HELP!! Cancellation of David Lloyd Gym

mpython

As others have said, having proof of delivery would solve the arguement but there might be other ways to show you cancelled the contract. Have you a copy of the letter saved on your computer? if so, what does it show as the last saved or edited date (May?), that would support your claim that you wrote it, even if it doesn't prove you sent it. A judge would consider whether in all the circumstances, having written that letter and saved a copy, would you have sent it, especially as you were moving and you can show you paid the 3 months notice.

regarding the debt collectors, they can only do that after having obtained a court order which I'd assume you'd defend?

I'd suggest you write another letter enclosing a copy of the first cancellation letter and asking for a copy of their letters received process/ record book in the gym in question. if they don't have a system for recording receipt of letters, how can they show they never received it?

(Also, just ignore the unhelpful posts, they're only looking for attention - as other have said if this site is so boring why bother reading it let alone replying!)

dmg24

mpython wrote: »

As others have said, having proof of delivery would solve the arguement but there might be other ways to show you cancelled the contract. Have you a copy of the letter saved on your computer? if so, what does it show as the last saved or edited date (May?), that would support your claim that you wrote it, even if it doesn't prove you sent it. A judge would consider whether in all the circumstances, having written that letter and saved a copy, would you have sent it, especially as you were moving and you can show you paid the 3 months notice.

regarding the debt collectors, they can only do that after having obtained a court order which I'd assume you'd defend?

I'd suggest you write another letter enclosing a copy of the first cancellation letter and asking for a copy of their letters received process/ record book in the gym in question. if they don't have a system for recording receipt of letters, how can they show they never received it?

(Also, just ignore the unhelpful posts, they're only looking for attention - as other have said if this site is so boring why bother reading it let alone replying!)

Proof of writing and saving a letter is not proof of sending it.

A debt can be passed to a debt collection agency without a court order.

The obligation is on the sender to show proof of posting, it is not for the recipient to prove that they did not.

Sorry x

smcaul

dmg24 wrote: »

Proof of writing and saving a letter is not proof of sending it.

That's correct, but, courts and the Police often send letters by normal 1st class post, these are deemed to be delivered unless you (the recipient) can prove otherwise - if it's good enough for the courts and Police it is good enough for us.

mpython

Thanks for your post DMG24 but I think I said the saved file would support the OP's claim even if it doesn't prove it was sent - I was looking for secondary evidence that would help the OP. Without sight of the contract we do not know whether the sender or the gym has to prove it was sent or not delivered for the termination to be be effective/ void, but again, if there's an absence of a recording system, jumping to the assumption it wasn't sent isn't a reasonable defence.

I'll have to defer to you on the baliffs/ court order issue, I just thought these kind of civil disputes had to be established in court before the heavies could come knocking.

Pagan98

Unless the T&Cs state that proof of delivery is required, I would argue that you have complied with the terms of the contract by sending the letter.

I suggest you send another letter to the gym, copied to the debt collection agency, stating that you dispute the alleged debt as you cancelled the contract in accordance with their terms and conditions. The onus is then on them to prove otherwise.

If they take you to court you have fairly convincing circumstantial evidence - you only cancelled the DD 3 months after moving away from the area. The date of moving is presumably documented, and it would be bizarre coincidence to move and then cancel the DD after the required notice period without having first sent the cancellation letter. Your subsequent letters state your position and, as long as you are a credible witness, in my opinion you should win the case.

robert_harper_2000

If you need to cancel it quicker I thought I had read through their T&C something about if you lose your job then you can cancel it immediately.

I haven't got the Terms to hand but I'll try and dig them out. You could of course complain to higher up!

Surely if you provided lists of names or people who explain DL told them they never received their letters, it could show that DL are finding excuses to force people to stay in contracts?

Check out consumeractiongroup.co.uk/forum too they are great at helping you with legal problems

uktim29

smcaul wrote: »

That's correct, but, courts and the Police often send letters by normal 1st class post, these are deemed to be delivered unless you (the recipient) can prove otherwise - if it's good enough for the courts and Police it is good enough for us.

When has that been good enough for a court case?

smcaul

uktim29 wrote: »

When has that been good enough for a court case?

Plenty of people have speeding convictions even though they claim never to have received the NIP.

uktim29

smcaul wrote: »

Plenty of people have speeding convictions even though they claim never to have received the NIP.

I was thinking more in terms of sending a payment via post or cancelling it.

pinkshoes

If it said in their T&Cs that you had to send it by registered delivery, then that's what you were supposed to do. They probably did receive it, but given the unreliable state of the RoyalMail, it's easy for them to say they didn't if it isn't sent recorded.

However... given that you'll have proof of moving address, this might help in your favour.

Could you not try and compromise with the gym and pay the £181 in return for 3 free months at your local David Lloyd gym, because from their records it should be obvious that you haven't used it, and also with your proof of moving... (use council tax records!)