Company claimed money, after cancelled direct debit?

homer01

Is this right? I was a member of the local gym, signed for 3 month's and was then told after this all I need to do in order to cancel my membership was cancel my direct debit. So I did, in November and they didn't try to claim the money - heard nothing from them.

Now today, they have took the £19.50 from my bank. I have not get a DD set up with them, so how have they taken this money? Should my bank have let them? Will I be able to get the money back? I am a single parent and cancelled the gym as I could no longer afford it

simongregson

You will be able to get the money back. Go to your branch and ask them to refund the money under the 'direct debit guarantee'

See

http://www.bacs.co.uk/BACS/Consumers/Direct+Debit/Your+rights/

For more details. Banks can be reluctant to refund the money, so be insistent and ask to see a manager if you get no joy from the first person you speak to. You should get the money back within a day or two.

Note that if you have signed a contract with a minimum term for the gym, they will still pursue you for the money, but they can't just fraudulently recreate canceled direct debits.

YorkshireBoy

homer01 wrote: »

was then told after this all I need to do in order to cancel my membership was cancel my direct debit.

Did the agreement/DDI also ask you to notify the originator?

willo65

Although you may get the money back initially if the gym makes a counter claim and says the money was taken correctly then it can be debited back to your account at a later date.

simongregson

willo65 wrote: »

Although you may get the money back initially if the gym makes a counter claim and says the money was taken correctly then it can be debited back to your account at a later date.

This is not the case if they have canceled the direct debit with their bank, although the gym can still pursue them for payment if they have signed a contract.

JohalaReewi

simongregson wrote: »

You should get the money back within a day or two.

The DD guarantee scheme says immediately which according to BACS means within 24 hours. Also make sure the bank refudns under the Guarantee scheme when claiming and don't get sidetracked by the bank saying Indemity scheme (the Indemity scheme is what the banks use internally but can take days).

willo65

simongregson wrote: »

This is not the case if they have canceled the direct debit with their bank, although the gym can still pursue them for payment if they have signed a contract.

I was assuming that the gym must have set up a new d/d and therefore this d/d wasn't cancelled.