Are we in the wrong?

2

Comments

  • simplydevine05
    simplydevine05 Posts: 220 Forumite
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    The fact of the matter is that a company cannot take a direct debit from your account if you did not authorise it. You did right with the indemnity claim. Don't worry about MIDDLEMAN, their threatening letters are actually illegal. They can send it to a debt collection agency if they wish who can not take any action against you at all. I had something similar years ago and it was also with a gym. Needless to say the debt collectors quickly gave up. Don't lose anymore sleep over it and to be honest I wouldn't even worry about court. It is extremely unlikely to go that far as it will cost them too much to persue. They may try more bullying but as others have said, tell MIDDLEMAN you will not communicate with them again and deal with BADGYM.
  • VexedandConfused
    VexedandConfused Posts: 8 Forumite
    Thanks simplydevine05.

    Yesterday I received a letter from a debt collection agency bolting on an extra £200 in fees for their trouble. (I notice from the address on the letter that they are based on the same floor of the same building as MIDDLEMAN)

    I have sent copies of the letters that I have sent to BADGYM and MIDDLEMAN to the debt collectors, stating that they need to resolve it between themselves. Gulp. Hope it's enough! :(
  • le_loup
    le_loup Posts: 4,047 Forumite
    The debt collectors and middleman are the same company. It's a common practice.
  • pmduk
    pmduk Posts: 10,655 Forumite
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    They can add as many charges as they like. The fact remains you don't owe anything.
  • VexedandConfused
    VexedandConfused Posts: 8 Forumite
    Nothing heard so far........
  • pmduk
    pmduk Posts: 10,655 Forumite
    First Anniversary Name Dropper First Post Combo Breaker
    pmduk wrote: »
    Tell them you won't enter into any further correspondence with them (and stick to it).

    If you've stuck with this then you've no reason to hear from them again.
  • macman
    macman Posts: 53,088 Forumite
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    Only the account holder can cancel a DD-not the payee.
    All the payee can do is to cease to draw on it, but if so it still remain 'active'.
    No free lunch, and no free laptop ;)
  • ALIBOBSY
    ALIBOBSY Posts: 4,527 Forumite
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    If they attempt court action don't worry-its extremely unlikely for anything under 4 figures tbh, you defend in full as you have you evidence and they haven't a leg to stand on. They should be sueing BADGYM, but these companies see individuals as a softer touch. Don't worry about them at all.

    Don't pay them a penny.

    Ali x

    I would expect letters back and forth a few times then they may well sell the "debt" onto another debt collector who again you tell to jog on.

    I would print physical copies of all your evidence and back up the electronic stuff as well and stash it away somewhere safe.
    "Overthinking every little thing
    Acknowledge the bell you cant unring"

  • mrmajika
    mrmajika Posts: 986 Forumite
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    The other thing to consider is whether or not the debt collection company have issued a default against your credit file with the credit reference agencies. If so, this will affect you being able to obtain any form of credit whilst you get the issue resolved.

    It might be wise to check.

    Best of luck.
    Whilst my posts do not constitute financial advice, I am always, without fail, 100% right! :D
  • Hazzanet
    Hazzanet Posts: 1,713 Forumite
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    edited 27 February 2013 at 11:53AM
    macman wrote: »
    Only the account holder can cancel a DD-not the payee.

    The payee can send an 0C transaction down via BACS that will cancel the mandate. The reason the bank will see is 'Instruction cancelled by Service User'.

    Also sending a collection request with a '19' transaction code will close off the DD instruction after the successful collection.
    4358
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