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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience:  Over 5 years in practice
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me and my wife joined david Lloyd gym last October,we paid

Customer Question

me and my wife joined david Lloyd gym last October,we paid upfront for the 12 months,i daughter came home from university after her masters in late October and decided she wanted to join david Lloyd too,so we went with her she filled in the forms but the payment monthly comes out of me and the wifes account same account as me and the wifes.i was giving 3 months notice at work in December and my daughter went to London to work voluntary for a 3 months internship.the wife thought we could continue with our contract and tell david Lloyd that our personal circumstances have changed and our daughter sent them a letter saying this.david Lloyd have been awful with dealing with this,basically saying that even though our daughters contract is paid for by us they say its nothing to do with us her membership,citizens advice say its our account and our daughter just uses the gym.therefore they are in breach of there contract.please can you explain if this is correct .thank you
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this

How can I help you with this please?.
Customer: replied 3 years ago.

if we fund our daughters membership out of our account even thought the membership is in her name is XXXXX XXXXX that I have lost my job sufficient change in personal circumstances to allow her to cancel her membership

Customer: replied 3 years ago.

we have a meeting at 3.30 today with david Lloyd please can you advise

Expert:  Jo C. replied 3 years ago.
Did you agree any cancellation rights please?
Customer: replied 3 years ago.

if you go onto the david Lloyd website you can see the membership terms and conditions for uk clubs


15 ending your membership early.


you lose your employment, which I did


we are satisfied that there has been a change in your personal circumstances,which means that it is no longer reasonable for you to use your clubs facilties or continue being a member.


We live on Teesside our daughter is now in London.I would just like to know is our daughters membership nothing to do with us even though we pay from our account and its our name on the direct debit david Lloyd instruction bank details

Expert:  Jo C. replied 3 years ago.

I'm really sorry but I'm struggling to understand what has happened here.

In short, you want to terminate your daughter's membership?
Customer: replied 3 years ago.

yes from the personal circumstances have changed


is my dad has lost his job and can no longer fund from his account my membership and I have move to London on a 3 months internship which is voluntary work

Expert:  Jo C. replied 3 years ago.
OK.

What was specifically agreed about the termination of her membership please? Normally with gyms you are locked in for a certain period.
Customer: replied 3 years ago.

yes she has a contract with the membership of the david Lloyd gym for 12 months but have we got anything to go on saying that the money comes out of our account and not my daughters therefore we pay and our daughter does not so if I have lost my job do we have a case or not ,citizens advice say if you pay a monthly fee from your account then it is your contract with david Lloyd your daughter just users there facilities .is this correct or not

Expert:  Jo C. replied 3 years ago.
Don't worry about what the CAB say. You don't end up working for the CAB because you were a brilliant student of law.

Is it a specific term of your account that you can cancel if your circumstances change?

Normally they only say they will consider a change of circumstances.
Customer: replied 3 years ago.

yes the t and c says if they are satisfied but giving the circumstances of my recent loss of employment and my daughter is in London on voluntary work is this not a unreasonably request from our daughter saying these circumstances have changed so therefore I cannot continue my membership

Expert:  Jo C. replied 3 years ago.
Would it be possible to tell me exactly what the terms and conditions say on that point?
Customer: replied 3 years ago.

15 ending your membership early.


 


you lose your employment, which I did


 


we are satisfied that there has been a change in your personal circumstances,which means that it is no longer reasonable for you to use your clubs facilties or continue being a member.

Expert:  Jo C. replied 3 years ago.
Are they saying that she can transfer to a David Lloyd gym where she is moving?
Customer: replied 3 years ago.

maybe but she has no money in her account to pay,


my daughter went to duham university hatfield college for her degree for 3 years,she then did her masters last year and only finished last October so in November she was unemployed ,now since January she got a 3 month internship with sport relief on a voluntary term,we are having to fund her rent whilst she is in London. surely her circumstances have totally changed.what else would they require to agree to cancel her membership

Expert:  Jo C. replied 3 years ago.
Well, the trouble with this is that you can't have it both ways.

Her membership seems to be dependent upon yours which means that effectively you that are locked in to pay for her for 15 months.

To leave early, it is still not particularly clear what the clause actually says and to give you any reliable answer I would need that information. If you are saying that all you have to show is that you have lost your employment then you would seem to be else do that.

If you are saying that there has to be a change of circumstances that satisfies them that you can no longer use the service then that is a different matter. Firstly, it's a rather subjective decision. Secondly, your circumstances have not so changed. The fact that you have lost your employment does not mean that you cannot go to the gym. You could try to argue that they should also consider her change of circumstances although I suspect they are saying that she can use a more local branch of the gym and ultimately the fact that she cannot pay is immaterial because the contract is with you.

If you do cancel early then the truth is that they probably will not sue and if they do then they would only get lost profit award rather than the full amount due under the contract.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

For final clarity the question that I am asking is:


Is the fact that I have lost my job and can no longer afford to cover her monthly gym membership sufficient grounds under her change in personal circumstances. The fact that she lives in London is virtually irrelevant apart from the fact that we are funding both her accommodation etc and her gym membership and can't cover both.


She does not, and did not at the time she signed up for the membership have her own means of paying this herself

Expert:  Jo C. replied 3 years ago.
Thank you. You have left a negative rating but asked for more information which seems inconsistent. I will be happy to carry on with this if the negative rating was a mistake. I know thats easy to do as I’ve done it myself in other categories.
Jo C., Barrister
Category: Law
Satisfied Customers: 69775
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

In answer to your question, its really as I've said. It depends exactly what the terms and conditions say.

If they refer to loss of employment as a stand alone ground then you could rely on that.

If they just say that they have to be 'satisfied' that its not reasonable for you to use their facilities then the loss of employment alone is not sufficient necessarily unless they are willing to exercise their discretion in your favour as you could still use the facilities.
Customer: replied 3 years ago.

This is not about our membership it is about our daughters change in personal circumstances ie me losing my job which pays for her membership..so arnt we just acting as a guarantor

Expert:  Jo C. replied 3 years ago.

How does that amount to a change in her personal circumstances? Its a change in your personal circumstances.

You are not just guarantees because her membership is dependent on yours.
Customer: replied 3 years ago.

ok I can see that but surely her father who is paying for her membership losing his job must imply a change in her personal circumstances doesn't it or am I totally missing something here

Expert:  Jo C. replied 3 years ago.
Well, possibly.

But the question is whether that is sufficient.

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