David Lloyd Contract

Caphen

Morning,
Looking for advice really.
Last year my partner and I joined our local DL based on my partners income while he was working shifts (which was a 33% increase in pay), this came with a minimum term.

Since then cost of living has spiralled (my energy bill was £600 this last month after govt discounts), and my partner has been removed from shift by his company (immediately with loss of pay) - so he can't afford the membership and I can't absorb the cost (£160 pcm). I'm already going into my overdraft and creditcard every month and unable to clear them off fully.
I gave notice to DL which they didn't acknowledge and a month later (after the most recent payment) I cancelled my direct debit as I fundamentally can't pay for it.
I've spent the last month arguing with DL that this consitutes a change in circumstances - but beyond showing them the bills I don't have any other evidence.

the just respond to every email telling me that I am in contract and unless I can provide evidence of redundancy, insolvancy or income support (which I can't) - there is nothing they can do.
However - (not allowed to post a link - so google David Shapiro David LLoyd) they have let other people out and thus are being inconsistent.

I've even quoted the CMA guidance at them.
“The Competition and Markets Authority advises that a gym contract is unfair if it doesn’t let a member cancel because they’ve had a change in circumstances which means they can’t afford the membership.” 

they just respond asking for the same documents - ignoring what I have sent them.
I'm at a bit of a loss as to what to do in order to pay them for the 6 months remaining on my minimum term.

Help!

Aylesbury_Duck

Caphen said:

Morning,
Looking for advice really.
Last year my partner and I joined our local DL based on my partners income while he was working shifts (which was a 33% increase in pay), this came with a minimum term.

Since then cost of living has spiralled (my energy bill was £600 this last month after govt discounts), and my partner has been removed from shift by his company (immediately with loss of pay) - so he can't afford the membership and I can't absorb the cost (£160 pcm). I'm already going into my overdraft and creditcard every month and unable to clear them off fully.
I gave notice to DL which they didn't acknowledge and a month later (after the most recent payment) I cancelled my direct debit as I fundamentally can't pay for it.
I've spent the last month arguing with DL that this consitutes a change in circumstances - but beyond showing them the bills I don't have any other evidence.

the just respond to every email telling me that I am in contract and unless I can provide evidence of redundancy, insolvancy or income support (which I can't) - there is nothing they can do.
However - (not allowed to post a link - so google David Shapiro David LLoyd) they have let other people out and thus are being inconsistent.

I've even quoted the CMA guidance at them.
“The Competition and Markets Authority advises that a gym contract is unfair if it doesn’t let a member cancel because they’ve had a change in circumstances which means they can’t afford the membership.” 

they just respond asking for the same documents - ignoring what I have sent them.
I'm at a bit of a loss as to what to do in order to pay them for the 6 months remaining on my minimum term.

Help!

Cancelling the direct debit was a mistake, it simply complicates things and doesn't cancel the contract.

I'm sorry to say that your changed financial circumstances are not reasonable grounds for you to cancel the contract.  You have a right to cancel with the contracted notice period, but unless your circumstances are those where special circumstances apply (redundancy, etc) then you have no right to end the contract without notice.  What they may have done for other people is irrelevant, it's the contract you agreed to that is important, and if they're not prepared to exercise any flexibility, you can't force them to do so.

What you can do is to a) make sure they retrospectively apply the cancellation on the correct date (assuming you did so in the manner that was required?) and b) talk to them about a payment plan.

Alderbank

As above unfortunately^.

Complaints about David Lloyd's harsh cancellation policy have been going on in forums like ours and ConsumerActionGroup for ten years and more. They seem to be less sympathetic than many other fitness chains. However at present every household in the country has been hit by energy cost rises so I can see why they would be unwilling to agree to that being grounds to break the contract.
Your bill of over £600 seems quite high? I grumble that last month's bill was approaching £200 for my 5 bed detached. 
You should look at the energy pages of this website to see if you could bring your bill down.

Wonka_2

Alderbank said:

As above unfortunately^.

Complaints about David Lloyd's harsh cancellation policy have been going on in forums like ours and ConsumerActionGroup for ten years and more. They seem to be less sympathetic than many other fitness chains. However at present every household in the country has been hit by energy cost rises so I can see why they would be unwilling to agree to that being grounds to break the contract.
Your bill of over £600 seems quite high? I grumble that last month's bill was approaching £200 for my 5 bed detached. 
You should look at the energy pages of this website to see if you could bring your bill down.

And on the other hand DL's energy costs are likely to have increased by exponentially more than the OP's but, as far as I'm aware, they've stuck to their side of the deal and not increased prices to those in contract

Can't imagine the OP is going to get much from them. Maybe time to put the membership/contract on hold for a period if they'll allow or borrow over a longer period to pay off the rest of the contract

sharpe106

I would look at your heating bill as well that seems incredible high. Also don't forget come feb/march etc it will be  getting warmer so you will not need as much heating. So that should go down.

