Gym is taking me to Court

[MSSUFFERER]

Hi guys.

David Lloyd are taking me to Court. I went in wanting to try out their 3 month summer special to see if it was for me as I thought the pool might help with my MS. Unfortunately, the sales person signed me up to a year, and I agreed to this, because he said it was a much cheaper option and if I signed now, he could give me a huge discount.

However, after almost two months, I relapsed badly, couldn't use the gym any longer. Told the lady at reception verbally. Thereafter I ignored letters from both DL and all their other people ie. solicitors, hoping they would go away. I have recently received the form below. I know from reading this forum, I need to acknowledge service. Which is what I shall do shortly. I am currently off work with MS and have a doctors note stating i'm off due to MS. Do I have a leg to stand on? bear with me, i will post the redacted claim form.

[MSSUFFERER]

[MSSUFFERER]

Can't seem to get a clear picture on here. Using samsung galaxy s7. Have even downloaded a picture resizer

[MSSUFFERER]

[MSSUFFERER]

Phew. 1.5 hours later. I hope you can read that. Any help appreciated

[MSSUFFERER]

Sorry. I will add that I only visited for nearly two months but paid for three then cancelled direct debit

[Amethyst]

It's readable - thank you. The claim is a little misleading as it says for 'services rendered'.

Okay acknowledge the claim with intent to defend in full and send a SAR to David Lloyd - https://legalbeagles.info/library/gu...ccess-request/

Have you a copy of the agreement ? Probably want to ask for that with a cpr 31.14 request - to the solicitors Majorlaw - https://legalbeagles.info/library/gu...-of-documents/


Did you only verbally inform reception of your wish to cancel ? Nothing in writing at all ?

David Lloyd seem to do a three month then monthly deal OR a twelve month deal - you wanted the 3 months but were 'up sold' the 12 month contract which was contrary to your intention - so your defence will be around that sales process. Did you pay for three months before stopping your DD ?

Was oct 18 when you stopped payments ? Or would that have been when your 12 months would have ended ?

[MSSUFFERER]

Did you only verbally inform reception of your wish to cancel ? Nothing in writing at all ? Unfortunately, nothing in writing, no. I couldn't see or type. Lost feeling in both hands and eyesight was incredibly blurred due to MS attack.

David Lloyd seem to do a three month then monthly deal OR a twelve month deal - you wanted the 3 months but were 'up sold' the 12 month contract which was contrary to your intention - so your defence will be around that sales process. Did you pay for three months before stopping your DD ? Yes. Paid for three months, then stopped DD

Was oct 18 when you stopped payments ? Or would that have been when your 12 months would have ended ? I think it was when Payments were stopped. by me.

Thank you for your response by the way.

[MSSUFFERER]

Forgot to mention. I emailed David Lloyd asking for the agreement I signed. They have emailed me this quite quickly.

[MSSUFFERER]

By the way I don't know what documents to ask the solicitors (majorlaw) for as they've not mentioned any in the particulars of claim.

[Amethyst]

Could you send me a picture of the agreement and terms please. Either upload here or email admin@legalbeagles.info.

[Amethyst]

The POC ( seems to be full 12 months being claimed)


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From the agreement



212BD99F-2934-446C-AA92-C1607795F56C.jpeg

And terms....


ADC9CA1D-FDD8-44EB-BC18-CAD389C85836.jpeg

[Amethyst]

However, after almost two months, I relapsed badly, couldn't use the gym any longer. Told the lady at reception verbally

There are no terms stating the notice must be given in writing or by any particular method. There is a part about 'suitable evidence' but that isn't defined. In cases of health it does seem the three month notice period is disapplied and membership ends on last day of the month that notice was given.

You made it clear when signing up you only wanted a trial run to see if it helped - they pushed you into the 12 months. You informed them in month two? of your health worsening so would be unable to continue membership and you paid for the three months you had originally wanted.

Sounds like the starting point for a defence ?

Do a general Subject Access Request to David Lloyd - you need not put any specifics - the hope is that the receptionist did make some kind of screennote re your informing of your health deteriorating.

[MSSUFFERER]

Hello Amethyst. I did make a request to DL. However, they returned an email to me, with an attachment saying this is all the information they hold on me. When I clicked on the attachment, all it had was my name, address, phone number and email address. No notes, nothing.

Thank you for the above post. It certainly is good that the contract doesn't specify to give notice in writing. Should I complete section 3 of the form the Court sent, saying just that? What do you think?

[Amethyst]

You have acknowledged the claim with intent to defend havent you ? When is your defence due ? ( 33 days from date of issue printed on the claim form)

Will give you a hand to draft something xx

I think DL are fibbing on the SAR - they MUST have more data on you as they are taking you to court ffs... and they've already supplied a copy of your application ( which funnily enough contains data) .... will think on a response to that and a nudge that non compliance will result in a complaint to the ICO.