David Lloyd - breach of contract?

VMcI

I didn't want to pay the prices of a luxury gym to feel more stressed and anxious about going back to DL, and with wider worries about the financial impact of CV we started to look at things we could cut back on. We decided to home gym it for a while instead so I cancelled my family membership with DL on 7th May. Our contract says three months notice from the 1st of the following month, so we needed to pay fees up to 31st August, having not stepped foot in the place since March. Which in itself is annoying, as this is nearly 4 months notice. We had our fees frozen until late July when the gym re-opened and now owe them just over one months membership fees for a family of four. I contacted DL at the time and asked how I could be held to this part of the contract when they are clearly not in a position to deliver their side of the contract; i.e. the product that we signed up for is no longer available - no swimming lessons available, reduced class sizes etc. Stupidly perhaps, I thought that this would be dropped but it has now been sent to debt collection and I am wondering if anyone thinks I have a shot at getting out of it or if I just pay it. The amount has increased now due to admin fees etc and is nearly £500. Thank you.

jon81uk

Did you pay them for the three months notice?

VMcI

The three months notice were June, July and August. (May didn't count as a notice period as it was given on 7th not the 1st) Our fees were frozen in April, May, June and most of July due to lockdown, so we haven't paid anything since March. They are chasing August fees and one week of July.

Jonesy1977

You couldn’t cancel on 7th May. You will have received an email bounce back explaining why.  

VMcI

I did get a bounce back, but have since been told by DL that the date of cancellation counts from when I sent the email. In the contract it says from the 1st of the next month, so they have counted it as 1st June.

jon81uk

VMcI said:

The three months notice were June, July and August. (May didn't count as a notice period as it was given on 7th not the 1st) Our fees were frozen in April, May, June and most of July due to lockdown, so we haven't paid anything since March. They are chasing August fees and one week of July.

Seems like you were expecting to have to pay for August, so seems perfectly reasonable they are chasing for it.

Their terms state "We have the right to increase, reduce or withdraw certain facilities, services or activities in any of our clubs either permanently or temporarily (for example, to carry out cleaning, repairs, maintenance or security work)." So it would be reasonable for them to not offer swimming lessons etc, particularly in light of the pandemic.

I thought they would be chasing you for the equivilant of the three payments, if they only want the one (August) that seems exactly what you expected.

Time2Go_25

I think the only breach of contract here is yours. They haven't charged you for when they were closed, they've let you cancel from a point in time when they were closed and you are trying to get out of paying the 1 month and 1 week left in your 3 month cancellation term.

fish_fingered

https://forums.moneysavingexpert.com/discussion/6167679/david-lloyd-s-membership-freeze-question#latest
I am taking legal proceedings, happy to share my advice with you, actively engaging with other members who are also getting mistreated by David Lloyd. Rarely experienced such aggressive behaviour regarding what is a gym membership contract, dont be bullied, its clearly a strategy being used to intimidate members into accepting conditions which are not part of the original agreement.

jon81uk

fish_fingered said:

https://forums.moneysavingexpert.com/discussion/6167679/david-lloyd-s-membership-freeze-question#latest
I am taking legal proceedings, happy to share my advice with you, actively engaging with other members who are also getting mistreated by David Lloyd. Rarely experienced such aggressive behaviour regarding what is a gym membership contract, dont be bullied, its clearly a strategy being used to intimidate members into accepting conditions which are not part of the original agreement.

Except in this case, the OP has accepted  the three months notice that is part of the original agreement but then failed to pay the final month. They are just being asked to meet the original terms rather than being bullied into anything.

VMcI

jon81uk said:

fish_fingered said:

https://forums.moneysavingexpert.com/discussion/6167679/david-lloyd-s-membership-freeze-question#latest
I am taking legal proceedings, happy to share my advice with you, actively engaging with other members who are also getting mistreated by David Lloyd. Rarely experienced such aggressive behaviour regarding what is a gym membership contract, dont be bullied, its clearly a strategy being used to intimidate members into accepting conditions which are not part of the original agreement.

Except in this case, the OP has accepted  the three months notice that is part of the original agreement but then failed to pay the final month. They are just being asked to meet the original terms rather than being bullied into anything.

Yes, it is true that I accepted the original conditions. I assumed that once the product was unable to be delivered that the contract would change - I have been forced to cancel through no fault of my own, like constructive dismissal. I appreciate that it isn't DL's fault either.  I will likely pay the fee as I don't need the stress of taking it further.
I did notice this statement on a government website: 
"In some circumstances, due to lockdown laws, a contract cannot go ahead as agreed or at all, and is therefore ‘frustrated’. A contract will be frustrated as a matter of law if, due to no fault of the parties, something happens after the contract was entered into which means it can no longer be performed at all or performance would be radically different to what was agreed.

As a result, the contract comes to an end and, where consumers have paid money in advance for services or goods that they have yet to receive, they will generally be entitled to obtain a refund.

They will also not be required to make further payments."

If the contract has come to an end, the notice period would no longer apply?

LeighLady

fish_fingered said:

https://forums.moneysavingexpert.com/discussion/6167679/david-lloyd-s-membership-freeze-question#latest
I am taking legal proceedings, happy to share my advice with you, actively engaging with other members who are also getting mistreated by David Lloyd. Rarely experienced such aggressive behaviour regarding what is a gym membership contract, dont be bullied, its clearly a strategy being used to intimidate members into accepting conditions which are not part of the original agreement.

I have also received a debt collection letter yet no communication back from David Lloyd since trying to cancel in July when my club re-opened - they were not taking emails prior to that time. However, they are clearly in breach of their own terms & conditions from when I originally joined, i.e., if the swimming pool or gym are shut for a week or longer.  I belonged for three years. However, they told me each year is a 12 month rolling contract. What solicitors are you using? Is it worth a few of us using the same solicitor?