David Lloyd want to auto-renew my 12 month gym agreement

[Trav21]

Oh I do like your style, thanks for that BB and Slick

 

I will use option (1) Slick and also complain to the OFT and TS BB.

 

Thank you for the support and I'll let you know how I get on.

 

Hi Denis99, I am currently in exactly the same position that you were in last March having just received the letter from Major Law threatening court action.

 

I also paid 1 years membership up front for my wife, daughter and I and I was very much verbally sold this as a twelve months term. I have offered to pay 1 month extra but they have not accepted this offer.

 

I would be very grateful to hear the outcome at your end which will help me decide how to proceed. Thanks!

[Trav21]

Sorry *Denise99

[Bazooka Boo]

Trav21 if you start your own thread then others will be able to see it.

[dx100uk]

start a new thread

 

 

dx

[Trav21]

Ok thanks I will do.

[slick132]

Hi Trav,

 

You now have your own thread here to avoid hijack of Denise's thread on which you posted - http://www.consumeractiongroup.co.uk/forum/showthread.php?418674-Gym-membership-cancellation-and-now-court-threats&p=4480786&viewfull=1#post4480786

 

Please let us know :-

 

1. What gym this is for and what Admin Co (if any) runs the admin for the gym.

 

2. Are you now being chased for a 2nd full years' fees for your and your family.

 

3. Approx how much are they demanding, just in m/ship fees.

 

4. Approx how much are they demanding in penalty chgs on top.

 

Edited January 8, 2015 by slick132
correct link added

[Trav21]

Hi everyone I was hoping for some help with a problem I am currently facing regarding my David Lloyd membership cancellation.

 

I joined the gym with my wife and 4 year old daughter and paid for 1 years membership up front. My wife was pregnant at the time of joining and we had a detailed conversation with the salesman explaining that we might not get the opportunity to use the facilities much and therefore it is likely we will only take one years membership. The package was verbally sold to us as a 12 month term and there was never any mention about a 3 month written notice period.

 

After our 12 months were up my wife started to receive persistent phone calls from a third party to renew the membership. These calls were ignored as we did not want to renew.

 

My wife then called the gym to request the calls to stop and she was informed that our membership was still active. Due to this phone call my wife e mailed them stating she does not want our membership to continue. David Lloyd accepted this e mail as written notice which means they are trying to charge us for 4 months membership on top of the 12 months which we have paid for.

 

They very quickly passed the case to ARC. I spoke and wrote to David Lloyd's customer relations manager several times requesting to speak to the general manager but she persistently refused. Instead I had to contact him via e mail through her. I sent a lengthy e mail stating that I had been mis-sold the membership in the first instance. I also quoted an e mail to my wife signed by the general manager which we received about 10 months into our membership which was very misleading. The e mail urged us to contact David Lloyd if we wished to renew our membership and if we were thinking of leaving we should contact them so they can try and work out a way for us to stay. No mention of a requirement to contact them to terminate. I ended the e mail by offering to pay 1 months membership in an attempt to close the account.

 

The general manager replied refusing the offer and telling me to continue dealing with ARC.

 

We have now received a letter from Major Law Solicitors threatening legal action. Brilliant.

 

Can anyone offer an advice on how to proceed. It would be particularly helpful to hear if anyone has actually been taken to court by these people or been left alone post threat.

 

I think I have been deliberately mislead which is extremely frustrating. I would be happy to go to court however I am cautious because it appears David Lloyd have had their contracts approved by the OFT in 2012 which may leave me with little ground to stand on.

 

Again any advice would be much appreciated. Thanks.

Edited January 6, 2015 by Trav21

[Trav21]

Hi Slick, I have just posted a new thread before reading your message. To summarise it is David Lloyd and their merry men and they are chasing 4 months membership fees, one late fee charge and a debt collector fee totalling around £650. Please read my new thread and let me know your thoughts. I have tried to be brief but am more than happy to give you any further info that you may require.

[Trav21]

The amount being chased is £650. £70 is ARC's fee and I think about £60 is a late payment fee and the remainder is for 4 months membership.

[gregs07]

Don't panic google arc total [removed] .

 

 

Would have to be a lot for them to consider taking you to court.

 

 

You've got a complete defence paid for 12 months, left when contract ended.

 

I've got the same problem cancelled giving 6 weeks notice DL state I didn't give any notice.

 

 

I videoed my handing cancellation in. They lie!!

 

 

Just trying to squeeze more cash from you.

 

 

Bet there's a collection charge too?

Edited January 7, 2015 by dx100uk
behave - dx

[slick132]

Hi Trav,

 

Your 3 posts above have now been merged into your thread here in the gym forum.

 

Do not worry about the demands from ARC and/or Major Law Sol'rs. They just spout hot air.

 

Give me a bit of time and I'll reply fully to the info you've given.

 

[slick132]

Hi Trav,

 

In post #9 here, I suggested a possible letter addressing the issues of auto-renewal and DL's nasty requirement for 3 months' notice - http://www.consumeractiongroup.co.uk/forum/showthread.php?418674-Gym-membership-cancellation-and-now-court-threats&p=4482315&viewfull=1#post4482315 - You could adapt and use this.

 

Don't bother writing to the gym. They will not be interested. Do not reply to Major Sol'rs either.

