David Lloyd Membership - Updated Prices

s4r

Hello,

My David Lloyd club have recently raised the prices by more than the stated amount that may happen in their T&Cs section 18a which states:

”18. Changing your membership fees and this agreement

A. We may increase membership fees automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index or 3%, whichever is higher.”

I never saw the email informing me of this at the time, and only saw when the money was removed from my bank account. I wouldn’t be too fussed, but the general state of the equipment and facilities in my local DL means I’m not happy paying more and wish to cancel. I emailed to inform them this, their T&Cs and that I wouldn’t be serving the 3 months notice due to this and was told the below:

”We gave our members notice of the price increase on the 1st December 2022, giving members the opportunity cancel the membership if their increase was more than 4.8%, but they had to let us know before the price increase took effect.”

Now the email does not actually say we had to cancel before the increase, but surely they cannot enforce this because they “supposedly” put it in email. I must go by my contract T&C, and as this is breached I can surely cancel without my 3 months notice?

I believe they have let people who emailed in December cancel without the 3 months notice.

Any help is much appreciated.

Thanks

Shaun

Jenni_D

What do the T&Cs say regarding acceptable forms of communication? And can they prove that they sent you that email?

s4r

Jenni_D said:

What do the T&Cs say regarding acceptable forms of communication? And can they prove that they sent you that email?

Forms of communication to inform them of notice to cancel my membership? Email is one yes. Unless you mean for them, it doesn’t mention that. 

They have e-mailed me, I found it (originally couldn’t and asked them to prove it but they just said their records confirm it)

The email doesn’t give reference to a particular price change, or that I can cancel before payment date. It links you to a PDF where it states 

“Thanks again for being a member of David Lloyd Renfrew. Details of your membership rates for 2022, which will take effect from the start of the new year, are shown below.

TOTAL MONTHLY SUBSCRIPTION FEE FROM 01.01.2022 £****

There’s no need for you to do anything at all, but if you’d like to get in touch then the quickest way is with the app, where you can chat live, request a call back or ask a question.”

MattMattMattUK

s4r said:

Hello,

My David Lloyd club have recently raised the prices by more than the stated amount that may happen in their T&Cs section 18a which states:

”18. Changing your membership fees and this agreement

A. We may increase membership fees automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index or 3%, whichever is higher.”

I never saw the email informing me of this at the time, and only saw when the money was removed from my bank account. I wouldn’t be too fussed, but the general state of the equipment and facilities in my local DL means I’m not happy paying more and wish to cancel. I emailed to inform them this, their T&Cs and that I wouldn’t be serving the 3 months notice due to this and was told the below:

”We gave our members notice of the price increase on the 1st December 2022, giving members the opportunity cancel the membership if their increase was more than 4.8%, but they had to let us know before the price increase took effect.”

Now the email does not actually say we had to cancel before the increase, but surely they cannot enforce this because they “supposedly” put it in email. I must go by my contract T&C, and as this is breached I can surely cancel without my 3 months notice?

I believe they have let people who emailed in December cancel without the 3 months notice.

Any help is much appreciated.

Thanks

Shaun

Just checking, you say that they have raised the price by "more than the stated amount that may happen in their T&Cs". What was the original monthly amount and what is the new monthly amount?

s4r

MattMattMattUK said:

s4r said:

Hello,

My David Lloyd club have recently raised the prices by more than the stated amount that may happen in their T&Cs section 18a which states:

”18. Changing your membership fees and this agreement

A. We may increase membership fees automatically each year by up to either 1% above the rate of inflation according to the Retail Prices Index or 3%, whichever is higher.”

I never saw the email informing me of this at the time, and only saw when the money was removed from my bank account. I wouldn’t be too fussed, but the general state of the equipment and facilities in my local DL means I’m not happy paying more and wish to cancel. I emailed to inform them this, their T&Cs and that I wouldn’t be serving the 3 months notice due to this and was told the below:

”We gave our members notice of the price increase on the 1st December 2022, giving members the opportunity cancel the membership if their increase was more than 4.8%, but they had to let us know before the price increase took effect.”

Now the email does not actually say we had to cancel before the increase, but surely they cannot enforce this because they “supposedly” put it in email. I must go by my contract T&C, and as this is breached I can surely cancel without my 3 months notice?

I believe they have let people who emailed in December cancel without the 3 months notice.

Any help is much appreciated.

Thanks

Shaun

Just checking, you say that they have raised the price by "more than the stated amount that may happen in their T&Cs". What was the original monthly amount and what is the new monthly amount?

Originally £73, now £78.50. So an increase of 7.5%.

jon81uk

You need to give three months notice and can cancel.

"15.2 Increase in membership fees At any time, you can end your membership if we give you notice under A18 (‘Changing your membership fees and this agreement’) of an increase in your membership fee of more than either 1% above the rate of inflation or 3%, whichever is higher. The rate of inflation means the Retail Prices Index All Items 12-month percentage change published by the Office for National Statistics for the July before the date on which we give you notice.

You must give us notice in writing in line with A2 ‘Notice’. The period of notice is one calendar month for Flexible membership or three calendar months for Standard Annual and Standard Monthly membership."

UK Terms and Conditions December 2020 (davidlloyd.co.uk)

s4r

jon81uk said:

You need to give three months notice and can cancel.

"15.2 Increase in membership fees At any time, you can end your membership if we give you notice under A18 (‘Changing your membership fees and this agreement’) of an increase in your membership fee of more than either 1% above the rate of inflation or 3%, whichever is higher. The rate of inflation means the Retail Prices Index All Items 12-month percentage change published by the Office for National Statistics for the July before the date on which we give you notice.

You must give us notice in writing in line with A2 ‘Notice’. The period of notice is one calendar month for Flexible membership or three calendar months for Standard Annual and Standard Monthly membership."

Yes, so going by that the RPI percentage change over 12 months for all items was 4.3% in July 2021, which means they could increase prices by 1% over that in the following January. 

They have went above and beyond that with the 7.5% in my fees. I have now to pay that for the 3 months of my notice, despite it not being included in the T&Cs?

TELLIT01

s4r said:

jon81uk said:

You need to give three months notice and can cancel.

"15.2 Increase in membership fees At any time, you can end your membership if we give you notice under A18 (‘Changing your membership fees and this agreement’) of an increase in your membership fee of more than either 1% above the rate of inflation or 3%, whichever is higher. The rate of inflation means the Retail Prices Index All Items 12-month percentage change published by the Office for National Statistics for the July before the date on which we give you notice.

You must give us notice in writing in line with A2 ‘Notice’. The period of notice is one calendar month for Flexible membership or three calendar months for Standard Annual and Standard Monthly membership."

Yes, so going by that the RPI percentage change over 12 months for all items was 4.3% in July 2021, which means they could increase prices by 1% over that in the following January. 

They have went above and beyond that with the 7.5% in my fees. I have now to pay that for the 3 months of my notice, despite it not being included in the T&Cs?

Reread item 15.2.  It clearly states that if they give notice of an increase which is above either 1% over inflation, or 3% (whichever is higher), you can end your membership but have to comply with the notice period.  Presumably the longer notice period is due to a lower membership cost (it generally is). 

Check your paper/electronic copy from when you joined to see if the wording has changed.

Unfortunately, even if it has changed, and they can show that members were advised in the change to T&C you may still have no way of avoiding the payment.