David Lloyd and ARC Europe demands

[sebj93]

Hi,

 

Please could you update me on what happened with your troubles with David Lloyd.

I'm at the stage where I've received a letter from ARCEurope and the fee has gone up to £216.25.

Did they give up, or did you give in? Or did it go to court?

 

Thanks,

 

Sebastian

[slick132]

Hi Seb and welcome to CAG

 

Your post has been moved and you now have your own new thread to use.

 

Please read other DL cases here and you'll see how others are dealing with them.

 

We could also use some info from you so we can offer best opinion :-

 

1. When did you join DL.

 

2. How much did you pay and was it monthly or annually.

 

3. If monthly, when was the DD paid each month.

 

4. Date you cancelled the m/ship and method ie in person, by phone, by letter, by email or just cancelling the DD mandate.

 

5. Do you have proof of cancelling like a copy of your letter, email or some acknowledgement from DL.

 

When you read other threads, you'll see we advise that you have NO PHONE CONTACT at all. Despite what DL or ARC Europe say, they have no power or authority, they do not post adverse data on your CRA files and they tend not to take court action.

 

[sebj93]

I am having issues with David Lloyds gym to do with a dispute over fees.

They have involved their associates ARC Europe to try to collect fees and have threatened legal action.

 

I have seen many other people having similar issues in a thread on this site,

but the thread was several years old and the results were never posted.

 

I joined DL in March 2015.

I was paying £48 per month (beginning of month DD) for the annual membership for a person of my age.

 

I called DL at some point in the beginning of March 2016 to find out if I needed to do anything to cancel my membership to stop it continuing into another year.

 

The woman on the phone at my branch (Brighton Marina) told me that it would automatically end at the end of March and I needed to take no further action.

 

As I thought the matter simple, I took no note of the call or her name.

Therefore, I have no record of the date.

I stopped using the gym facilities at this time.

 

I was charged for another month, at which point I cancelled the direct debit with my bank.

Then I called the gym and asked why I had been charged.

I was told that I had to request cancellation in writing and that there was no record of my previous call.

 

I switched to email contact as I could keep records easier.

 

My first email was on May 17th.

I will provide record of my contact through email

 

[name removed]

|

17/05/2016

Membership Number: [removed]

[removed]

 

Dear Sir/Madam,

 

I need to cancel my membership.

I phoned in late February/March time and was told that this would happen at the end of March.

I have been charged for another and invoiced since.

I am going through severe financial trouble right now and cannot afford this membership.

 

You should also see that I stopped using your gym, thinking I was no longer a member.

Is it fair that I have to pay for something that I haven't been using?

 

I have made several phone calls and left messages being told that I would be rung back by the membership team.

I finally reached a member of your team today and he said I will be called back regarding waving cancellation fees.

I am not confident that I will hear anything based on previous experience.

 

I'm also going to be out of the country from this Sunday for two weeks with no access to email or phone.

 

Please cancel my membership straight away, and retract the invoice for the last month.

I can't afford any more charges and would see any additional costs as an insult

due to the fact that I was a good member

and am now unable to control my finances after becoming unemployed several months ago and reaching the limits of overdraft.

 

Yours faithfully,

 

[removed]

 

 

----------

 

MShip.Brighton

|

19/05/2016

Dear [removed]

 

Thank you for your email.

 

We have not received a written request to cancel your membership which is why we are continuing to take payment.

Can you confirm when you requested the cancellation in writing so that I can look into this for you.

 

If you can provide evidence that you have had a change in personal circumstances,

such as job loss letter or equivalent we will be able to look at ending your membership immediately for you.

 

If you require any further information please do not hesitate to contact me.

 

Kind Regards

Lisa Durnford

Membership Advisor

Brighton David Lloyd

Telephone: 01273 666407/04

Address: David Lloyd, Park Square, Brighton Marina, Brighton, East Sussex, BN2 5UF

 

-------

 

[removed]

Reply|

21/05/2016

MShip.Brighton ([email protected])

 

Make sure it is cancelled now.

I am away for two weeks so all this will have to wait until at least the 5th June.

 

[removed]

 

-----

 

MShip.Brighton

Reply|

25/05/2016

You

Inbox

Dear [removed]

I have processed a cancellation in line with the terms and conditions of your membership.

 

You are still in your 12 month initial term of membership and have had a suspension for two months which means your membership is due to end on the 1st August 2016.

