dL gym cancellation

flobalob1950

i joined DL years ago on a 3 month flexible contract which required 1 months notice. Years later, I questioned why I was paying more than my friend. I was told that I shouldn’t be and it would be reduced. I checked that the conditions would be the same and specifically mentioned 1 months notice., which they Confirmed. Now I have had to cancel and they say I need 3 months notice as I changed to their normal package. I was never informed verbally or in writing of any change in conditions and certainly did not sign anything. They are insisting 3 months still. 

pinkshoes

DL = David Lloyd?

Your friend was no doubt paying less because they were on a longer term membership with a longer term notice period. 

I think if you knew which package you were on you would have been able to look up the T&Cs about notice periods? Verbally agreeing to change the contract is still a contract. 

What is the cost of the additional 2 months membership, and what is this in comparison to how much you have saved so far on the new tariff? 

unholyangel

It is for the party seeking to rely on a term, to prove that term formed part of the contract. You can't be bound to any terms you weren't aware of at the time you entered the contract/agreed to the variation. 

However, getting DL to agree with that is a different issue. Gyms are notorious for unfair contract terms & unfair practices. It's why OFT had specific guidance for gym contracts over and above the generic guidance they offered (OFT ceased to exist and their responsibilities passed to the newly formed CMA).

The other thing you need to watch out for is that sometimes gyms have a set up where they effectively sell a years membership on credit agreement. Not paying when there is a credit agreement can affect your credit rating/be registered as you defaulting on the credit agreement.

If there's no credit agreement then technically you could pay them the months notice, cancel and wait to see if they send a court summons. However if doing so, I'd always recommend contacting them by email or letter to state that as the terms given to you stated 1 months notice, that no new terms were provided when you changed contract and that you were verbally assured the cancellation period would remain the same, that you will only be paying the months notice you agreed to pay unless they can present a legal basis for their claim of 3 months.