HELP!! Cancellation of David Lloyd Gym

helloecho

Thanks for the warning not to ever use them!

It does seem out of line to me, as anyone can inadvertently 'agree' to terms and conditions without ever meaning or wanting to. It's one of my pet hates. Obviously it's up to people to read them before they commit themselves, but it's clear that many companies just put things in there because they know most people probably won't read them. I can't see any real reason why they need so much notice to cancel your membership. They just want this kind of thing to happen - it's easy money for them, and legal, because you've 'agreed' to the terms and conditions.

lisyloo

When has that been good enough for a court case?

This sort of case would be likely to be resoved in a county court.
My understanding is that the judge has to try and work out whether the OP is lying and didn't send the letter or whether David Lloyd are lying about not receiving it.
It's not a criminal case where evidence "beyond reasonable doubt" and DNA are required.
The judge just has to decide who to believe on balance.
Now what do you think the judge would say if there was evidence of lots of similar cases i.e. it looks like David Lloyd are extremently unforuntately with their loss of post.
The judge would then have to decide whether they are lying or whether they really have been incredibly unforunately with their post (and also only cancellation letters not received they never seem to loose their bills).

I think the OP could win in a county court but you have to weigh that up against the chance of a poor credit rating for 6 years.
Now if you don't need credit then fine, but if you ever want to re-mortgaage or get a credit card then think again.

As you now realise it's quite important to get a receipt.
There are various ways of doing this.

1) Go to the gym in person and get a written receipt (personally I would note date, time and name of person handed to).
2) Get a free proof of posting from the post office. This proves delivery but not receipt. Probably not good enough for this situation but added for general info.
3) Recorded delivery is 70p and requires a signature. You are given a receipt and you can check on-line that it was delivered.
4) Special delivery is about £5 and would cover more valuable items as compensation is higher.

I would hand in the letter personally if I was near the gym otherwise I would go for 3.

I think the situation is now marginal.
You can either tell them to take you to court and take evidence of many similar cases. I would prepare to present a case on the statistics of lost mail and show how many David Lloyd have lost.
The risk with this is getting a bad credit report and that's no small risk.
The other option is to pay for the 3 months and give them all the publicity you can on the internet or in the local paper.
If you have time on your hands do a flyer and stand outside the gym giving it out to people or put up posters outside the gym.

Bear in mind the court hearing will be in their local area (and that might be HQ) so it could be the other end of the country.

Sorry but I can't advise what you should do, just give you a few options.
I think you would have a chance in court but it depends whether the risks are worth it.

kennyboy66_2

I would get a copy of the current members handbook that will state whether they require proof of delivery. On the 2006 version I have, it merely asks for written notice.

Please also note that David Lloyd clubs routinely change there terms & conditions and never use registered / recorded delivery.

Your swipe card that you use for entry also means that you can demonstrate that you have not used the club during the relevant period.

Fo balance, people unfortunatly do try it on. If you had been a member for several years I know they are likely to be more sympathetic.

Desperate_D_2

I've had exactly the same problem! I canceled in March 08. I put the membership card in an envelope with a cancellation letter. The reception desk was not manned so I put the envelope on the keyboard behind reception addressing it to membership. The whole place is CCTV'd up so didn't think anything of it. Stupid old me.

They took my March and April DD amounting to 6 weeks rather than 1 months notice. I got my first letter in May. I called to sort out and the person who had written to me was not available and no one else could help. I asked them to call me back. No response. I got the second letter in July. Called and really kicked up a fuss on the phone. Again they promised to call me back. I wrote another letter that day and posted it. No response to the letter or phone call. I then get a letter from a debt collection agency threatening court action and demanding £169 in 'outstanding membership dues'.

I emailed the club with scanned copies of both letters and called. No response. I then email again and give them until 12.00noon the following day to respond by telephone. Again no response. I go to the club and refuse to leave until I speak to the manager. The manager produces a booklet containing all of the terms and conditions. At the end of the booklet there is a whole page about terminating. Again the same thing, it was my obligation to get a receipt for my termination letter. I explained I couldn't do that as the desk was unmanned. Another part of the terms and conditions conveniently covers this by stating that you also have an obligation to contact the club if you have not been contacted within 10 working days of sending your letter.

Basically they are refusing to budge and there is no willingness to negotiate. They want the £169 on top of the six weeks membership I gave as notice.As I handed the card back in the envelope with the cancellation letter so I haven't had access to the gym during this time.

I am absolutely furious about this. I asked for a copy of the terms and conditions that I signed as I do not remember there being any of these causes in the agreement. They could not immediately provide this but are posting it to me within the next few days.

I know you should read and memorise every word of the agreement, however, I did have a very friendly lady going through the agreement at the time explaining it for me (conveniently not that part). At the end of the explaination she asked me to sign so that I could use the club. It was a gym membership not a spanish time share - so I signed and thought nothing of it.
If they produce a booklet explaining the terms and conditions they should give it to you at the time you join not produce it when you get into dispute about leaving the club. I wasn't even given a booklet to take away.

I think this is grossly unfair and am not prepared to roll over on this without a darned good fight. I should not have to get a reciept for something I have hand delivered unless there is a serious problem with the company I am dealing with. This isn't just a letter they have lost or thrown away it enclosed my membership card. I send stuff by first class post to clients and providers all day long. Only a very very small percentage ever gets lost. Bit odd that David Lloyds terms and conditions make specific provision for such a rarity?

I agree that this is a scam! I have been paying the membership for over six months without going - why would I all of a sudden decide to stop paying and then go through all of this to get out of one months fees?

Any positive suggestions would be greatly appreciated.