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David Lloyd/majorlaw claimform - £985+ membership fees debt


Pdiddy2023
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I have received a letter today from the above in relation to a David Lloyd gym membership. I cancelled my direct debit and spoke with them over the phone to let them know. They advised me I was under contract but never asked for one months notice to be paid. 
 

Firstly I thought gym memberships where not a form of credit and therefore a CCJ couldn’t be registered against you

Secondly I thought that the office of fair trading had won a test case which stated that you can’t be held to a gym contract 

The letter states I owe 985 including court fees and legal representation costs.  And have to reply if I intend to defend all of the claim, part of the claim, or jurisdiction of the court 

 

Can anyone please advise why this happening and if they can claim this amount from myself 

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  • honeybee13 changed the title to Claim form. Civil national business centre
  • dx100uk changed the title to David Lloyd/majorlaw claimform - £800+ membership fees debt

yes its legit

2nd one today 

please complete this:

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • dx100uk changed the title to David Lloyd/majorlaw claimform - £985+ membership fees debt

i will also guess this was a 'couples' membership?

tell us the story with dates and figures please

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

Which Court have you received the claim from ? Civil National business centre 

Name of the Claimant ? David Lloyd leisure LTD

How many defendant's  joint or self ? Self

Date of issue – 17 august 2023

date  to acknowledge - 01-09-23

Date  to submit defence - 18-09-23

Particulars of Claim

What is the claim for – the reason they have issued the claim? 

1. The claimant claims 845pounds and 68 pence being the balance of consideration outstanding to it under account number (8 digits) in respect of services rendered to the defendant

2. the claimant also claims interest thereon pursuant to s 69 county court act 1984 limited to one year to the date hereof at the rate of 8pc per annum amounting to 54pounds and 45pence the claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 05/10/22 to 15/08/2023 on £791.23 and also interest at the same rate up to the date of judgement or earlier payment of a daily rate of £0.17

What is the total value of the claim? 985.68

Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No notice received 

Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No

Did you inform the claimant of your change of address? n/a

Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account?
Gym Membership

When did you enter into the original agreement before or after April 2007 ? after
 

Do you recall how you entered into the agreement...On line /In branch/By post ? online

Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? no

Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. David LLoyd
 

Were you aware the account had been assigned – did you receive a Notice of Assignment? no

Did you receive a Default Notice from the original creditor? no

Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? no

Why did you cease payments? Cancelled gym membership  informed them verbally and cancelled direct debit

What was the date of your last payment? 1st August 2022

Was there a dispute with the original creditor that remains unresolved? no dispute just cancelled direct debit 

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? 
No

Hope that post is ok.

Whatever happened to the high court ruling saying they were unjust!

Is this a new tactic by the gyms to recoup money

Any advice on this please?

Am I better admitting defeat and paying it or risk a CCJ?

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woe slow down a bit 

use your time wisely before you need to do things.

firstly can you expand upon the nature of the debt 

i see this is from a gym. when did you cancel this (was this about 5th oct 22?) and how much was the membership £pcm please 

it looks like £79PCM - thats a very large sum for a single person membership.

this is the 2nd gym Claimform we've seen of recent and the first any gym has raised in about 10yrs.

please also note the corrected dates for AOS and your defence filing 

............................

pop up on the MCOL website detailed on the claimform.
[if mcol is not working return after the w/end or the next day if week time]
.
 register as an individual on the Gov't Gateway Site
Go to HMRC's login page.
Click the GREEN sign in button.
Click “Create sign in details”
Enter your email address where asked.
You will now be emailed a confirmation code. ...
You will now be issued with a User ID for your government gateway account.
 note down your details inc the long gateway number given, you might need it later.
 then log in to the MCOL Website
.
 select respond to a claim and select the start AOS box.
.
 then using the details required from the claimform
.
 defend all
 leave jurisdiction unticked
 you DO NOT file a defence at this time
[BUT you MUST file a defence regardless by day 33 ]
click thru to the end
confirm and exit MCOL.
..
.
get a CPR  31:14  request running to the solicitors 
 
https://www.consumeractiongroup.co.uk/topic/332546-legal-cpr-3114-request-request-for-information-when-a-claim-has-been-issued/

 type your name ONLY
Do Not sign anything
.do not ever use or give an email
.
you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It was a single membership with both of my children added on.

August was the last payment.

It was around 160 per month including swimming lessons.

I was 8 month into a one year contract. 

I will log the above this evening.  

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On 21/08/2023 at 21:29, Pdiddy2023 said:

Am I better admitting defeat and paying it or risk a CCJ?

Pdiddy,

Don't panic about geting a CCJ. They aren't just handed out willy nilly...

The ONLY way to up with a CCJ is to go through the Court process... AND lose... THEN you have to defy the court by not paying up within a month.

Only then is a CCJ imposed.

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 The National Consumer Service

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need the exact membership fee please look on your bank statement?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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It varied from month to month depending on swimming lessons etc for the kids. 
 

Jan 10th £159.80

feb 1st £159.80

march 1st £181.15

April £169.45

May 3rd £169.45

Jun 1st £169.45

July 1st 147.23

August 1st £168.23

 

The set amount minus any extras was for £159.80 for me and two children.

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ok thank you that explains the sum. 5 mts.

i doubt you have but for completeness you've got no record of phoning to cancel only memory?

there is another thread of recent that i mentioned.. 

and i'm sure likewise @slick132 will pop in soon.

dx

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Sadly not it was cancelled via a phone call and cancellation of my direct debit 

Right I have responded to the claim but not filed a defence as yet. 
Sending the request tomorrow for cpr 31.14 by 1st class special delivery.

Slightly confused by what I am requesting from these two parts 

Firstly 

(template removed - dx) read what it says in RED!)

which of them do I delete?

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just type no need to keep hitting quote...

template removed please read what it says in red at its first paragraph..

..................

as the rest dont apply cause you dont know what they are...contract+statement should do

dont waste money on recorded.

1st class stamp

free proof of posting from any PO counter

they wont reply is pretty much major laws old remit here anyway.

 

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Topic moved to General Legal Issues Forum

 

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 OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

If you want advice on your Topic please PM me a link to your thread

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now go back and read my post where the cpr 31.14 is linked...

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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On 23/08/2023 at 00:04, dx100uk said:

you DO NOT await the return of ANY paperwork 
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

..............


 

i didnt say the cpr link i said read the post WHERE the cpr is mentioned in.

as you'll see you are not the only one going thru this

the backroom guys will help and are working on that already 

but read through your thread and that other david lloyd claimform thread and things to not in your defence will become clearer. though it will mostly be based on our std defence to all speculative claims.

there is somewhere also the ashbourne gym thread with the judgement 11yrs ago now that stopped all those ridiculous gym court claims being made before that time

dx

 

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

  • Like 1

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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