Rebecca O’Connor, Troubleshooter
Win tickets to the ATP finals
This is the first time that I have complained about pretty much anything, but I am absolutely shocked by how David Lloyd, a premium gym, has treated me over the past three weeks.
My partner has moved away from where I live to Finchley, North London, and I requested that her gym membership be transferred there and that my membership remain in Cheam, Surrey (we are on a dual membership). When I joined I was assured by a sales rep that, in the event of redundancy or relocation of either member, the contract could be cancelled.
This was in October during a round of redundancies so I made absolutely certain that cancellation would be possible. But when I asked to split the membership the company said that this was impossible. Now I want to cancel altogether, but it says that this is not possible either.
David Joshua, Surrey
Troubleshooter is never surprised to hear about a problem relating to gym memberships that turn out not to be as flexible as sales representatives suggest. You sent Troubleshooter the e-mail conversation that you had with David Lloyd staff. Truthfully, they were hardly rude, but they failed to take responsibility for the misleading information that you were given when you signed up, with one manager not very helpfully writing:
“I am not in a position to know what was or wasn’t said when you joined.”
This is such a blatant excuse for not dealing with your complaint that Troubleshooter is astounded that this person put it in writing.
David Lloyd said that by signing the contract you agreed to the standard terms and conditions of a “couple’s membership”, including a minimum 12-month contract and fixed-notice period at the Cheam club. Clearly, what you were told did not correspond with the small print.
As a gesture of goodwill, David Lloyd has now agreed that you and your partner can continue to use the Cheam club by switching to its Vantage Membership. This gives access to all David Lloyd clubs in the UK and Europe, entry to something called Celsius Spa, restaurant discount, a complimentary towel service and free guest passes. It says that you were happy with this, even though you had been ready to cancel. Make the most of those free towels.
Alliance & Leicester (A&L) applied more than £500 in overdraft charges after it sent me overdrawn. I am aware of the continuing bank charges court case and know about the waiver on refunds on disputed charges until July, but I do not feel that this should apply to me.
I had an A&L current account with the condition that £500 should be paid in each month. I opened a new account with A&L as it had an Isa attached but I forgot to close my old one and no money went in for two months. The remaining balance was £4 but A&L fined me £5 for underfunding, which sent me overdrawn. It then proceeded to charge me unauthorised overdraft fees. I explained the situation, but A&L refused to refund me.
After I wrote to complain I was told by the call centre that it could not put a stop on the account while I waited for a reply. The charges reached £549 and I still had not received one, so I called again and was told that I could put a block on the account after all. I received a standard reply letter saying that, because of the waiver, it would not offer a refund.
Sara Williams, Leamington Spa
The initial £5 charge applied by A&L, was legitimate, if petty. The problem is with the way that your complaint was handled thereafter. You should not have been forced to accrue further charges after your first phone call, when they were still only £74. A&L, now part of Abbey, deserves to be rapped over the knuckles.
Troubleshooter has highlighted what is at best inflexibility and at worst downright exploitation of the Financial Services Authority (FSA) waiver by A&L three times now. The FSA says: “If a customer is making a complaint about a mistaken charge — and therefore not complaining about the level, fairness or lawfulness of the charge — that complaint should not be stayed as part of the waiver.”
A&L refunded the charges and closed your account after Troubleshooter called.
In November we bought a Liberty Oak wooden floor from Allied Carpets for £630 for our children’s playroom. I contacted Allied in February because the floor was worn under my children’s computer chair. My children, aged 8 and 10, weigh 4st 8Ib and 5st respectively and should not be able to wear out in eight weeks a floor with a 25-year guarantee. Allied refused to help because the chair caused the damage. I do not believe that the floor is fit for purpose. Allied should have made it known at point of sale that it was unsuitable for homes with portable furniture.
Sharon & Colin Bookham Guildford, Surrey
At first, Troubleshooter encountered the same intractability, being told by the PA to the chief executive, no less, that Allied would deal directly with you. It certainly did, telling you that you would have to take it to the small claims court.
Allied told you that you should have used felt pads on the chair, but it did not say this at the time of purchase, nor did the floor come with aftercare instructions. Eventually, the chief executive himself contacted Troubleshooter and explained that the supplier of your floor, Balterio, is a new supplier, and while new floor instructions usually include aftercare guidance, yours did not. Balterio is now adding this to all its leaflets and Allied will replace your floor.
• To tell us your problems, visit timesonline.co.uk/troubleshooter or write to Troubleshooter, Times Money, Times House, 1 Pennington Street, London E98 1TB
Readers to the rescue
My hobby is photography and occasionally I do freelance jobs for friends and family at weekends, earning me no more than £500 a year. I did not fill out a tax return as it is such a small amount. Am I likely to get into trouble?
Mark Ellison
You will not be in trouble if you contact your tax office straight away and pay up. For such a small sum, you are unlikely to be fined. You will have set the record straight for the future — better than worrying if you are doing the right thing.
Rosemary Pettit
This all depends on interpretations of statute, which are not clear-cut. If you were taxed, it would come under self-employment rules, since you could be defined as a professional.
However, this term is left undefined by the Income Tax (Trading and Other Income) Act 2005. Given the small amount and this hazy definition, you should not lose too much sleep.
Nick Turvey
The £25 voucher winner
Technically, you have failed in your obligations to pay the correct amount of tax. It is your responsibility to request a tax return.
The tax is probably less than you think because you can set off expenses (such as travel) and capital allowances (to cover you for wear and tear on your camera) against the income that you have earned because your hobby is effectively a trade. But make sure you have receipts to back up your expenses.
On that basis, you would be better off phoning your tax office and explaining your situation and offering to start filing tax returns. It will be more receptive and less likely to threaten you with penalties if you are upfront about your earnings.
Abigail MCGregor
Expert’s view
The question is whether this is a hobby or a business. If it is a hobby and you are simply recovering some of your costs without ever expecting to make a profit, I doubt that the Revenue would be interested. It is possible, however, that something that started as a hobby has developed into a business from which you hope to make a profit. If that is the case, you are required to notify your local tax office, using form CWF1 within three months of the change to becoming a commercial trade. If you fail to declare your profits and tax is due, the Revenue can impose a penalty for your failure to do so as well as asking for the tax due and interest.
Mike Warburton Tax partner, Grant Thornton
Can you help?
E-mail troubleshooter@thetimes.co.uk with your answers to the following problem for a chance to win a £25 John Lewis gift voucher.
I have set up a Child Trust Fund for my four-month-old son and bought him some Premium Bonds, but I would like to invest more. I am particularly keen to find a savings product that allows parental control after he turns 18. Any suggestions?
James Thornos
On the brightside
Kamilla Whatling was delighted with the service offered by Joe Browns, the online clothing store.
She writes: “I bought a gorgeous leather jacket that had been reduced from £139 to £99. Before it was delivered I decided to look at it again online, only to see that the price had been reduced again — to £79.
“I e-mailed the customer services department to ask if it could do anything about the price change. Unbelievably, the company honoured the discount and refunded the difference.”
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
Enjoy further reading from Travel to Fashion, Business to Sport, discover more






36-month car lease
on contract hire for
£359.99 plus VAT pm
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
The UK's leading alternative to showroom finance.
Finance packages tailored to your needs.
Minimum loan of £15,000
Car Insurance
£12,578 per annum
The Independent Housing Ombudsman
London
Competitive
Barclaycard
Not Specified
The Sheppard Trust
London
£80-95,000
Clay McGuire Executive Selection
Moments from Battersea Park.
For sale with Winkworth.
See your free Experian credit report beforehand
Book now & save over £100pp.
11 cool resorts, lowest prices... Early Booking offers 15 Nov.
20% off selected Azores holidays taken in October with Sunvil Discovery
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.