David Lloyd Gym Membership

Jonesy1977

unholyangel said: Jonesy1977 said: facebylouise said: Jonesy1977 said:
Yes they can and did.  Isn't this site about helping people and giving advice, not making smug remarks?
No wonder so many people get ripped off by companies. People have lost the will to fight for their hard earned money. We are the customers, we are the ones whom keep them in business paying their wages and profits and if we collectively stand up to them when they try and shaft us, we can stop it. Collectively, we have power, individually we are a nuisance
All businesses need customers, If only people put as much effort into things like this rather than getting offended for dailymailesque garbage that does not matter we would even be discussing unfair terms like this.


You are right, I apologise, on re-reading that sounded rude, it was not my intention. I was making the point that they can and have done this, and explained why and how to all members and detailed on their website.  No one has been charged whilst membership was suspended and this FOC approach can be extended by members until September, they have discounted August to make up for the last week in March If you return and they clearly explained that the membership was suspended and will be resumed when they open.  I think that have been fair (I am a DL member) and I am also sure that the circumstances as they are have been checked by their legal council.  To your point regarding us ‘being the customers and paying their wages” I reiterate no one has paid membership fees since March so no one is materially out of pocket, therefore there would be no legal case to answer IMO. Not every organisation has it's own legal counsel. I can guarantee you that what they are trying to do is not legal and wouldn't be enforceable. It conflicts not just with one provision of the CMA's unfair contract guidance, but several. The whole reason we (consumers) have rights that can't be opted out of is because traders have a very long established history of taking advantage of consumers & having terms that protect the trader but offer no real value/protection to the consumer. 

Why else do you think the CMA released a statement saying that customers are entitled to a full refund/to cancel where goods/services aren't provided as agreed due to covid and shouldn't be misled or pressured into accepting a voucher, credit or rescheduling? It's not because DL are acting within the law. 


https://www.moneysavingexpert.com/news/2020/03/coronavirus-help-and-support/

There are two separate questions here, 1 being the 12 month contract issue and the second being the rolling contract issue.  I have sympathy with the OP (12 month contract issue) but regarding the rolling contract I do not think there is any issue for DL to ask for three months notice post suspension (neither do they, and neither does MSE Martin by the looks of things)  if you are on a rolling contract your membership was unilaterally suspended, free of charge.  You will now have three months notice to leave and as such you will be no worse off, this is your decision based on the new levels of service that they can provide.  You have a 10% discount on your membership (25th July to 31st August) to compensate for the last few days of March (which will make you materially better off) you also have vouchers and or discounts offered as further compensation.  DL continued to provide a level of service, (online classes) which have also been free of charge.  
I personally would not cancel my direct debit as suggested on this thread as I believe DL have acted reasonably and that a court would agree but I appreciate the other posts point of view regarding CMA. 

Martin: 'We need to show patience, compassion and forbearance, even to companies, at this time'

PS I am a member at DL, I don't have any allegiance to them, I just want them to survive (I just like my club)