Help please - Debit Finance Collections LTD demanding payment

janeywoo

I am a newbie on here and think I know what the answer is but I'm furious and just need confirmation that Debit Finance Colections are saying the right thing.

I joined a kickboxing club last year for £30pm paying by direct debit. These DD's were collected by a company called Debit Finance Collections LTD. I am leaving the country to go travelling for a year next week so I let my instructors know this in February and they said that's fine just cancel your direct debit when you want to leave, which I did.

I have just had a letter from the DD collection company saying I have missed a payment and they want £40 to cover a £10 missed charge. When I called them to let them know they had got it wrong they told me that I had to give THEM 1 months notice and I am liable for 2 months payments, March and April even though I cancelled my direct debit and let my instructors know. My total charge would be £40 plus another month at £30=£70 when I haven't used the club since February.

I feel I have been totally caught out here as my relationship lies with the kickboxing company and not Debit Finance Collections, I do not know who this company is and feel trapped.

I am leaving the country next week and I'm inclined to ignore the letter but I am worried about what will happen in my absence. Similarly the same thing happened to another kickboxing student who chose to ignore the letter from November and she has not been contacted since - however I don't want to have bayliffs coming round or get blacklisted for this!

So my questions are:

1. Are Debit Finance Collections allowed to do this? (I'm sure you will say yes as it says 30 days notice on the small print of the DD form)
2. Are my kickboxing club liable to pay this seeing as they gave me false advice?
3. If I choose to pay, do I have to pay the additional £10 charge?
4 What will happen if I don't pay?

Any advice is appreciated!

phlogeston

janeywoo wrote: »

...I let my instructors know this in February and they said that's fine just cancel your direct debit when you want to leave, which I did.

...I feel I have been totally caught out here as my relationship lies with the kickboxing company.

1. Are Debit Finance Collections allowed to do this? (I'm sure you will say yes as it says 30 days notice on the small print of the DD form)
2. Are my kickboxing club liable to pay this seeing as they gave me false advice?
3. If I choose to pay, do I have to pay the additional £10 charge?
4 What will happen if I don't pay?

Any advice is appreciated!

When you joined the club, did you sign any form of contract?
If so, do you still have a copy?
Who is your contract with and what are the cancellation terms?

Without knowing the answer to these questions, it is impossible to tell whether you owe any money.

janeywoo

I signed a direct debit form which also had a section called 'Month to month membership application form' on it, it says on there at the bottom "the payments will automatically continue on a month by month basis until terminated by me 30 days prior written notice of cancellation to Debit Finance Collections."

This is where they've got me I think :-(

I still have a copy.

Thanks for your help.

Tozer

It does sound like you ought to have given them the notice (in writing). Have you now done that?

Also the £40 missed charge sounds unlawful on very similar basis to the bank charges reclaiming (i.e. a penalty).

phlogeston

janeywoo wrote: »

I signed a direct debit form which also had a section called 'Month to month membership application form' on it, it says on there at the bottom "the payments will automatically continue on a month by month basis until terminated by me 30 days prior written notice of cancellation to Debit Finance Collections."

This is where they've got me I think :-(

I still have a copy.

Thanks for your help.

Not necessarily...

Could you scan the form (blank out any personal details) and post it on the forum.

A direct debit form is not a contract for services. The additional wording you have quoted just refers to the payments, not the service that Debit Finance Collections are contracting to provide.

janeywoo

I will try and scan in over the weekend, thanks for your help guys.

LinasPilibaitisisbatman

janeywoo wrote: »

I will try and scan in over the weekend, thanks for your help guys.

Why waste your time

Its quite clear you didnt do what it clearly said you should do, pay up and accept that in future you nead to read things.

Tozer

LinasPilibaitisisbatman wrote: »

Why waste your time

Its quite clear you didnt do what it clearly said you should do, pay up and accept that in future you nead to read things.

Bull. How very unconstructive.

Yes, it is likely that the OP is bound in to provide notice and should ensure that written notice has now been provided.

But £40 for a cancelled DD? Worse than a bank.

LinasPilibaitisisbatman

Tozer wrote: »

Bull. How very unconstructive.

Yes, it is likely that the OP is bound in to provide notice and should ensure that written notice has now been provided.

But £40 for a cancelled DD? Worse than a bank.

Wrong the OP is being asked for £70.

1 x £30 for the month that bounced
1 x £30 for a months notice
and a £10 fee for dealing with the bounced DD etc.

Entirely fair

Tozer

Rubbish. If it were me, I would be claiming constructive notice, that the charge was not contractual and even if (which is not accepted) it was in the contract, it was penal in nature as not being a genuine pre-estimate of the loss likely to be suffered.

Apples2

You've just learnt kickboxing so you won't get bullied anymore!!

Wade into their Offices like Jackie Chan and give them all a good !!! Whooping