LG John

Ok, I'm not at home now and don't have the exact dates, etc but I'll try to bring you up to speed.

On approximately the 25th April I wandered into my gym (David Lloyd) and told the receptionist that I wanted to quit - it was costing me £58 a month and I wasn't getting enough use of it! She advised me that I must, 'put it in writing and give 3-months notice'.

I went home and checked my online bank account which confirms that the Direct Debits came out on the 4th of each month. I figured the neatest way to handle matters therefore was to put my letter into them 1st class on the 3rd so that they get notice on the day they take payment thus I'd pay 4th may (£58), 4th June (£58) and 4th July (£58) with my membership terminating on the 4th August - just before I went on holiday.

I got a letter back in mid-may from David Lloyd saying they had recieved my letter on the 4th may but that cancellations run from the 1st of the next month and therefore I must pay in August as well. I was on holiday for most of August so it was pointless for me to have membership.

I wrote back politely disputing this and bringing to their attention that the receptionist made no attempt to make me aware of this aspect of cancellation when I asked her in the last week of April (I could have easily done my letter then). Letters went back and forth to no avail. They wanted the August payment. I paid my three months as I'd always intended and then cancelled the DD come August and returned my card to David Lloyd.

Upon my return from holiday there were more letters back and forth. Now they have passed the matter to a debt collection company that have sent a threating letter that speaks of f*cked credit ratings and court action. What should I do. I know its 'only' £58 but its the principal of the thing. I refused to be bullied by a big company that mislead me. I would have happily written my letter on the 26th April if the woman at the reception had made me aware of the matter - I was just trying to be helpful and do it exactly for 3-months so there would be no fannying about with 'part month payments'.

I really don't want to back down on this but I'd appreciate advice on how I can fight my case. One potential line of attack is this: My parents actually got me my memebership and paid my first three months as an xmas present a few years back. All I can remember doing is setting up a DD at the end of 3-months to take over the payments. I'll check within the next week but I don't recall signing any contract agreeing to the clubs terms and conditions. I'm not sure if my parents did or not? I'll check all this. How far is this debt collection company likely to take this £58! Will they really go to court? Can it affect my credit rating? This IMHO would be most unfair! I did not take anything on credit. When you pay money over its in exchange for a good or service. I have recieved no good or no service and consequently have chosen not to pay - I fail to see why that should black mark me like some pikey that can't afford to pay for things! Last thing I want is trouble re-mortgaging, etc.

All advice welcome and thanks for taking the time to read this far

pslewis

1. Read the Terms and Conditions ... I only had 1 months notice on mine.

2. Write back and say that you will be more than happy to dispute the amount in Court.

3. Tell them that if they do not drop the procedings within 1 week you will talk to the press ............. the LAST thing they want is publicity for this.

4. Remember, its 'only' £58 to you ..... it's NOTHING to them - go to the Head Office NOW.

5. The above is what I would do, you may wish to play it differently - are you up for a fight??

6. Good luck!!

Pete

JoeyDeacon

No advice on the legal side but this reminds me of that episode of friends where Ross tries to cancel his membership to the gym! Did they get a really hot girl in tight lycra to try and convince you to stay?

It never ceases to amaze me all the people who join a gym with good intentions and then end up never going despite paying £50 a month. Now I admit I probably should go to a gym as I do no exercise but I am honest enough to admit to myself that I am too lazy to go.

LG John

I definately intend to fight - I've not backed down from a cheating, swindling organisation/company yet. Remember the parking ticket I got off with

I just want to know how best to fight it. My uncles, his wife and son all still go to the same David Lloyd and spend a fortune in the eatery as well. Perhaps I should get him to have a quiet word and make an idle, 'we'll pull all our money out of here too' threat to see if that will change things?

Nick

Your credit rating would only be affected if it goes to court, you lost the case AND then you didn't pay the amount awarded by the court.

You need to look at the T&Cs from the documentation from when you joined. Ask them for a copy in writing if you don't have them. However, the info from the receptionist is a verbal contract which you took in good faith. They really are not going to take to court a case that has a defence for such a small amount of money.

