David Lloyd/debt collector for not cancelling properly?

[amyajb]

This is the first time I've posted on a forum, thanks in advance for any help I'll really appreciate it.

 

Last January I paid David Lloyd up front for a 12 month membership. I was of course tied in because I'd paid up front. I did use it for first six months and not much for second six months. I always knew I wouldn't renew because it was a one off opportunity because I had money available. I thought 12 months, done the time, won't renew.

 

Late last year I started to get emails to remind me I could renew along these lines:

 

Dear Ms Barker,

 

Membership Number: xxxxx

 

Just to let you know that you can pay your membership fees:-

 

Online with a debit or credit card by going to the website xxxxxxx and following the instructions on screen.

Via our Automated Payment System with a debit or credit card, by calling 0207 048 7438 (you will need your membership number).

If you wish to take advantage of either of these services your current membership fee of £891.00 is due for your membership at Newcastle.

 

Both the online payments service and the automated payment service will only be available to you for the above payment until midnight on the last day of this month.

 

Of course, if you have recently sent payment please ignore this email.

 

Yours Sincerely

 

Stephen Empson

Group Central Membership Manager

 

In January I got texts and phone messages- pretty constant while I was at work- asking me to contact them to renew my membership. As I didn't want to renew I didn't call them just allowed it to lapse and moved on to using a local pool.

 

Nothing once we got to February. Then today an email from ARC Collections asking me to contact them. I emailed them back to say why are you contacting me, I have no interest in renewing. Then I googled it and realised from other people's problems that they will be expecting 3 months notice and now admin fees.

 

Am absolutely desperate, I can't afford this and I don't know what to do. Am also outraged because DL never gave me a moment of indication what they were expecting in calls, emails and texts. Not even a hint. I feel this is set up to ensure people who pay up front fall into this trap. They should contact people in advance and remind about the notice period.

 

I just didn't realise. And now am in trouble. I haven't done anything else yet because I don't know what best to do. Would be so, so grateful for advice.

Thanks so much

[renegadeimp]

dont worry. Debt collectors have no legal rights. Just ignore them.

[amyajb]

Thanks Renegadeimp for your cheery message! Can't they send the bailiffs though?

[renegadeimp]

Bailiffs will NEVER become involved for this. Where did you get the idea they would? Sit tight and more advice will be here.

[citizenB]

Thanks Renegadeimp for your cheery message! Can't they send the bailiffs though?

 

Nope, they cant sell your first born either.

 

Their reminder letters imply that "if you want to continue with membership you are to contact them" which as you didn't, must also imply that you didn't want to continue with the membership.

 

Do you have any terms and conditions - does it say anywhere that it is a rolling membership where you are automatically signed up or it is assumed that you will continue once the current subscription is done with ?

[amyajb]

Hi citizenB the really bad news is that on the application I filled in yes it does say that- it is standard membership and 'can only be ended on 3 months notice'. So it's my fault for being stupid. I never looked at the document again. I'm still screwed.

 

The only good news is I don't have a first born.

[amyajb]

PS please still help anyone with any ideas....

[citizenB]

Don't panic and don't beat yourself up. Have alerted someone on the site team, who so likes to deal with these bully boy gym clubs They will be along to help soon as they can.

 

Truly, they really cannot do anything other than wind you up with their letters and they can be easily dealt with.

[amyajb]

Thanks citizenB I am so glad I found this site...

[citizenB]

It might be a little later today as most of them have day jobs... but you will get some help and advice

[fkofilee]

Well ive just caught Eye of this and I am dealing with ARC at the moment. Slick132 will also be along.

 

ARC never go to court on Gym debts. Put it this way. You Paid 12 months upfront and didnt wish to continue after this. The OFT investigated Gym contracts and found that those sort of T&Cs are EXTREMELY unreasonable.

My only advice here is to make a 1 time "Offer" of 1 month to settle the issue.

 

IE; Dear Sirs

 

I would like to make an offer with an expiry date of 14 days from today (25th Feb) of 1 x Monthly Fee to settle as I believe the 3 months you refer to for notice is "extremely" unreasonable.

 

If they refuse to accept this offer, then you just state you made an offer and thats it. I think if i remember rightly there was something about auto renewing onto 12 month contracts and how the OFT found this unreasonable.

While we dont condone Debt avoidance as such, This WILL NOT appear on your CRA so the risk of it not being paid in full will have no effect on your Credit Rating, unless they went to court and even then ARC are lower down the chain and from my knowledge never go to court. Check all the other forums for Gyms

 

I have personally dealt with Virgin Active... You have a lot more rights then DCAs will let on Hold your head high... Dont let them get you down..

