David Lloyd / Arc Europe

[kyberta94]

Hello,

 

First time poster after reading some information about similar issues other people have had with Arc,

but as I've never had an issue such as this before I'm not particularly confident in handling this.

 

In December 2013 I signed up to David Lloyd on a 3 month membership,

when I signed up I was given a 'special deal' where I only had to pay the pro-rata fee for December.

 

 

As I was paying this I presumed this counted as my first month and therefore my third month would be February.

 

 

In February I had only been to the gym twice in those months & wrote to my gym giving a months notice on 1st March (as required)

and informed them I would be making no further payments and wanted my membership to cease as of 1st April 2015.

 

 

I received a letter in response confirming this was fine and my membership would finish

but I would have to make any payments outstanding,

of course I cancelled the direct debit immediately and thought nothing more of it.

 

Jump to April 13th,

I receive a letter saying Arc Europe are acting on behalf of David Lloyd & I owe £139

which must be paid by 22nd April otherwise they may pass my account onto solicitors.

 

Firstly my membership was £69 & my arrears is £89 which I can't make sense of.

 

 

Secondly the balance I apparently owe is £139, both of these numbers seem completely fabricated and pulled out of nowhere!

 

I may have misunderstood when my 3 month contracted ended which I would be willing to pay the £69

I would then owe however I refuse to pay charges or any extra when I have received no corespondance from David Lloyd.

 

 

Also I do not want this to progress any further and possibly hurt my credit score,

go to court, have people coming over etc but

 

 

I really have no idea how to address this issue with either David Lloyd or Arc Europe.

 

 

Help would be extremely appreciated.

[dx100uk]

gym 'debt' don't ever show on CRA files.

 

 

so three complete months from jan date

 

 

you write to the gym [DL] and offer the payment I think

ignore the no powers DCA

 

 

dx

[slick132]

Hi Kyberta and welcome to CAG

 

The dates you mention in your post don't make sense. Did you join in Dec'r 2013 or 2014, because you refer to cancelling in April 2015 ??

 

Please check your dates and confirm :-

 

1. Date you signed up.

 

2. Date you gave them notice to cancel.

 

3. The agreed monthly m/ship amount.

 

Gyms or their admin companies love to add Admin Charges if you pay late or cancel when they don't think you should. But we maintain that these admin fees are unlawful and unenforceable penalties which should always be challenged and never be paid.

 

Don't speak to ARC or the gym by phone and keep all comm'ns in writing only.

 

[kyberta94]

Hello,

 

Sorry 2013 Was a typo!

 

I joined in late December 2014. I haven't got any details on me now but it was around 13th December. I gave my written letter of notice on 28th February 2015 & my agreed monthly membership was £69.00.

 

Thanks!

[slick132]

Hi Kyberta,

 

When you have the doc'ts handy, check and let us know if the 3 months m/ship was a fixed-term or if it just rolled on monthly after that.

 

If you gave them notice to cancel on 28th Feb, you may owe a further month's fee for the notice period.

 

However, DL may insist you have to give them 3 months notice and pay Feb, March, and April. Possibly even May depending on the join and cancellation dates.

 

Come back with the info ................

 

[kyberta94]

Hi,

 

It was a roll on monthly afterwards & I would only have to give a months notice. I specifically asked this when I joined & checked the contract before I signed to confirm this.

 

Thanks

[dx100uk]

please do not post pers details on CAG

read our rules

 

 

previous post removed

 

 

dx

[slick132]

Hi Kyberta,

 

You need to check the details of the m/ship agreement.

 

Regardless of what the gym staff told you, you need to check the details to see what you actually agreed to in the gym's T&C's.

 

[kyberta94]

Hi Slick132,

 

Got my T&Cs now. I joined under a 'flexible membership' which states there is an initial period of at least three months & I am committed to paying three months fees. The membership lasts indefinitely until I give one months calendar notice.

 

I can confirm I joined 17/12/14. I have their written response confirming my membership ends on 31/03/15.

 

I don't know if this makes a difference at all but I didn't actually sign any T&Cs, on the back page where they are there isn't any signatures. However on the membership application form it says membership is subject to the T&Cs & by signing this agreement I accept them. I'm not sure if the application form is what they are referring to as the agreement but my signature on the application has no date whereas the team leader's does.

 

Finally before I posted here I emailed the club asking why I have these charges especially as my membership was £69, this is their response;

 

Hello Amy,

 

Thank you for you're email.

 

The reason the outstanding balance is showing £139 is because alongside your membership fee there is a £70 charge from ARC Europe for an admin fee for chasing you for the outstanding balance.

