Problems with David Lloyd cancellation policy

reeny1

Hi,

Hope I have posted this in the correct forum.

Last September my relationship of 10 years broke down, and my partner forced me out of our home, and I moved from Nottingham to Cornwall. I was a member of David Lloyd gym in Nottingham, which I had paid a years membership up front. It was due to run out the end of September. I left Nottingham in early September to move back to my parents in Cornwall. I had letters from David Lloyd asking me to renew my memebership, so I told them because of my circumstances I couldnt renew it. They then said that I had to give them 3 months notice. I explained that I no longer have a home in Nottingham. They then said that they could transfer the membership to a gym near my new address, I said that this is not possible because there are no David Lloyds in Cornwall, the nearest is 100 miles away in Exeter. The girl that I was speaking to then said that sometimes when people have to relocate because of work, and if there are no David Lloyds in the area, then they are let out of their membership. She said that they would be able to do this for me. This was back in September, 7 months ago. I have not heard anything from them, so assumed it was all sorted. Then today I have received a call from a debt collectors, chasing me for the money.

I understand that in their T and C's you have got to give 3 months notice, but surely sometimes circumstances happen like mine, and that is just not possible.

I told the debt collectors I assumed it was already sorted, and that I wouldn't pay, and that I would be prepared to take this to court.

visidigi

reeny1 wrote: »

I understand that in their T and C's you have got to give 3 months notice, but surely sometimes circumstances happen like mine, and that is just not possible.

I told the debt collectors I assumed it was already sorted, and that I wouldn't pay, and that I would be prepared to take this to court.

I don't follow why it wasn't possible for you to give 3 months notice? The fact you had moved away doesn't change the contractual obligation - unfortunately as per the contract you were required to pay them for a further three months (the notice period).

Unfortunately I am not sure court is a good idea for you - as realistically, unfortunately, no matter how you look at it, your decision to move from nottingham is/was not David Lloyds fault or choice, therefore they should not be unfairly denied revenue based on your personal circumstances on this occasion, in my opinion.

reeny1

I didnt know 3 months previously I was going to leave, hence why I didnt give them 3 months notice. It all happened very quickly, I was basically left with no home, so was forced to move.

How come they allow cancellation due to work relocation? Surely my situation is the same?

wealdroam

reeny1 wrote: »

I didnt know 3 months previously I was going to leave, hence why I didnt give them 3 months notice. It all happened very quickly, I was basically left with no home, so was forced to move.

Of course you can give three months notice as soon as you think you might be going to move. You can cancel that notice if the move doesn't take place.
The point is that having given notice, you must pay for the next three months whether you make use of the facilities or not... simply because that is what you have agreed to do.

reeny1 wrote: »

How come they allow cancellation due to work relocation? Surely my situation is the same?

No, clearly they are not the same. I won't explain the difference.

But David Lloyd allows cancellation it you move house too.
You really must ask David Lloyd why he treats these two things differently, but again the point is that you have agreed to these terms.

InsideInsurance

The cancellation due to work relocation is discretionary, as any waiving of the notice period is. Why they choose to do it for that reason but for no others is probably to do with proof - they request a letter from your employer so have a third party proving the move is happening and insufficient notice given. For something like a breakup, well there are plenty of people that will claim that or death/ sickness of close relatives etc to get out of their obligations and it is difficult for them to substantiate etc.

If however you were told by them that it was going to be waived and then they havent done it you have a small chance of arguing it with them as clearly they have told you one thing but done another. Where was "the girl" you said you spoke to? In the club or in the call centre? If the former then write to the general manager at the club in question, if the later then send the letter to their complaints department (if you send it to the complaints team before the GM they just send it to the GM to answer)

reeny1

So what will happen now then? When I spoke to the person on the phone he said he would go back to David Lloyd. I'm not sure how debt collectors work. I have not received any letters because they do not have my new address.

reeny1

I could prove the move and breakup with the solicitor that dealt with it, I had to be taken off the title the from previous home, and be bought out of it.
The girl that told me about the waiver was over the phone, she told me to email them about our conversation which I did immediately. I have proof they have these emails, because I got confirmation receipts.

reeny1

My employer could also back me up. I have been allowed to continue with the job I had. I now work from my new home in Cornwall, and travel back to Nottingham for meetings occasionally.

ThumbRemote

Nobody is disputing that you moved house. That fact is irrelevant.

The issue is that you had to give three months notice. You didn't. Therefore they want some money from you.

Do they want 3 months or 7 months money? If 7 months, ask why the emails/phone conversation weren't taken as giving notice, and insist they reduce it to 3 months.

How did you pay? Presumably you cancelled the direct debit too?

reeny1

What I am disputing is the fact that they want me to pay for 3 months membership when there is no way I could use their facilities. If I had known what was going to happen, I would have given 3 months notice back in June, but unfortunately you cannot see what may happen in the future.
I have no idea what they want, because I have received no letters.
I paid a year up front. There was no direct debit set up.

arcon5

reeny1 wrote: »

What I am disputing is the fact that they want me to pay for 3 months membership when there is no way I could use their facilities. If I had known what was going to happen, I would have given 3 months notice back in June, but unfortunately you cannot see what may happen in the future.

That's not their problem.

I have no idea what they want, because I have received no letters.

I imagine they want payments equivalent to 3 months?

I paid a year up front. There was no direct debit set up.

It's likely you agreed to a rolling contract after the initial 12 month period.


Make an offer in full and final settlement to the collection agency, start low, play hard ball. They will likely settle for a lessor amount.