[slick132]

Hi Amy and welcome to CAG

 

Don't panic about this. ARC will use all sorts of scary threats about what MAY happen but it's mostly hot air !! They do not generally take the court action that they so often threaten. Nor will this affect your Credit Refence Agency (CRA) files as gym m/ship data is no longer carried by CRA's.

 

DL are unique in requiring 3 months' notice to cancel. They are also wrong to assume Auto-Renewal in the absence of specific notice from you to cancel at the end of the year that you paid for. I think The OFT made reference to this before they were disbanded. Or there may be guidance on the Citizens Advice site. I'll check further on this later.

 

In the meantime, I would send ARC an email saying :-

 

I refer to your email of 11th February.

 

My 1 year membership with David Lloyd was paid up-front in full.

 

I had no intention or desire to renew at the end of the 1 year term and I'm aware that auto-renewal is unfair to me as a consumer.

 

Similarly, David Lloyd's requirement of 3 months notice to cancel is unfair to me as a consumer.

 

For these reasons I will not be paying you for a further 3 months, or a further years' fees.

 

If you pass this on to any other DCA or solicitor, your actions will be the subject of a formal complaint to Trading Standards.

 

See how they respond to that.

 

[amyajb]

Thank you fkofilee and thanks so much Slick I will email them that letter this morning and will update later....

[fkofilee]

Thank you fkofilee and thanks so much Slick I will email them that letter this morning and will update later....

 

Go with Slicks letter. That's the best option. If they don't play ball then use the 1 month fee option.

 

Either way beyond that, Ignore ARC and deal with the gym directly

[amyajb]

Hi both this was the first email I sent, which they have now replied to below. Shall I wait until they reply to Slick's email that I sent second?

 

----Original Message-----

From: Amy

Sent: 11 February 2015 17:48

To: ARC Collections

Subject: xxxxxx

 

I've had an urgent request to contact you regarding my David Lloyd membership. I didn't renew this in January and have no interest in doing so. Could you clarify why a collections centre is contacting me?

Thank you

 

 

 

 

Dear Amy

 

ARC Reference: xxxxxxx

RE: David Lloyd Leisure

Balance: £367.00

 

Thank you for your email.

 

We have checked with our client and they have confirmed that you did not cancel your membership in accordance with the agreed Terms and Conditions. Therefore the above balance remains outstanding and must be paid.

 

You can make a secure payment to ARC 24 hours a day with your debit or credit card by visiting our web site or by calling our automated payment hotline on 0845 0268889. Alternatively you can telephone us on 01932 251000 to make a payment by debit or credit card or you can use the following bank details to make payment:-

 

Bank name: Barclays Bank

Account name: ARC Europe Ltd

Sort Code 20-72-17

Account Number: 40678864

Reference Number: 2179888

 

If we do not receive your payment within the next 10 days, this account will be passed to our Legal Department for further action.

 

Please be advised that emails replied to this address will not be answered. All emails must be sent to

Yours sincerely,

Miss Patel

 

ARC (Europe) Ltd

Kent House

Churchfield Road

Walton-On-Thames

Surrey

KT12 2TU

Fax: 01932 251012

[citizenB]

Yes, wait until they respond to slick's email that you sent them

[amyajb]

PS I've worked out that as my membership contract was £72.50 per month I should owe £217.50 max. Where does the sum of £367 come from?!

[citizenB]

PS I've worked out that as my membership contract was £72.50 per month I should owe £217.50 max. Where does the sum of £367 come from?!

 

 

That will be someone adding on admin charges.. nice work if you can get it, yes !!

[amyajb]

£150?! that is blooming outrageous!

[fkofilee]

Yeah hold off Wait for a response. Remember what I said about above... If they refuse to play ball, then make a Time barred offer! 1 Month thats all.

If they refuse this, you have been reasonable enough

 

SOrry i missed your post from earlier.

[slick132]

Hi Amy,

 

The gyms, gym admin companies and associated debt collectors just love to add Admin Fees and these can rack up to £100's very quickly.

 

However, we always tell folk to challenge the fees on the basis of them being unlawful and unenforceable.

 

Do nothing until you get a response to the email I suggested.

 

If ARC contact you by letter or email, ignore it. If anyone calls you, tell them, "In writing only", then hang up.

 

Keep us posted.

 

[slick132]

You should also read other DL threads to see how they have run, like this one - http://www.consumeractiongroup.co.uk/forum/showthread.php?439164-David-Lloyd-want-to-auto-renew-my-12-month-gym-agreement&p=4671828&viewfull=1#post4671828