 

If you require any further information please do not hesitate to contact me.

 

Kind Regards

 

Lisa Durnford

Membership Advisor

Brighton David Lloyd

Telephone: 01273 666407/04

Address: David Lloyd, Park Square, Brighton Marina, Brighton, East Sussex, BN2 5UF

-------

*end of email records*

 

Since then,

I have received many emails and calls asking for a balance which has now grown to £146.25. Here is the last of these emails:

 

"Dear

 

Membership Number: [removed]

There are a couple of ways that you can bring your membership up to date:-

 

•Online with a debit or credit card by going to the website *url removed to allow for post*

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 £146.25 is due for your membership at Brighton.

 

Both the online payments service and the automated payment service will 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"

 

-----

 

*end of email*

 

I have not paid this fee.

 

I received a letter from ARC EUROPE dated 10 August 2016.

 

They say that they are collecting a balance of what is now £216.25 from me, on behalf of their client, David Lloyd Leisure Limited. They ask me to pay them this money by calling them or visiting their website.

 

Finally they said that if they do not hear from me "within the next 14 days (from letter date),

they may pass my account to their solicitors, with instruction to prepare court proceedings."

 

Today they called my landline and I answered.

They said who they were and that they were looking for (my name).

Then they asked for my postcode for security reasons.

I said "No" and hung up the phone.

 

I am scared to go to court and I am unsure of where I stand legally.

I have a strong feeling that they have treated me unfairly.

Especially as they never warned me of these cancellation conditions when I signed up.

 

 

However it was in the small print of my contract, I believe.

I can afford to pay the current amount of £220 as I have some savings,

but if I get taken to court and lose I imagine I could be financially ruined.

Edited August 15, 2016 by slick132

[dx100uk]

ok well 1st you ignore ARC

they are a DCA and ARE NOT BAILIFFS

and have

NO SUCH LEGAL POWERS.

 

 

and they don't even own the debt

they are operating for 'their client' DL.

so they cant actually do anything

court nor nothing.

only the owner of a debt can take you to court.

 

 

as for the membership

i'll let slick132 advise

but from what I can see

you cancelled

they took one more payment

so you are square wit them.

 

 

time to ignore everyone

and stay off that phone too!

 

 

dx

[sebj93]

Great, thanks for this reply dx.

 

This is exactly what I hoped to hear.

[slick132]

Hi Seb,

 

Were there 2 months suspended when you did not pay the normal monthly fee ?

 

If so, this would extend the 12 months minimum term to 14 months.

 

Basically, you need to ensure you've paid 12 months at the normal monthly rate. The reduced (suspended rate) months will not count towards normal m/ship.

 

[sebj93]

Hey,

 

Yes, I suspended for 2 months. While I was travelling. I paid a reduced fee during this time.

 

I may need to pay 1 more month then as I paid the 12 months, plus an extra from the sound of the emails.

 

So I need to contact David Lloyd to pay this? I cannot access their online paying system and I am unsure of which months that I've paid as it feels as if it's gone on for so long now. I imagine I don't want to pay this to Arc!

 

Thank you Slick

[slick132]

You need to have paid at least 12 months at the full rate.

 

Have you paid these or not ?

 

[sebj93]

I have looked through my emails.

 

 

They sent me the first email asking for money on 1st of May, asking for one month's worth of fees.

 

If my contract was for 12 months, plus 2 months extension then it should have finished in May.

 

Perhaps I should have paid one more month.

[slick132]

Can you check your bank statements, to see how many monthly fees you paid at the full rate.

 

That's really all that matters.

 

[sebj93]

I've trawled through my online statements and it appears that I've made 13 monthly payments to them (2 discounted due to membership suspension).

 

So if I needed to pay 12 months due to my contract, I am one month short. How can I go about settling this without having to pay Arc? Should I email/phone the gym?

 

Thank you

[slick132]

Hi Seb,

 

You can write to DL by email saying :-

 

I refer to my membership which I have opted to terminate.

 

My membership was suspended for 2 months, hence I have only paid 11 full months fees.

 

I will now pay the final fee to end this matter but I will not pay the admin fees that ARC are trying to charge for no good reason.

 

If you give me bank details and a reference , I will make the final payment promptly to end this matter.

 

You need say nothing more for now.

 

Also, don't fret about this leading to court action or affecting your CRA files - this is highly unlikely !

 

[sebj93]

Thanks so much guys, you have been awesome!