David Lock

I would find out who the Chairman or CEO is and write to them discretely using the "story for the press" angle. Use the "not what one would expect from leading company in the sports club business - I acted in good faith" approach.

Milamber

iTrader: (2)

I concur..

LG John

Good advice Nick and David, cheers

Got piece of mind about credit rating now as well. If it did go to court and I lost I would of course pay (reluctantly)(I'm soiled notes )

paulr

I would go in to your local gym,ask to see the manager and politely inform him that other members of your family are still members and you want a satisfactory outcome.The threat of losing more members over £58 may do it.
Whatever you do though,dont be rude.Be firm,persistant but polite,it always works for me.

Abdabz

This happened to me Saxo Boy and I had to give in in the end...

I did the same asking to cancel with 3 months notice from the 10th of the month. I then did what you did and cancelled my DD at the end of what I thought was the threee month notice period.
A debt collector then wrote to me and demanded a further £58 and I wrote back and told them to n0b off saying Id served my 3 months... They emailed be back with the mention of this first day of the next month clause and I knew they werent making it up but wasnt going down without a fight.
I demanded they send me a copy of MY signed contract showing I had signed up for this clause from hell...
I kinda figured by the time they had processed all the correspondence from me, searched out my contract and sent it to me it would cost them the same as the monies they were chasing...
In the end the photocopy of my signed contract arrived and I settled the debt by cheque for 1 penny less than owed as Im a petty so and so
Either way its in our contracts... Unless they cant find yours signed????? In which case you'll be fine

paulr

I like it

LG John

If I do end up paying it they will suffer bad publicity because I'll stage a protest outside their doors until someone notices. I'm also petty

Abdabz

Cool - a protest, just consider their in house security and rather burly customers who may not support your issues You wouldnt want to upset the tasty serving totty in the bar area now would ya
.... There may be an angle for you if you didnt sign the agreement, but it would only make your parents responsible instead fella...
Make them work for your money, be reasonable with the debt collectors, your credit scores etc can be affected if they proceed, but any queries you raise with them (that are reasonable- like copy contracts etc) mean they have to liase with the club and the whole thing is messy for them...
Good luck... Keep me informed!

Luminous

iTrader: (3)

If do decide to fight this, then can pursue you for costs that are reasonable. The debt collectors can start and charge for the letters that they write to you, and any visits that they make.

It will be up to the judge on the day if he deems all of their costs reasonable, and may or not make you pay them.

If you are going to fight it, once you have decided to dig in and are not going to budge, make sure that you write to them saying very clearly that you believe that there is nothing more to discuss. That you do not wish to hear from them again until this matter is taken before a court of law.

This will make it much harder for them to keep sending pointless letters that they charge x pounds for and will try to recover should you lose.

IMO, you should not lose as you were told how to cancel by the receptionist, and then did exactly as she said. Time will tell...

Nick

It's a small claims court, you would only pay a small amount of their costs - if you lost & if they took you to court - which you won't & they wouldn't. Remember a debt collector is just a regular person. Don't talk to them, the slightest threat - even if your FEEL threatened, call the police.

Adrian F

I think David Lloyds were on TV a few years back for this sort of dodgy practice of having really unjust notice periods for cancellation and also for refusing to allow terminations of membership. If you pay monthly you should be able to give one months notice shouldn’t you?

I would talk to the CAB for advice and possibly Trading Standards. Getting advice from people who deal with this sort of thing daily will help.

Also all conversations to be noted and copies of letters kept.

If you want to irritate them if they have security camera's I think you have the legal right to have a copy of any footage of you under the Data protection act for a small sum back dated for a period of a month or more.

As to bad press always worth writing to the local paper letters page asking if any other people have had this problem but choose a paper that doesn’t run their adverts!