As the above post I would be asking for a holiday period until your bills come down. 

Caphen

Aylesbury_Duck said:

Caphen said:

Morning,
Looking for advice really.
Last year my partner and I joined our local DL based on my partners income while he was working shifts (which was a 33% increase in pay), this came with a minimum term.

Since then cost of living has spiralled (my energy bill was £600 this last month after govt discounts), and my partner has been removed from shift by his company (immediately with loss of pay) - so he can't afford the membership and I can't absorb the cost (£160 pcm). I'm already going into my overdraft and creditcard every month and unable to clear them off fully.
I gave notice to DL which they didn't acknowledge and a month later (after the most recent payment) I cancelled my direct debit as I fundamentally can't pay for it.
I've spent the last month arguing with DL that this consitutes a change in circumstances - but beyond showing them the bills I don't have any other evidence.

the just respond to every email telling me that I am in contract and unless I can provide evidence of redundancy, insolvancy or income support (which I can't) - there is nothing they can do.
However - (not allowed to post a link - so google David Shapiro David LLoyd) they have let other people out and thus are being inconsistent.

I've even quoted the CMA guidance at them.
“The Competition and Markets Authority advises that a gym contract is unfair if it doesn’t let a member cancel because they’ve had a change in circumstances which means they can’t afford the membership.” 

they just respond asking for the same documents - ignoring what I have sent them.
I'm at a bit of a loss as to what to do in order to pay them for the 6 months remaining on my minimum term.

Help!

Cancelling the direct debit was a mistake, it simply complicates things and doesn't cancel the contract.

I'm sorry to say that your changed financial circumstances are not reasonable grounds for you to cancel the contract.  You have a right to cancel with the contracted notice period, but unless your circumstances are those where special circumstances apply (redundancy, etc) then you have no right to end the contract without notice.  What they may have done for other people is irrelevant, it's the contract you agreed to that is important, and if they're not prepared to exercise any flexibility, you can't force them to do so.

What you can do is to a) make sure they retrospectively apply the cancellation on the correct date (assuming you did so in the manner that was required?) and b) talk to them about a payment plan.

Thank you - I cancelled the DD as i didn't physically have the money to pay them (having given over a months notice)
They have told me a payment plan isn't an option, but I can ask again about that or a payment holiday (as sharpe suggests)

Caphen

Alderbank said:

As above unfortunately^.

Complaints about David Lloyd's harsh cancellation policy have been going on in forums like ours and ConsumerActionGroup for ten years and more. They seem to be less sympathetic than many other fitness chains. However at present every household in the country has been hit by energy cost rises so I can see why they would be unwilling to agree to that being grounds to break the contract.
Your bill of over £600 seems quite high? I grumble that last month's bill was approaching £200 for my 5 bed detached. 
You should look at the energy pages of this website to see if you could bring your bill down.

It used to be about £150 per month, as I am a solely electric household (no gas in the area). 
The actual bill was £828 pre govt discount, we did have -11 temperatures for over a week in the area which will have driven this up.
But never the less my DD has gone up by £250 this year.

DE_612183

I had issues with DL and cancellation, in the end some emails to their ceo were fruitful - I did lay it on a bit thick and their were medical grounds rather than just financial but it could be worth a shot.

If you physically can't pay - perhaps ask them what they would suggest?

Aylesbury_Duck

Caphen said:

Aylesbury_Duck said:

Caphen said:

Morning,
Looking for advice really.
Last year my partner and I joined our local DL based on my partners income while he was working shifts (which was a 33% increase in pay), this came with a minimum term.

Since then cost of living has spiralled (my energy bill was £600 this last month after govt discounts), and my partner has been removed from shift by his company (immediately with loss of pay) - so he can't afford the membership and I can't absorb the cost (£160 pcm). I'm already going into my overdraft and creditcard every month and unable to clear them off fully.
I gave notice to DL which they didn't acknowledge and a month later (after the most recent payment) I cancelled my direct debit as I fundamentally can't pay for it.
I've spent the last month arguing with DL that this consitutes a change in circumstances - but beyond showing them the bills I don't have any other evidence.

the just respond to every email telling me that I am in contract and unless I can provide evidence of redundancy, insolvancy or income support (which I can't) - there is nothing they can do.
However - (not allowed to post a link - so google David Shapiro David LLoyd) they have let other people out and thus are being inconsistent.

I've even quoted the CMA guidance at them.
“The Competition and Markets Authority advises that a gym contract is unfair if it doesn’t let a member cancel because they’ve had a change in circumstances which means they can’t afford the membership.” 

they just respond asking for the same documents - ignoring what I have sent them.
I'm at a bit of a loss as to what to do in order to pay them for the 6 months remaining on my minimum term.

Help!

Cancelling the direct debit was a mistake, it simply complicates things and doesn't cancel the contract.

