Unpaid DD - not my fault!!!

logmeinsucker

Hello

I recieved a call from my local Gym today informing me that due to system problems at their end my direct debit has not been collected for the last 5 months. Therefore they are now asking me for £250!!!!!!!

What is my position on this? I mean, yes, I have had the benefit of their services over the last 5 months but surely its entirely their fault for not collecting the money.

It would be great if someone out there could provide me with some legislative jiggery-pokerry to avoid this cost completely. However I am a realist and I suppose i will have to pay it, but maybe I can haggle with them and seek a payment plan that is suitable to me.

Any help will be hugely appreciated.

Regards
Al.

doelani

not sure of a way to get out of paying it but did you not notice this DD was not being paid?

Buttercup.x

doelani wrote: »

did you not notice this DD was not being paid?

It makes me laugh when people say oh i didnt know it was not being paid in some cases people really dont notice, but most of course they do wouldnt you?:rolleyes:

logmeinsucker

Buttercup.x wrote: »

It makes me laugh when people say oh i didnt know it was not being paid in some cases people really dont notice, but most of course they do wouldnt you?:rolleyes:

What does that mean?

Burlesque_Babe

what do your bank statements say? Did you notice anything amiss when you were checking them? It may be their fault they had system problems, but it was in your own interests to raise it as soon as you realised (ie the first month it wasn't taken)

Can't see there is any 'legislative jiggery pokery' to avoid paying - you owe them the money, but they may accept a reasonable payment plan over the next few months.

logmeinsucker

doelani wrote: »

not sure of a way to get out of paying it but did you not notice this DD was not being paid?

No I didnt notice the direct debit not debiting my account on a monthly basis. Yes, I should have checked my statements more closely but I would expect any commercial business to flag this up internally as soon as the first DD did not run.

So my question is, is the vendor entitled to demand the full amount in one payment or do I have rights to negotiate a payment plan?

Burlesque_Babe

if only commercial businesses were this organised though There are plenty of tales (it seems to be particularly gas and electric companies) where DD's are set up incorrectly or not set up at all and the customer has to then play catch up.

In days gone by, I did some BACS work where DD's were returned and I had to manually look at the reason why - insufficient funds, account closed, wrong account number or sort code. DD not 'being set up' was never on there because they weren't expecting it to be.

Your best bet is to write to them and offer a sensible plan (maybe the full amount over 6 months) and say you feel that they should accept this due to them not setting up the DD.

Also a lesson in statement checking

LilMissEmmylou

i think that because it was their fault they didnt collect it its unfair to ask for £250 all in one go and you should be able to pay it back in installments.

Buttercup.x

logmeinsucker wrote: »

What does that mean?

It means what it reads, Did you not even ever notice in the whole 5 months that they had not taken a payment? that you were X amount of money better off each month because this DD was not being taken? :rolleyes:

LilacPixie

Buttercup.x wrote: »

It means what it reads, Did you not even ever notice in the whole 5 months that they had not taken a payment? that you were X amount of money better off each month because this DD was not being taken? :rolleyes:

I must admit I rarley check our bills account mainly because all our DD's leave there and we have a fixed SO feeding it each month. The account is used for nothing else. I honestly could go 5 months without noticing a DD hadn't been requested but when the company concerned did come calling the money would be sitting the the bills account for PIF.

OP I cannot see a way for you to not pay this but if I was you I would try to get them to accept a payment plan or reduce the amout owed as a goodwill gesture.

Buttercup.x

LilacPixie wrote: »

I must admit I rarley check our bills account mainly because all our DD's leave there and we have a fixed SO feeding it each month. The account is used for nothing else. I honestly could go 5 months without noticing a DD hadn't been requested but when the company concerned did come calling the money would be sitting the the bills account for PIF.

OP I cannot see a way for you to not pay this but if I was you I would try to get them to accept a payment plan or reduce the amout owed as a goodwill gesture.

maybe its just me then our money is so tight that we notice every single penny going in and out :rolleyes: