Hi, I bought my daughter a 3 month membership of David Lloyds in Dublin in February of this year, it was to end in April. I specifically stated at the beginning that we only wanted 3 months and was pleased that they offered such a membership, as my daughter was due to go away for the Summer and would not need a gym. We were not told at the time that we needed to cancel this 3 Month membership or that it would automatically roll over into a years contract. I was asked by the salerep if I would like to pay in 3 monthly installments and I answered that being a lone parent with no income I could not do this but would like to pay in full in cash. I always save and pay in full so as not to run up bills. She accepted and my daughter signed the contract. (we didnt read the small print but I did ask if there was anything we should know about ..we all simply laughed at the prospect of reading all the small print). My daughter went for a couple of days and then became ill and never returned. The club never even enquired why she was not attending. When the membership was up we simply accepted that it was just unfortunate that we spent so much money and got so little value. But then the trouble started we got phone calls saying we owed money. I phoned and let them know that we paid our 3 month membership up front and had no desire to start up a further membership. I discovered I was now talking to the head office in the UK and not the local club in Dublin and they said there was no such thing as a 3 month membership only a lead into a years membership. I claimed we were sold a 3 month membership and it had now ended and I wanted nothing more to do with the club. But now a letter came in looking for 367 euro of so called arrears. They are also saying that my 'direct debit instruction will be reactivated ..... this is a shock as I paid in cash, .... but I remember them asking my daughter if she had a bank account and she didnt so they wanted some bank details as security.... I had even forgotten that I gave them mine ..and I said we had very little money in it and no income ...but they promised that it would not be touched it was just for security.Please helpthank you XXXXX for my daughter Vanessa O'sullivan (18 yearsof age)
System of Law: EU
I tried to call and explain that we were only shopping for a 3 month membership and that that is what we understood David Lloyds were offering us. I requested by phone that they deal with it and stop callling me about it as my daughter did not want to renew or take up another membership with them. and we had stated this clearly at the start of the 3 month membership. I have also cancelled my visa card even though I am going on holidays on thursday as I fear they will take money out of my accon
Thank you for your inquire.
I think that the situation you describe can constitute an unfair commercial practice. It is true, indeed, that you should have read the whole contract included the small print before signing. But, on the other side, they should have required you to sign specifically all these small printed provisions.
For this reason and from this point of view, their behavior can be considered as an unfair commercial practice which is generally banned by EU law and national laws of implementations.
To solve your problem, I strongly recommend you to contact the National Consumer Agency in Dublin (4 Harcourt Road - Dublin 2 - Ireland) which will be able to directly advocate for free on your behalf against the Club.
I hope this helps. If it does, please do not hesitate to RATE and ACCEPT my answer. A bonus would also be very much appreciated. Like this, I can be compensated for my service with the amount you have already deposited without any extra charge for you.
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Solicitor - Ph.D. Doctor Europaeus in EU law
In ten days they will issue court proceedings unless I make a payment. I have cancelled my visa card which they say they have the right to access, but this will constitute a decision not to give them any extra payment and so do Ineed to state this in writing. I have not communicated with them in writing yet, just phone calls
Thank you for following-up.
You should contact a lawyer - even the one from the consumer office - to reply them in writing. Just speaking with them is not enough as you will not have proofs to demonstrate your reasons. And you have a good point against them!
The lawyer can answer the letter they have sent you and, possibly, defend you into Court should they really decide to start the proceeding.
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I wish you all the best and...good luck!!
Dear Genevieve, I am sorry that you are not completely satisfied with my answer.I just suggested you to refer your case to a lawyer because this is the best way to claim for your rights. You should not understand my answer on JA as a substitute for the advice of an attorney. As an expert on JA, I can not be your attorney, and the response above is not legal advice. Nonetheless, I might have misunderstood some parts of your questions. Please let me know if and how I could help you further.I look forward to hearing from you.Kind regards,Tiziana
Dear Genevieve,I hope my answer was of assistance to you. I would be very grateful if you could rate, accept it and agree for a bonus. Like that I can get paid for my job with the amount you have already deposited.I remain at your complete disposal should you need any further information.I look forward to hearing from you.Best,Tiziana
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