I'm sorry to say that your changed financial circumstances are not reasonable grounds for you to cancel the contract.  You have a right to cancel with the contracted notice period, but unless your circumstances are those where special circumstances apply (redundancy, etc) then you have no right to end the contract without notice.  What they may have done for other people is irrelevant, it's the contract you agreed to that is important, and if they're not prepared to exercise any flexibility, you can't force them to do so.

What you can do is to a) make sure they retrospectively apply the cancellation on the correct date (assuming you did so in the manner that was required?) and b) talk to them about a payment plan.

Thank you - I cancelled the DD as i didn't physically have the money to pay them (having given over a months notice)
They have told me a payment plan isn't an option, but I can ask again about that or a payment holiday (as sharpe suggests)

But it sounds like you need to give six months' notice, not one month.  First thing I'd do is insist that the notice period clock started when you did notify them, if you notified them of your intention to cancel in the correct way, as set out in the contract?

They may be amenable to a payment holiday, and as pointed out in an earlier post, your utility costs should reduce as we enter spring.

MattMattMattUK

Caphen said:

Aylesbury_Duck said:

Caphen said:

Morning,
Looking for advice really.
Last year my partner and I joined our local DL based on my partners income while he was working shifts (which was a 33% increase in pay), this came with a minimum term.

Since then cost of living has spiralled (my energy bill was £600 this last month after govt discounts), and my partner has been removed from shift by his company (immediately with loss of pay) - so he can't afford the membership and I can't absorb the cost (£160 pcm). I'm already going into my overdraft and creditcard every month and unable to clear them off fully.
I gave notice to DL which they didn't acknowledge and a month later (after the most recent payment) I cancelled my direct debit as I fundamentally can't pay for it.
I've spent the last month arguing with DL that this consitutes a change in circumstances - but beyond showing them the bills I don't have any other evidence.

the just respond to every email telling me that I am in contract and unless I can provide evidence of redundancy, insolvancy or income support (which I can't) - there is nothing they can do.
However - (not allowed to post a link - so google David Shapiro David LLoyd) they have let other people out and thus are being inconsistent.

I've even quoted the CMA guidance at them.
“The Competition and Markets Authority advises that a gym contract is unfair if it doesn’t let a member cancel because they’ve had a change in circumstances which means they can’t afford the membership.” 

they just respond asking for the same documents - ignoring what I have sent them.
I'm at a bit of a loss as to what to do in order to pay them for the 6 months remaining on my minimum term.

Help!

Cancelling the direct debit was a mistake, it simply complicates things and doesn't cancel the contract.

I'm sorry to say that your changed financial circumstances are not reasonable grounds for you to cancel the contract.  You have a right to cancel with the contracted notice period, but unless your circumstances are those where special circumstances apply (redundancy, etc) then you have no right to end the contract without notice.  What they may have done for other people is irrelevant, it's the contract you agreed to that is important, and if they're not prepared to exercise any flexibility, you can't force them to do so.

What you can do is to a) make sure they retrospectively apply the cancellation on the correct date (assuming you did so in the manner that was required?) and b) talk to them about a payment plan.

Thank you - I cancelled the DD as i didn't physically have the money to pay them (having given over a months notice)
They have told me a payment plan isn't an option, but I can ask again about that or a payment holiday (as sharpe suggests)

When does the minimum term actually finish and/or what is the notice period (eg. minimum of twelve months then rolling one/three months), that would appear to be key?  If there is one or two months left that is a different position than if you have ten months left.

I echo others, £600 pcm would appear to indicate your energy usage is out of control, you should be able to save a significant amount from that figure, worth a trip to the Energy board.

Also, with things appearing to be as tight as they are it might be worth posting a Statement of Account (SOA) on the Debt Free Wanabee board, they will be able to help you find all the fat to trim in your current expenditure, you can then decide how you want to spend that money once you know what the actual figures are.

Brie

you said - I gave notice to DL which they didn't acknowledge and a month later (after the most recent payment) I cancelled my direct debit as I fundamentally can't pay for it.
I've spent the last month arguing with DL that this consitutes a change in circumstances - but beyond showing them the bills I don't have any other evidence.

What specifically did you tell DL when you "gave notice"?  That you were quitting?  And what does the contract with them say?  As I recall when we got into a bun fight with them we had already gone beyond 12 months so were on a rolling contract.  We needed to give them notice that we were stopping the contract but I can't remember precisely what the lag period was.  It may have been 3 months.  So check the T&Cs to see when precisely you can quit and no longer need to pay. 

Don't forget that during the interim period because you are still a member you still have full rights to use the club.  If they refuse you entrance that's because they say you are  not a member and non members do not have to pay.  Being in arrears doesn't automatically make you a non member.

As for proof of change in circumstances I would say a cut in 33% in pay is a significant one.  Does your partner have anything from his employer to state something about the shift change and thereby losing the shift allowance?