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My husband is a member of David Lloyd, and his membership was frozen during lockdown.

 

He wasn’t comfortable resuming his membership so cancelled his direct debit and sent them a series of emails but no one got back to him. He has since discovered his iPad didn’t send them, and he has been getting emails demanding payment and now a letter from Arc Debt Collection Agency, who are charging additional fees, £310.

 

He has been speaking to the advisor at David Lloyd and sending emails from his old iPad (his new one won’t send them), but she says nothing can be done and it has to be paid.

 

Any advice?

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Hi Nelson and welcome to CAG

 

I've added spacing to your post above - makes posts easier to read. Also your post is now here in the Gym and Health Club Forum.

 

Don't reply to any demands from ARC yet. ARC will say you owe late fees, etc but ignore them for now.

 

Let us get the info we need so we can suggest how to best deal with DL and/or ARC.

 

Please confirm :-

 

1. Did YH speak to anyone at the gym or their HO, by phone or in person, about cancelling the m/ship. If so, on what date.

 

2. Are you 100% certain the emails were not sent - DL and ARC might deny receiving them anyway.

 

3. When did the gym re-open, or when did they try to start taking DD's again.

 

4. Has the DD been cancelled via the bank, and on what date.

 

5. When did the m/ship commence and was it a 12 month minimum term, or a rolling monthly agreement.

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Hi Slick132,

 

Thank you for your help. Unfortunately he cancelled the DD first, July 30, and the gym reopened July 31.

 

He started sending emails at the same time, his emails definitely did not send I’m afraid.

 

We realise this has so far been dealt with in the wrong way. The gym seem unwilling to compromise. Any advice would be appreciated.

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Hi Nelson,

 

Please answer my Q #5 above.

 

Then I can suggest a reply to send to the gym and/or ARC (Europe).

 

It really doesn't matter that the gym's unwilling to compromise. After you write to them setting out an offer and time limit, you can ignore ARC and their demands.

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Hi Slick,

 

Sorry I missed Q5. My husband has been to see the manager at DL today. He is going to pay for September only.

 

She wanted him to pay August as well, but then agreed to compromise, after he pointed out he has been a member for 15 years.

 

She said they have 12,000 members at the branch and they all cancelled their DD’s when lockdown happened.

 

He will keep the membership for a couple of months then cancel following the correct process.

 

Still think it’s a shoddy way to treat loyal customers. Thank you for your help.

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Hi Nelson,

 

I suggest he pays nothing unless he has it in writing that the gym manager will accept the payment in full and final settlement of all that he owes for the gym m/ship.

 

The reality is that H Office will not accept the opinion of the local gym and will require 3 months notice, then pass the alleged debt on to ARC seeking gym fees and admin fees. Of course, that does NOT mean the fees demanded are payable or enforceable.

 

We can draft a letter for YH to send to the gym's H Office to offer a final payment if you want.

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Regardless of the conversation with the gym manager, this is what YH could write to the manager at the gym :-

 

Dear Madam,

 

I refer to our discussion about my membership and want to confirm my offer, due to my unwillingness to use the gym again.

 

The cancellation emails I originally sent before the gym re-opened failed to reach you due to a fault with my iPad.

 

I now offer to pay you 1 final month's fee of £xx.xx to end this matter and my offer is valid for 14 days. If you are willing to accept this, I need confirmation in writing with your bank details and a payment reference number.

 

I will not pay any higher amount, nor will I pay any unlawful admin fees levied by ARC (Europe).

 

Please reply in writing only, by letter or email.

 

Yours faithfully,

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