At the end of the day remember this is how they make their money by selling memberships that a lot of people don’t really use. If every body that had memberships turned up the place would be over run and then when people realise they are wasting their money they find they are trapped by these punitive contract clauses

wwp8

go to the local press, some has this "helpline" thingy,

makes a good read

warrenm2

if its in the terms and conditions, why would you think you can get out of it? If its not then fair enough, dont think what a minimum wage receptionist says is gonna stand up as much of an arguement, and neither will a judge. Its your funeral though

LG John

Warren: simply because I was being reasonable and would have happily concured with their terms and conditions if they had shown some curtosy and made me aware of them when it mattered. Yes we have rules in life but rules can be bent in circumstances of reasonableness. I do this every day in my job as a planning officer depsite popular misbelief that we don't. I always approach these things calmly and from a stand point of reasonableness because I know that when someone starts shouting at me I just dig in deeper.

ajm

The other option is to go in tomorrow and get your £58 worth all in one sitting! Monopolise as much equipment as possible, take any freebies going and steal anything that isn't bolted down!

GC8

**** in the pool eh? That'll learn them.....

Richard_P

Who is the debt collector?

I realise your from Scotland just wondering if I knew who it was?

Nate

iTrader: (2)

I stopped going to the gyhm and noticed it was 3 months since I had gone, stopped the DD and got a letter from them 2 weeks later saying I was in contravention of T's & C's, wrote a letter back explaining I had sent them a letter dated 3 1/2 months earlier (with a photocopy of the letter), terminating my membership. I had one more letter threatening action ......... But it was a case of 'an empty vessel' .


I did not send the original termination letter to boot in the first place either .


Nate.

lordharding

iTrader: (1)

Get your mates to ring up saying they are reporters from different newspapers wanting their side of a story that was developing .

they will soon back down.

wizgti

But surely if you never signed a contract you never even needed to give any notice? I'd counter sue them for 3 x £58 and maybe have a word about taking money under false pretences (or something like that), as a representative of the company said you had to give 3 months notice and if you had no contract with them then you didn't!

I hate big companies who take the pi$$ and think they can walkover people!

Thanks
Andrew

tarmac terror

iTrader: (2)

If you dont believe you can win you can always have a little fun with them. I had a solicitor over-charge me for some conveyancing work about 4 years ago. He threatend to sue me and the law society's complaints proceedure (set up by solicitors for solicitors) was worse than useless. I waited until 4:45PM on the day of his deadline for payment and paid him the £320. It was all in 5p coins.

The bank who supplied these had them neatley bagged in £20 quantities - I undid their efforts by removing the bags and putting all the coins in one large bank bag. They quoted me some crap about the small denominations act - but suspected this was like the Barbed Wire Act.

The accountant was then stupid enough to say I cant count that - so i got to make a muppet out of him, what you are an accountant and you cant count. To ensure payment was recieved on time I stood in the office while the accountant an two admin types counted the 5p's.

To me it was worth £320 for the entertainment value and to have a poke back at them.

By the way - they had failed to spot my house was exempt from stamp duty. They failed to notify me in a timely way that my seller had withdrawn his property from the market, they failed to complete on two occasions and actually had the funds returned to the bank, but the bank were telling me the solicitor had stuffed up.

Anyway - go right to the top of the tree - if that looks like its doomed to failure - just go for the ****about / embarrassment factor.

TT

Brun

Diablo

LOL

Kenny,

Pop in and speak to the manager. Apologise and say you were not aware of the terms and ask if it can be waived on this occasion. Bear in mind there's a very strong chance you will have to give 3 clear calander months notice anyway.

See if you can't settle it without wasting hours of time and effort over something as paltry in the grand scheme of things as £58.

20,000 have just died in Asia, and you are fannying about over £58 when you are, in every possibility, in the wrong anyway

You need to get a grip mate, life is too short. I see people losing a lot more than £58 over points of principle every day.

Reality

. When I was a nipper some shop keeper had given me some jip - can't remember the original offence.

I went back the following day and purchased 200 black jacks (when they cost 1p each. The look on his face as he was counting out the black jacks was almost as funny as the look on his face when I produced my 200 1p pieces .

Back on topic.

The clause probably does exist and you'll probably end up paying the £58.

I guess it depends on your view on risking other charges etc.

I'd fight them

jjones

second that.

go and have a red hot vindaloo - full water change no fishing the floaters out