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    • Hi @BankFodder
      Sorry for only updating you now, but after your guidance with submitting the claim it was pretty straight forward and I didn't want to unnecessarily waste your time. Especially with this guide you wrote here, so many thanks for that
      So I issued the claim on day 15 and they requested more time to respond.
      They took until the last day to respond and denied the claim, unsurprisingly saying my contract was with Packlink and not with them.
       
      I opted for mediation, and it played out very similarly to other people's experiences.
       
      In the first call I outlined my case, and I referred to the Contracts (Rights of Third Parties) Act 1999 as the reason to why I do in fact have a contract with them. 
       
      In the second call the mediator came back with an offer of the full amount of the phone and postage £146.93, but not the court costs. I said I was not willing to accept this and the mediator came across as a bit irritated that I would not accept this and said I should be flexible. I insisted that the law was on my side and I was willing to take them to court. The mediator went back to Hermes with what I said.
       
      In the third call the mediator said that they would offer the full amount. However, he said that Hermes still thought that I should have taken the case against Packlink instead, and that they would try to recover the court costs themselves from Packlink.
       
      To be fair to them, if Packlink wasn't based in Spain I would've made the claim against them instead. But since they are overseas and the law lets me take action against Hermes directly, it's the best way of trying to recover the money.
       
      So this is a great win. Thank you so much for your help and all of the resources available on this site. It has helped me so much especially as someone who does not know anything about making money claims.
       
      Many thanks, stay safe and have a good Christmas!
       
       
        • Thanks
    • Hermes and mediation hints. https://www.consumeractiongroup.co.uk/topic/428981-hermes-and-mediation-hints/&do=findComment&comment=5080003
      • 1 reply
    • Natwest Bank Transfer Fraud Call HMRC Please help. https://www.consumeractiongroup.co.uk/topic/428951-natwest-bank-transfer-fraud-call-hmrc-please-help/&do=findComment&comment=5079786
      • 31 replies
    • Hermes lost parcel.. Read more at https://www.consumeractiongroup.co.uk/topic/422615-hermes-lost-parcel/
      • 49 replies

David Lloyd sold me package with Spa but a few months later said that it was mis-sold at wrong price


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Hi everyone

 

I joined DL a few months ago. Was offered a discount as "friends & family" because I knew a friend who works there.

A few days later, I upgraded my membership to Platinum and specifically requested the Spa retreat as well.

I was issued a new card, which had correctly  labelled that it was Platinum card with Spa retreat. And payment was agreed at £125 per month.  No worries because I have been going 6 days a week.

Everything going well for a few months.   Then i lost my card.

Was issued a new one.

Went to use access the spa and wouldnt let me in.

I asked what's wrong and they informed me that my membership did not include the spa.

Now they have confirmed that there was a glitch on the salesperson's app that allowed the wrong price to be accepted.   This glitch has been brought to managements attention and has now been fixed.

However, they now want me to pay the correct price to access the Spa.

 

Surly, they have to honour the original agreement made with me?  or do they?

 

Thanks for your help!

 

Jameson

 

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Hi Jameson,

 

I'd write to the gym mgr saying :-

 

I was able to access the gym and Spa facility through my membership for £125 pcm.

 

When I lost my card and was issued a new one in [month], access to the Spa facility was denied to me.

 

Unless this is now reinstated at no extra cost, I will consider the gym membership cancelled without notice, due to your breach of contract.

 

I would send this to the gym by typed letter and get a free Certificate of Posting from the PO counter for proof.

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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Hi slick132

 

Thanks for the reply

 

I appreciate your help with the wording.  My only concern is that I really really like the spa, I wouldn't want them to agree to my gym cancelation.

 

I suppose that's all that I can do.. 

 

Thanks 

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Hi J,

 

You must decide what's your priority - make the gym honour what you were offered originally (perhaps trying to draw you in) ................

 

............... or pay what they're now demanding to get the srvice you want.

 

Surley it's worth a go ?

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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