David lloyd want to auto renew my membership

[sunny2good]

Hi,

 

I have seen a few threads on topic but couldn't find one where the OP had any success in it.

My wife and I have been david lloyd members since 2012 and renewed every year. Always paid for a year in advance. This year, i want to renew but wife wants to stop the membership. So when my wife called to confirm her cancellation a week before it was due to end, she was told that to check her contract that she needs to give 3 months notice.

 

We were never told about auto renewal or that 3 months are required to give notice. As we are paying in advance, membership should end at the end of the term if we don't renew. They asked us to check the contract, but we did not get any on renewal. I think we only got one in 2012 which I cannot find anymore.

 

What is the best way forward?

 

Many Thanks for your help.

 

Sunny

[Conniff]

Something to read while you're waiting for Slick to pick this up:

 

Automatic renewal terms. When contracts impose automatic renewal terms, businesses must provide reasonable means for their consumers to exit such automatic renewal terms fairly, and clearly communicate the exit options in plain and intelligible language.

 

https://www.gov.uk/cma-cases/ashbourne-management-services-unfair-gym-membership-contracts

[slick132]

Hi Sunny,

 

DL continue to demand 3 months notice to cancel, despite almost every other gym or gym admin company requiring just 1 months notice when you're past the minimum contract period.

 

If you refuse to comply with their unreasonable demand for 3 months notice, they will pass the matter on to ARC Europe. They will pester you for payments and make all sorts of threats.

 

I would challenge DL, saying their 3 month requirement is unfair and in clear contrast to the requirements of all other gym memberships.

 

How much does YW pay monthly ?

 

[slick132]

This is a thread you should read - http://www.consumeractiongroup.co.uk/forum/showthread.php?442733-David-Lloyds-problem&p=4706346&viewfull=1#post4706346

 

[sunny2good]

Thanks Slick,

 

She pays £68 a month but how is the 3 month charge enforceable. I did not sign a new contract. Are they trying to say that the one i signed in 2012 was a rolling one which is still applicable ?

 

Thanks for the link to thread, i will read that now.

 

Regards,

 

Sunny

[slick132]

Hi Sunny,

 

If I recall correctly, you can cancel within the final month of a 12 month DL agreement and that stops the m/ship at the end of month 12.

 

But, if you allow the agreement to roll on, they then require 3 months notice to cancel.

 

I have no idea why The OFT (since disbanded) allowed DL to continue with their 3 month requirement, when all other gyms require 1 month. If you want to fight this, we'll give you as much guidance and support as we can.

 

Best place to start is to write to DL saying :-

 

1. I was unaware of your 3 month cancellation requirement and would you supply a copy of the T&C's from 2012 so I can consider the matter and seek advice.

 

2. In the meantime, you should consider this matter to be in dispute and not send me further payment demands.

 

[sunny2good]

Thanks for the advice Slick.

 

The contract ran out on 1st Oct and when she called on Sep 25 and Sep 30, she was told the same thing that she needs to give 3 months notice by submitting a Cancel Membership form.

[slick132]

Hi Sunny,

 

Get that short letter off to DL asap.

 

You do NOT need to submit a specific form to cancel so YW gave effective notice to cancel when she spoke to the gym on 25th Sept'r.

 

However, it is always best to cancel in writing and to keep proof of receipt. See the Sticky here - http://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!

 

[sunny2good]

Hi,

 

Just an update to this. I have spoken to someone from the membership team who has told me that the initial period of my membership started on the 1st of the month AFTER the date of my initial membership application, which was in Sep 2012 and lasts for 12 months. So if i cancelled within the initial period, say before 1st October 2013, then they would have required 1 month's notice. As I renewed and have done every year since, I fall into the category of ending membership after the initial period so have to give 3 months notice.

 

Anyone know if this is correct ?

 

I have asked for the copy of their T&Cs (which obviously will say this) and also to see the contract that i signed in 2012.

[slick132]

Hi Sunny,

 

Speaking to them is a mistake.

 

Send the letter I gave you and let them respond in writing.