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    Cheeky sods at David Lloyds - cancellation issues

    We have been members at the local David Lloyds for 2 years. Due to work relocation we sent in a letter in June requesting to have our membership frozen. This was done for an inital period of 3 months.

    We then decided to relocate indefinitely abroad. I sent them 3 emails explaining this requesting to have the account cancelled. After 2 weeks of no reply, I finally got a response saying the account would be cancelled but not until end of December. I first emailed them late August, but I guess they counted their 3 months from whenever they decided to reply.

    I emailed back explaining this, and now got an email from their manger saying that in order to cancel they will need to bill me full membership for 3 months, asking if I want to reinstate the account! The cheeky sods!

    Does anyone know if this is even legal, and is there no clause for moving abroad? We are not even in that region any longer so paying full membership for 3 months would be ridiculous.

    25 Comments

    If their T&C state you need to give 3 months notice to cancel then you have no choice but to pay it.

    Your request to freeze the membership was in June, so that takes you to Sept.
    Add onto that the 3 months cancellation term takes you to December, which is what they are saying.

    Banned

    why is it so hard for fol to understand the fact that a contract is LEGALLY binding, and that they will be held to the terms and conditions of the contract?

    I can only assume that the OP didn't read the Ts & Cs before signing as they were probably more interested in using the jacuzzi than actually finding out what the pitfalls would be of signing said contract

    as Babba says - if the contract (which is legally binding remember) states that you must give 3 months notice to cancel then you will have to give 3 months notice to cancel and pay for those 3 months - regardless of whether you actually make use of the facilities during this notice period

    Nothing cheeky about it

    dimebars;6317078

    why is it so hard for fol to understand the fact that a contract is … why is it so hard for fol to understand the fact that a contract is LEGALLY binding, and that they will be held to the terms and conditions of the contract?I can only assume that the OP didn't read the Ts & Cs before signing as they were probably more interested in using the jacuzzi than actually finding out what the pitfalls would be of signing said contractas Babba says - if the contract (which is legally binding remember) states that you must give 3 months notice to cancel then you will have to give 3 months notice to cancel and pay for those 3 months - regardless of whether you actually make use of the facilities during this notice periodNothing cheeky about it



    Agree wih you but they were cheeky by asking to reinstate the account, i think thats what op was saying.

    Banned

    Starr;6317098

    Agree wih you but they were cheeky by asking to reinstate the account, i … Agree wih you but they were cheeky by asking to reinstate the account, i think thats what op was saying.



    how else would they be able to cancel a dormant account without re-activating it?

    dimebars;6317112

    how else would they be able to cancel a dormant account without … how else would they be able to cancel a dormant account without re-activating it?



    :thinking:

    Im gonna leave :whistling:

    Cancel the DD or cancel the card it's billed on and tell them to stick it...

    Flodd;6317453

    Cancel the DD or cancel the card it's billed on and tell them to stick … Cancel the DD or cancel the card it's billed on and tell them to stick it...



    Health clubs now pass unpaid accounts to debt collection agencies to recover funds

    If the OP is not coming back to the UK,then he can do this

    otherwise he needs to pay as per the terms of his contract

    boothy;6317513

    Health clubs now pass unpaid accounts to debt collection agencies to … Health clubs now pass unpaid accounts to debt collection agencies to recover fundsIf the OP is not coming back to the UK,then he can do thisotherwise he needs to pay as per the terms of his contract



    I'd take my chances... to be honest they're trying it on to wring the last few quid out of him, passing it to DCA will be a last resort and the cost of collecting it must outweigh the cost of 3 moths gym membership...

    Flodd;6317590

    I'd take my chances... to be honest they're trying it on to wring the … I'd take my chances... to be honest they're trying it on to wring the last few quid out of him, passing it to DCA will be a last resort and the cost of collecting it must outweigh the cost of 3 moths gym membership...



    the DCA buy the debt from David LLoyd for a lesser amount so David Lloyd have some money anyway,the debt agency will then add charges and constantly badger you for money,as they want to make as much as possible

    Flodd;6317453

    Cancel the DD or cancel the card it's billed on and tell them to stick … Cancel the DD or cancel the card it's billed on and tell them to stick it...