 

Keep your letter to ARC as short as possible but include :-

 

"I will not be paying any admin fees added by ARC or anyone else. These are both unlawful and unenforceable.

 

I dispute owing, and will not pay, any further amounts in respect of this gym agreement. If you insist on pursuing this matter or use Major Solicitors to pester me, a formal complaint will be made to Trading Standards."

 

[Trav21]

Hi Slick, thanks for the quick reply. That's great I will write to ARC and will keep it short.

 

I did offer to pay 1 months fees without admitting liability in a an attempt to settle this with the general manager at DL. Do you think I should mention this in my ARC letter and even maybe make this payment? Thanks.

[Trav21]

@ Gregs - Unbelievable mate. Is yours still an ongoing issue? Are you just ignoring them now? I can't believe they are perusing you even although you have video evidence!

Edited January 7, 2015 by slick132

[slick132]

Hi Trav,

 

You can briefly mention that you offered to pay one month's fee. You could even repeat the offer but make it for a limited time of 14 days, after which it will be withdrawn.

 

[Trav21]

Hi Trav,

 

You can briefly mention that you offered to pay one month's fee. You could even repeat the offer but make it for a limited time of 14 days, after which it will be withdrawn.

 

 

That sounds like a great idea. I'll get it done in the next few days and post a copy of it here.

 

Also ARC phoned me tonight. I said I'm only going to communicate in writing now and asked for their address. He said he will put the account on hold until they receive my letter. So much for the solicitor's 14 days or it will go to court!

 

Thanks again . I'll post my letter shortly.

Edited January 7, 2015 by Trav21

[Trav21]

Hi Trav,

 

You can briefly mention that you offered to pay one month's fee. You could even repeat the offer but make it for a limited time of 14 days, after which it will be withdrawn.

 

 

Hi, sorry for my delayed update on this.

 

I e mailed the following letter to ARC from my wife's e mail address as the account is in her name on the 19th January and I have not heard anything back yet so fingers crossed, so far so good:

 

Dear xxx,

 

I refer to your e mail below and a letter from Major Law Solicitors dated 2nd January 2015. This matter is in clear dispute and you must stop making further demands, or causing a third party to do so.

 

I will not be paying the amounts demanded by you for the reasons set out in my husband’s e mail to the gym manager, Mr xxx dated 1st December 2014. In it, I offered to pay one final months' fees for cancellation notice.

 

I now repeat this offer and will pay you £141.70 in full settlement of all sums due under this gym agreement. Accept my offer within 14 days and I will pay you promptly. However, if you fail to accept within 14 days or you demand more, my offer will be withdrawn and I'll pay you nothing more.

 

The OFT have agreed with major gym companies that they should not misrepresent their membership agreements. In particular, The OFT stated that gyms should not describe membership as being of a fixed duration, if the contract automatically continues on a rolling basis after the initial membership period has expired.

 

CPUTR 2008 also offers protection where consumers are given misleading advice but I need not expand on this for now.

 

I had no wish to continue the gym agreement after the 12 months was over. Also, the imposition of a 3 month notice period is unfair to me as a consumer.

 

The addition of admin fees, etc is unfair as these are effectively penalties and they are not enforceable at law.

 

I suggest you accept this final offer and desist from making any further demands. If you make any further demands, I will make a formal complaint to The OFT without further warning.

 

Regards,Mrs xxx

 

Thank you very much for your help with the above Slick.

 

My wife also wrote to our local MP regarding this and he wrote a letter to David Lloyd. He said he recieves a lot of letters regarding the same issue. He said he would inform us of a response but we have not heard anything back yet so I am assuming David Lloyd did not respond to him.

 

I will post any further communication however hopefully this will be the last you hear from me!

Edited February 11, 2015 by slick132
Spacing used to make post readable

[slick132]

Hi Trav and thanks for the update.

 

I've edited your post above using paragraph spacing so it's easier to read.

 

As they've failed to accept your offer or respond at all, I would now treat the offer as withdrawn.

 

Keep us updated.

 

[Trav21]

Hi Trav and thanks for the update.

 

I've edited your post above using paragraph spacing so it's easier to read.

 

As they've failed to accept your offer or respond at all, I would now treat the offer as withdrawn.

 

Keep us updated.

 

 

Thanks mate. I did originally put spacing in it so I'm not sure what happened there.

 

The payment offer has well and truly been withdrawn now. Cheers.

[slick132]

No probs.

 

The formatting sometimes suffers, depending on what device you use to post here.

 

[sunny2good]

I am in the same situation and need some help. I want to continue my membership but wife wants to cancel hers. She is being asked to pay for the next 3 months. They keep telling me its in the contract but we never got a contract when we renewed last year. Very keen to find out how Trav21, Denise99 or anyone else in a similar situation got on.

 

Thanks

 

Sunny

[dx100uk]

I am in the same situation and need some help. I want to continue my membership but wife wants to cancel hers. She is being asked to pay for the next 3 months. They keep telling me its in the contract but we never got a contract when we renewed last year. Very keen to find out how Trav21, Denise99 or anyone else in a similar situation got on.

 

Thanks

 

Sunny

 

 

best you start a new thread

of your own

 

 

dx

[slick132]

Sunny has a new thread now - http://www.consumeractiongroup.co.uk/forum/showthread.php?453247-David-lloyd-want-to-auto-renew-my-membership