 

I can reduce this fee to £20 if you were to pay for March and April and bring your account up to date. With summer coming I am sure you would like to start making use of the club again!

 

I look forward to hearing from you.

 

So it would appear I owe 1 months membership.

 

Thanks

Edited April 16, 2015 by kyberta94

[slick132]

Hi Kyberta, and thanks for confirming they require 1 month's notice.

 

I'd reply to the gym by email as follows:-

 

I am happy to pay you the final 1 month's fee which settles m/ship fees due up to 31st Match 2015.

 

However I will not pay the £70 admin fees that ARC have added, or the £20 reduced amount that you offered.

 

The reason for this is that ARC's admin fees are effectively penalties. They are punitive in nature and do not reflect the actual costs incurred by ARC. The fees are both unlawful and unenforceable.

 

As soon as you agree in writing that you'll accept my payment of £69 in full settlement of all that I owe, I will pay you promptly.

 

Keep us posted.

 

[kyberta94]

Hi,

 

2 days on still not had a response from David Lloyd in regards to the email. Is this normal?

 

Thanks

[slick132]

Hi Kyberta,

 

Two days is no time at all with such matters.

 

Let them have 7 or 14 days to reply and then send a final reminder saying your offer will be withdrawn after a further 7 days.

 

[kyberta94]

Hi Slick,

 

Just got a bit worried as according to Arc this needs to be paid by Wednesday 22nd but from what I've read on these forums they have no power so seems quite an empty threat. I'll give it 7 working days then email them. I'll keep you posted on any developments though!

 

[dx100uk]

why are you worried about ARC?

 

 

DCA's ARE NOT BAILIFFS

 

 

and have NO SUCH LEGAL POWERS.

 

 

you cat has more power over you to demand money

 

 

dx

[kyberta94]

Hi,

 

Had a response to the email;

 

Thank you for you’re email.

 

Are you still looking to use the club going forward? As I know you only joined in December.

 

Pretty much ignored what I emailed them.

 

Kyberta

 

[slick132]

Hi Kyb,

 

I'd reply saying :-

 

I refer to your email of xxdate.

 

After the way I have been treated by ARC, I have no intention of remaining a DL club member.

 

Please reply to my previous email, so I can pay you and be done with this matter.

 

[kyberta94]

Hiya,

 

Had a reply to the email as above

 

I am sorry you feel this way about ARC, however we did make several attempts to contact you when your account was overdue before it reaching ARC. I am keen to discuss this with you, and reach a resolution.

 

Are you free one evening and I can call you, or perhaps we can arrange a meeting in the club to discuss further?

 

 

Kyb

[slick132]

Hi Kyb,

 

I assume you have no wish to continue the m/ship but let us know if you would consider continuing as a member.

 

If not, then reply saying :-

 

Thank you for your email.

 

I have no intention of remaining a member and do not want to discuss the matter, other than in writing.

 

When you confirm my offer to pay £69.99 in full settlement is accepted, I will pay you.

 

[kyberta94]

Hi,

 

No I do not want to continue being a member.

 

I'll keep posting any updates.

 

Kyb

[kyberta94]

Hi,

 

Had a response again

 

Thank you for you’re reply,

 

Iv just realised it was actually myself that joined you back in December!

 

I remember how keen you were to begin using the club, with the summer coming is this not something you are still wanting to do? If you pay March’s outstanding fees and rejoin I could perhaps issue your mum a 2 week pass to use whenever she would like? If you were to rejoin I will also ensure no payments to ARC will be in owe.

 

I look forward to hearing from you,

 

They really are not understanding I do not want to rejoin!

 

[slick132]

Hi Kyb,

 

Ya gotta love a trier !!

 

Poss reply :-

 

Thank you for your email but I do not want to remain a member.

 

My offer to pay £69.99 remains when you confirm you'll accept this in full settlement.

 

[kyberta94]

Hi,

 

Got a reply this morning

 

Amy,

 

I can take your payment for £69.00. Should you not wish to give me the details over the phone below you will find a list of the details I need in order to run the payment through:

And then just asked for my card details.

Seems to be sorted but just going to confirm in writing they will get ARC off my back.

 

Thanks for all the help!

[dx100uk]

pers I'd do it via your banks website and BACS

 

 

ask for their sort and account number

 

 

cards can be used afterwards by CPA.

 

 

dx

[kyberta94]

Good idea, I'll ask for that

[slick132]

I would reply saying :-

 

I will only pay the £69.00 when you confirm in writing that this is accepted by the gym in full settlement of all that is owed to DLL and/or ARC by me.

 

Leave no room for misunderstanding.