    Don't follow this advice, unless you want a whole lot of trouble.

    boothy;6317622

    the DCA buy the debt from David LLoyd for a lesser amount so David Lloyd … the DCA buy the debt from David LLoyd for a lesser amount so David Lloyd have some money anyway,the debt agency will then add charges and constantly badger you for money,as they want to make as much as possible



    Yep... about a £30 per £100, worst case scenario they'll offer a 60% reduction on the original amount for a one off payment.

    Babbabooey;6317646

    Don't follow this advice, unless you want a whole lot of trouble.



    I hardly think an unpaid David Lloyd bill is going to carry much weight with future lenders...

    Banned

    Flodd;6317453

    Cancel the DD or cancel the card it's billed on and tell them to stick … Cancel the DD or cancel the card it's billed on and tell them to stick it...



    great advice.........

    Flodd;6317590

    I'd take my chances... to be honest they're trying it on to wring the … I'd take my chances... to be honest they're trying it on to wring the last few quid out of him, ...



    they are not trying to wring anything other than their legal entitlement under the signed contract

    Flodd;6317804

    Yep... about a £30 per £100, worst case scenario they'll offer a 60% r … Yep... about a £30 per £100, worst case scenario they'll offer a 60% reduction on the original amount for a one off payment.I hardly think an unpaid David Lloyd bill is going to carry much weight with future lenders...



    you would be surprised at what counts against you in a credit search these days

    From their T's & C's...

    You can end your membership at the end of your initial term or at any … You can end your membership at the end of your initial term or at any point after the initial term by giving us at least one month's notice in writing. This means that the least you will have to pay for is the first three full months of your membership. The notice period will begin from the first of the month after we have received your notice.**

    dimebars;6317845

    great advice.........they are not trying to wring anything other than … great advice.........they are not trying to wring anything other than their legal entitlement under the signed contract



    You don't work for David Lloyd do you?

    dimebars;6317845

    you would be surprised at what counts against you in a credit search … you would be surprised at what counts against you in a credit search these days



    I wouldn't at all... Like I said earlier most debts will be taken on merit to see how much of a risk you are to the lender... an unpaid David Lloyd bill isn't going to put them off.

    Banned

    Flodd;6317869

    From their T's & C's...



    and those are the Ts &Cs that the OP signed are they?

    Banned

    Flodd;6317925

    I wouldn't at all... Like I said earlier most debts will be taken on … I wouldn't at all... Like I said earlier most debts will be taken on merit to see how much of a risk you are to the lender... an unpaid David Lloyd bill isn't going to put them off.



    You don't work as an underwriter do you?

    I have seen people fail credit checks for the most trivial of things

    Flodd;6317869

    From their T's & C's...



    David Lloyd in Notts is a 3 month cancellation period

    They also have 12 month contracts available

    dimebars;6317947

    and those are the Ts &Cs that the OP signed are they?



    Not a scooby... you usually this quick to look for an arguement?

    dimebars;6317965

    You don't work as an underwriter do you?I have seen people fail credit … You don't work as an underwriter do you?I have seen people fail credit checks for the most trivial of things



    No... I have a FA that takes care of those things... Perhaps you'd like to provide some examples?

    boothy;6317991

    David Lloyd in Notts is a 3 month cancellation periodThey also have 12 … David Lloyd in Notts is a 3 month cancellation periodThey also have 12 month contracts available



    Then he/she needs to ask them to provide a copy of his written contract and the T's & C's that go with it... then we can unpick it and find the get out that exists with practically every set of conditions...

    Original Poster

    slight correction guys:

    i got confirmation that my account will be frozen from july 29. but this just means I can't use the gym and there is normally a freezing fee too, which implies I am still techinically a member.

    Membership is due to be restarted on nov 1, but i gave 3 month notice to cancel on aug 29. so that means even if they do want to charge me the full amount from nov 1, i should have membership cancelled by dec 1.

    there is nothing in my T&C that states I must be paying the full price in order to start counting the 3 months, or what defines a 'full' membership.