 

I will send an email saying this right away.

 

[sebj93]

Hi guys,

 

This is David Lloyd's reply:

 

"Dear Sebastian,

 

Thank you for your email.

 

The final payment would need to be made through reception and can be done over the phone. Your membership is currently outstanding from May 2016 and the ARC fee has been added because they have been contacting you to try to resolve this matter. Unfortunately i am unable to remove this fee from your account.

 

Please do not hesitate to contact me if you require any further information.

Kind Regards,

Laura Williams

Member Relations Manager

Brighton David Lloyd

Telephone: 01273 666407/04

Address: David Lloyd, Park Square, Brighton Marina, Brighton, East Sussex, BN2 5UF"

 

Shall I call them to try to pay the 1-month's fee (£48)? Or shall I reply to this email to say that I will only pay the month's fees, rather than the fee that they want?

 

I have been hanging up when ARC ring.

 

Thanks.

[dx100uk]

the one month required nothing more imho

 

 

dx

[slick132]

Hi Seb,

 

You don't need to call them to pay what they refer to as it includes ARC admin fees that you should NOT pay.

 

Reply by email saying :-

 

I refer to your email of xxdate.

 

I will only pay you the one outstanding monthly membership fee but I will not pay any unlawful and unenforceable admin fees added by your DCA.

 

If you reply agreeing to accept my one monthly fee, I will pay you and end this matter.

 

If you insist I pay any more, I will pay you nothing - the choice is yours.

 

[sebj93]

Thanks for your replies

 

I have replied as such.

[sebj93]

This was their reply:

 

"Terminated membership, fees.

 

M

MShip.Brighton

Reply|

Today 16:17

You

Dear ,

 

You are currently outstanding since May, meaning May, June and Julys fees are owed at £48.75 per month totalling £146.25. As stated in my previous email, I am unable to clear the ARC fee.

 

Please do not hesitate to contact me if you require any further information.

Kind Regards,

Laura Williams

Member Relations Manager

Brighton David Lloyd"

 

Shall I ignore or reply?

[slick132]

Hi Seb,

 

I would just ignore them now if you are happy to do this.

 

ARC will continue to chase but they'll do nothing nasty, based on previous experience.

 

Keep us posted.

 

[sebj93]

Hi guys,

 

Here's an update on the situation. I've been ignoring ARC and David Lloyds.

 

I've just received a letter from ARC.

 

It says that by the instruction of their client they may refer the matter to their solicitors Majorlaw Ltd with instructions to prepare a county court claim against me for recovery of the above debt (£216.25).

 

14 days before they may prepare this... 8% per annum interest + court fees and solicitor cost to a further £85.00. etc etc...

 

This doesn't seem like that much money! I am surprised as I thought they'd say £4,000 or something.

 

I welcome any advice.

 

Thanks,

 

Sebastian

[dx100uk]

usual rubbish trial of letters

doesn't say will anything

 

 

only DL whom you actually might owe something too can take you to court

 

 

any DCA or in this case fake DCA as its a sols acting as a DCA , can do not

they are not the owner of the debt.

 

 

ignore

[slick132]

Agreed,

 

Ignore this rubbish from ARC as it's full of "may" do this or that. Majorlaw are ARC's pet solicitor and are very unlikely to anything at all.

 

If they do, we'll be here to offer support.

 

[sebj93]

Hi guys,

 

Quick update:

 

Just received a letter from Major Law Solicitors. They have been "instructed to contact me for recovery of the above debt..." They ask for £216.25, and if they do not hear from me in 14 days they will seek their client (David Lloyd)'s "instructions regarding issuing a County Court Claim" against me in Northampton County Court for the recovery of this amount.

 

They say that the debt will increase by £102.30 based on £35.00 court fee, £50 solicitor costs, and £17.30 Annual interest. Making the total £318.55.

Edited September 8, 2016 by sebj93
Accidental double £ sign

[dx100uk]

same ignore

 

 

dx

[slick132]

Hi Seb,

 

Due to the circumstances of your case, I think you've said all you need to say to the gym.

 

However, my inclination now is to reply to Major Law saying :-

 

I refer to your letter of xxdate but I've already made my position very clear to David Lloyd. They've refused to accept my offer to pay the 1 final fee that I owe.

 

If you contact me with any further demand, I will complain to the SRA that you are harassing me with demands that you have not validated with due diligence.

 

Let us know if and how they respond.