calls she and my younger brother think they have received in total, but we didn't record dates

 

 

Thanks for your help.

[slick132]

Noted.

 

From now on, make sure a log is kept of every contact from ARC, in case a complaint is needed later.

 

[Plantbased]

Will do! Thank you.

 

What happens next? They say they will proceed to issue the claim without further notice if I don't pay. This makes me worried.

[slick132]

What happens next? They say they will proceed to issue the claim without further notice if I don't pay. This makes me worried.

 

That's what they WANT you to think but it's NOT what they said.

 

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

 

In other words, they MAY start court action, or they MAY NOT.

 

Only time will tell but I reckon the chance of them taking court action after 14 days is minimal.

 

[Plantbased]

Thanks Slick. I will come back when I hear something (or nothing!)

[Plantbased]

Hi Slick,

 

 

An update following the letter I sent to Majorlaw on your advice... yesterday I received this from them:

 

 

"Dear PlantBased,

 

 

Thank you for your later dated 12 May 2015.

 

 

We wrote to you in good faith and on the instructions of our client who advised us that a payment was due. The contents of your letter are noted however and we have referred the matter back to them for instructions.

 

 

We will only write again if instructed to do so.

 

 

Yours Faithfully,

 

 

Majorlaw Limited"

 

I will wait for whatever happens next. I haven't had a phone call for a few days now.

 

Thanks for your help

 

 

PB

[Plantbased]

Hi Slick,

 

ARC Europe sent me a letter:

 

"RE: David Lloyd Leisure

Account no: xxxxx

Balance: £396.00

 

Dear Plantbased,

 

 

We are writing in response to your recent correspondence sent to our solicitors, Marorlaw Ltd.

 

 

We act in good faith on the instructions received from our client, David Lloyd Leisure. We are unaware of an outstanding dispute on this account.

 

 

We remain instructed that the above balance is outstanding and must be paid as you did not cancel your membership in accordance with the agreed Terms and Conditions. You are required to provide three month's notice to cancel as per the Terms and Conditions. The balance on this account represents one month arrears (£81.50), three month's notice (£81.50 per month), plus an administration fee due to no payment (£70.00). Please provide proof of receipt from the Royal Mail confirming delivery of your notice to cancel or a letter / receipt from our client acknowledging your notice to cancel. Unfortunately a copy of your cancellation letter is not sufficient proof that you provided notice to cancel to our client.

 

 

We appreciate that this is not the outcome you were hoping for, however our client has confirmed that they have to remain consistent with all members and process cancellations in accordance with the Terms and Conditions.

 

In order to settle this matter our client has agreed to reduce the administration fee to £20.00. Please be advised that this offer to accept £346.00 in full and final settlement to close your account is made as a gesture of goodwill and on the condition that payment is received within the next 10 days.

 

(then some details on how to pay)

 

We have placed your account on hold for 14 days pending your proof of payment in settlement. However, if we do not receive this, we will be required to pass this account back to our solicitors Marjorlaw Ltd for further action to seek to recover the balance of £396.00"

 

I don't think my contract said 3 months notice to cancel as it was a 3 month contract itself that went on to a month by month payment with one month's notice to cancel (but I need to check this). I don't understand the 1 month arrears part.

 

How should I proceed? This later is dated 22/05/2015 - I've just returned from being away, so my time limit is up.

 

Thanks for your help

[slick132]

Hi PB,

 

What date did you send the letter I posted in post #11 ?

 

I'd reply to ARC as follows:-

 

I refer to your letter of xxdate.

 

DLL are aware of the unresolved dispute and my letter to them of xxth December/January refers.

 

If you contact me again making any payment demand, I'll make a formal complaint to the relevant authorities without further warning.

 

After this, I would probably ignore further comm's from them, but keep us informed.

 

[Plantbased]

Hi Slick,

 

 

I posted the letter to DL on 4th Jan 2015 - however this wasn't the cancellation, the letter said:

 

 

"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."

 

 

 

I do have proof of delivery for that letter.

 

 

I sent my cancellation by email. I spoke to the receptionist on 13/12/2014 to cancel, she told me I had to email, which I did on 14/12/2014 and then again on the 15/12/2014 to an email address given to me by DL on Facebook after I complained on their page.

 

Based on the above, should I proceed with the letter - should I send them the proof of delivery for the letter?

 

Thanks for your help, I was just browsing the other DL complaints... there are so many, and you guys have a lot of patience for the same story over and over - thank you!

[slick132]

Hi PB,

 

Yes, I know that wasn't the cancellation letter.

 

Send the letter in post #35 and keep us informed.

 

We are looking at ways to take complaints further so we can try and influence either Trading Standards and/or the CMA to take action about unfair gym m/ship T&C's and the behaviour of the admin companies and DCA's.

 

[Plantbased]

Hi Slick,

 

 

Thanks, will do. I'll let you know what happens next.

 

Thanks for your help!

 

 

PB

[Plantbased]

Hi Slick,

Just thought I'd let you know I haven't heard a single thing since sending the letter in post #35 No phone calls either. Hopefully they have given up. Thanks for all your help.