David Lloyd - breach of contract?

[Deleted User]

LeighLady 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.

Is it worth a few of us using the same solicitor?  

Only if you have deep, deep pockets.

estherliaq

I, too have recieved a letter that I owe them £453.30 in outstanding payment.
After the three months freeze, i had a call that my direct debit had not gone through, I explained that I was in a difficult position, I had to visit my parents in Cyprus who are elderly and i had not seen them since October 2019 due to the travel restrictions and finances etc. Now 22nd Ocotber i suddenly owe them all this money (including an admin charge of £75)
Now, i lost all my business due to the COVID-19 SITUATION. i am getting further and further into debt just to pay the bills andnow im borrowing money to buy food fir me and my son who is at school. my accounts are in overdraft, i am not allowed any more credit. i dont even have a car. Ive pawned my jewelry.
I have serious mental health issues and this has tipped me over the edge. I am thinking of sending my son to live with his father because i cant afford heating food or anything anymore,
Please Advise

sourcrates

If you have been impacted by coronavirus, and your circumstances have changed, then the gym should let you cancel your contract without penalty.

Remember, a gym membership is just another unsecured, non priority debt, and if push comes to shove and you cannot afford the payments, then just don`t pay, tell them you cannot pay, provide evidence to back up your case if you can, its a simple process.

The debt collectors are just acting on behalf of the gym, they are just 3rd party collectors with no financial interest in the clients buisness matters whatsoever, so they can just be ignored, always deal directly with the gym is you have a dispute to settle.

Any outstanding bill that remains can always be paid back at an affordable rate via the DCA, its never nessessary to repay the full amount all in one go, just because that`s what they tell you to do, also check "Unfair Terms in Consumer Contracts Regulations 1999".

More info here -

https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-gym-membership/

unholyangel

sourcrates said:

If you have been impacted by coronavirus, and your circumstances have changed, then the gym should let you cancel your contract without penalty.

Remember, a gym membership is just another unsecured, non priority debt, and if push comes to shove and you cannot afford the payments, then just don`t pay, tell them you cannot pay, provide evidence to back up your case if you can, its a simple process.

The debt collectors are just acting on behalf of the gym, they are just 3rd party collectors with no financial interest in the clients buisness matters whatsoever, so they can just be ignored, always deal directly with the gym is you have a dispute to settle.

Any outstanding bill that remains can always be paid back at an affordable rate via the DCA, its never nessessary to repay the full amount all in one go, just because that`s what they tell you to do, also check "Unfair Terms in Consumer Contracts Regulations 1999".

More info here -

https://www.citizensadvice.org.uk/consumer/changed-your-mind/cancelling-a-gym-membership/

Not always a wise decision to just stop payments for a gym contract. This is because some gyms use credit agreements and if that's the case, simply missing one payment can impact on your credit history. 

If there's no credit agreement then they'd need to take you to court, you'd need to lose and you'd need to fail to pay within the time permitted by the courts (usually a month), in order to have it impact your credit record. 

qzr

Everyone being pursued by David Lloyd for 3 months notice should have a look at the Law Reform (Frustrated Contracts) Act 1943. When David Lloyd closed in March they effectively ENDED the contract between them and their members. They are asking and in some cases pursuing people to pay 3 months payments to give notice to end a contract that ended in March! DONT pay them, if they have taken money go to Gov.co.uk and sue them in the small claims court quoting the above Act. I've done it, didn't pay the 3 months they're insisting upon and I also got a refund for the days in March when they closed plus costs and interest. David Lloyd is now owned by a large investment group who are only concerned with money, at my club they are currently pursuing a lady I know who has very little money, I have made her aware of the above but she seems scared to take any action and will probably pay them. I think many will do this and David Lloyd are relying on it. Look up the above Act and sue them. If you just ask not to pay and quote the Act they ignore it and insist on payment, you have to sue them and the more that do it may make them adopt a more reasonable stance.They are fully aware they should not legally be getting 3 months payments for people to leave they are trying to frighten them into paying. The only people who may have problems are those who have been back since March (could be argued you restarted the contract) but if you were not aware your contract was ended, and David Lloyd have kept this quiet and certainly won't tell anyone, you may still have a case.