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  • FIRST POST
    • SJDB
    • By SJDB 3rd Jan 19, 10:41 PM
    • 5Posts
    • 0Thanks
    SJDB
    David Lloyd serving notice incorrectly
    • #1
    • 3rd Jan 19, 10:41 PM
    David Lloyd serving notice incorrectly 3rd Jan 19 at 10:41 PM
    David Lloyd terms:
    I cannot post links as I'm a new member but you can search their September 2016 terms on google.

    I just got my DD today and realised a 4% increase (112 to 118).
    It seems as though I may now give notice as stated in their terms 15.2.

    15.2 Increase in membership fees
    a 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.
    I've given notice as provided for in terms A2.

    Looking at 15.2 and 18b it looks as though flexible members get 1 month notice of a (larger than 1% or RPI+1% - greater of) price increase and need to give 1 month notice in return. Standard members are 3 months notice.
    I could have sworn I was not on flexible, but seem to have gotten only 1 month notice and not 3. Very confusing.

    Also, I received this "notice" in form of an HTML style (pictures embedded) email thanking me for being a member, asking me to click a link for 2019 information and offering me 2 guest passes. I've written to them and told them that I deem this notice to not have been served correctly as per their own terms
    2f If we need to give notice to you:
    • it will be effective if we send it to the address or email address we have in the records we hold
    about you; and
    • if we give notice during a month, our notice period will run from the first day of the following month.
    I have told them I don't deem their notice served. I gave them notice today, but also told them to deem MY leaving notice as being given on the email date (3rd December) as THEIR notice was not served correctly in writing and I only knew of the increase at 3rd Jan upon seeing the DD.

    The email:
    (The link I speak of is the "2019 membership info" part, which appears as an HTML image):

    Thank you so much for being a member of David Lloyd Bushey. Please click the link below for information about your 2019 membership.
    2019 MEMBERSHIP INFORMATION >
    We have uploaded two free guest passes to your David Lloyd Clubs mobile app and the members' area of the website to share the club with your friends this winter.
    On behalf of the team, thank you for your membership and we look forward to seeing you in club soon.
    Part of the text in link within the email:
    As we approach the end of the year, I wanted to share details of your membership rates for 2019, which will
    take effect from the start of the New Year. These are shown below.
    Sending me an HTML email with a "link" to click open within which there is a 2019 pricing table (providing actually no wording even explaining that it is NOTICE nor that it is an INCREASE) is very sneaky. It is at the very least not clear. I mean OK you ought to know your rates and if they have gone up, but this is sneaky in my opinion. What is the legal stand point on giving a NOTICE of this nature? Is it implied in this case? Just because the shown rate is higher than that of current?

    To what extent is this notice adequate.... or even served, guys/girls/confused people? Opinions?

    I have also put it to them that if they are going to email me, then why on earth would they not write in the body of the email, their notice, specifically defining a price increase and explaining that this is notice of such? Interesting to hear a response. Yes the link looks to be leading to a generated PDF addressed to me specifically, so they may say this link is tailored to the individual, though I see this to be unacceptable. Many email softwares and internet browsers will hide a HTML or a link. If they want to send a blanket email with some embedded/unclear/non-conspicuous (dare I say hidden) price increase - not my problem.


    Last rant:

    (See section "2 Notice")
    Their terms basically say that a MEMBER's notice to quit, following a large(r) price increase needs to be given on the 1st, though they will accept notice up to and including the 4th.
    The fact this sneaky price increase email was sent on the 3rd of the month at 6pm gives you what, 23hrs until the end of the 4th's working day, to read, identify the increase and respond in time to save yourself a month of increase?

    Their terms say all such price increases will effect from 1st of January.
    (The PDF in the email actually stated the price will begin from the "new year" - the Chinese or what?)
    Funny how they can give a price increase with less than 1 month's notice but you need to give a month, especially when they give you your increase in a hidden link in an email.... 6pm the day before you have a deadline to give notice that month.


    Sneaky little ......

    I work within finance (accountancy) so totally understand why terms are there, to protect business interests against all eventualities of a customer running from a contract, but contracts ought to be there to make things simple for both parties and understandable... expectations and provisions whereby standards are not kept either side, not to smash people up the backside. No ? You don't stuff your customers, right?
    Leaving these chumps regardless. I knew they were full of it when I first joined and couldn't get a straight price anywhere. Let alone the sales march around the premises. Lovely place but makes me feel a little crap inside when people try and screw me like this. I'm not a fan of this style of play.
    Last edited by SJDB; 03-01-2019 at 10:52 PM.
Page 1
    • SJDB
    • By SJDB 3rd Jan 19, 10:55 PM
    • 5 Posts
    • 0 Thanks
    SJDB
    • #2
    • 3rd Jan 19, 10:55 PM
    • #2
    • 3rd Jan 19, 10:55 PM
    Damn
    Just realised that RPI 12 month change at July 2018 is 3.2%
    Meaning they can increase up to 4.2%.

    Anyway, this can still be an interesting discussion regarding notice served... if anyone is feeling up to it.

    Maybe someone can check I read the RPI correct on the ONS site? That's some fiddly data over there.
    Last edited by SJDB; 03-01-2019 at 11:03 PM.
    • SJDB
    • By SJDB 9th Jan 19, 8:31 PM
    • 5 Posts
    • 0 Thanks
    SJDB
    • #3
    • 9th Jan 19, 8:31 PM
    • #3
    • 9th Jan 19, 8:31 PM
    Heads up - they gave 1 month notice for the price increase but should have given 3.

    They've therefore offered to cancel immediately and refund latest DD (for period beginning of price increase) !
    • BananaRepublic
    • By BananaRepublic 24th Jan 19, 11:34 PM
    • 1,412 Posts
    • 1,000 Thanks
    BananaRepublic
    • #4
    • 24th Jan 19, 11:34 PM
    • #4
    • 24th Jan 19, 11:34 PM
    This was on Money Box on R4 a few days ago. You might try Listen Again or whatever they call it. Originally they gave no notice, then gave one month. Apparently they can, something about a reasonable period must be given.
    • Jo Twickers
    • By Jo Twickers 5th Jun 19, 9:52 PM
    • 24 Posts
    • 0 Thanks
    Jo Twickers
    • #5
    • 5th Jun 19, 9:52 PM
    • #5
    • 5th Jun 19, 9:52 PM
    I was told of my increase on 3/12/18 to begin 1/1/19
    I just tried to cancel my membership, I had no idea I had to give 3 months notice! Outrageous! You only have to give a landlord 2 months notice if you’re moving!
    I’m wondering if I could use that as leverage to get out of my contract? I need to save quickly due to a change in my circumstances (although I really don’t want to get into that with my gym!!)
    Any advice very much appreciated!!!!
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