    So whether they account for my relocation or not:

    1. 3 months notice as of 29/8 = membership should be cancelled by Dec 1 at the latest. It took them longer than 10 days to reply, but that is their problem.
    2. In view of the T&C there is nothing about freezing membership. Therefore they should not legally be able to extend the 3 month cancellation notice beyond the date in which I have sent in the request.
    3. When they say:

    "In order to cancel your membership it will need to be active, which means you will need to make three full months of payments to close the account."

    There is nothing in my T&C that states the above. Therefore asking me to "confirm if you would like this to start 1st October for three months, or to wait until the end of your suspension period" IMO is actually illegal.

    Under 'ending your membership':
    "....you may end your membership at any time by giving us 3 months' notice in writing. The notice period will begin from the 1st of the month after we have received your notice. You must give notice in writing addressed to the sales and membership manager of the club... We will confirm we have received the notice and the date you want to end your membership within 10 days of receiving your letter. If you do not receive confirmation within 10 days, you must immediately let the club know. It is your responsibility to make sure that we have received your notice..."

    What do you guys think?

    Flodd;6317453

    Cancel the DD or cancel the card it's billed on and tell them to stick … Cancel the DD or cancel the card it's billed on and tell them to stick it...



    As others have said, ignore this advice :thumbsup:

    Banned

    Under ending your membership seems to be cast iron in 3 months notice for which you would be expected to pay for so can't see what the point is? You signed up to the terms so have to live by them - as previously stated it's a legally binding agreement.

    Banned

    Flodd - if you're giving useless and wrong advice then expect an arguement

    And FYI I have seen folk fail credit checks for late mobile phone bills - not missed not unpaid but late

    dimebars;6319353

    Flodd - if you're giving useless and wrong advice then expect an … Flodd - if you're giving useless and wrong advice then expect an arguementAnd FYI I have seen folk fail credit checks for late mobile phone bills - not missed not unpaid but late



    Useless and wrong in your opinion... it would also be very unlikely that you'd fail a credit check for a late mobile bill so i think you're being a little dramatic... EDIT : I guess if you were under 20 and you're only form of credit was a mobile and you had little income you might fail on a late mobile bill... its a bloody big if though.

    dimebars;6319336

    Under ending your membership seems to be cast iron in 3 months notice for … Under ending your membership seems to be cast iron in 3 months notice for which you would be expected to pay for so can't see what the point is? You signed up to the terms so have to live by them - as previously stated it's a legally binding agreement.



    Christ on as bike... do you live your life by a set of t's & c's?

    Jonny_K;6318968

    As others have said, ignore this advice :thumbsup:



    His choice... but I'd bet his 3 months membership fee i'd get out of that contract without paying a single penny...

    Banned

    Flodd;6321492

    Useless and wrong in your opinion... it would also be very unlikely that … Useless and wrong in your opinion... it would also be very unlikely that you'd fail a credit check for a late mobile bill so i think you're being a little dramatic... EDIT : I guess if you were under 20 and you're only form of credit was a mobile and you had little income you might fail on a late mobile bill... its a bloody big if though....



    You asked for examples and i provided them - believe me it happens and even more so in the current climate


    Flodd;6321492

    Christ on as bike... do you live your life by a set of t's & c's?....



    No -one lives life by a set of T&C's but if i sign a LEGALLY BINDING contract then i would expect to be held to the terms there-in. Thats why they are there!

    dimebars;6323625

    No -one lives life by a set of T&C's but if i sign a LEGALLY BINDING … No -one lives life by a set of T&C's but if i sign a LEGALLY BINDING contract then i would expect to be held to the terms there-in. Thats why they are there!



    I think we should agree to disagree on this dimbars... Nothing personal and I don't want to fall out over something so trivial... :thumbsup:

    OP i googled "david lloyd +debt" and found plenty of people in a similiar postion... some did what I suggested some did what dimebarz suggested and some went with the babbarooney suggestion (i.e dont cancel the DD) perhaps if you contact some of them you can find an evidence of someone being let out of their contract early you can use that as a precedent...

    I wouldn't pay it but that's just my opinion...
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