DDR cancelled / Card details held by Originator !!!!

So_Sad_Angel

Ok ...here goes...my first question on this board.....please keep reading folks it is relevant.

Right...just cancelled a DDR to Fitness First £25.99 a month. Trouble is they have my card as back up payment !!! This was from the first instalment that they `said` had to be by card payment. I have tried to cancel this before & they just told me...` does`nt matter we will use the card details`....& they did too !!!

I only authorised the first payment by this method.....is that legal? will I have to report my card stolen to stop this payment ?

Angiexx

Extant

I suspect if you have a read-through your paperwork, you'll find they've worded it to allow them to do exactly this.

Gyms are not only used to people canceling part way through a contract, they expect it - so they'll seek alternative payment methods.

And don't be surprised if they come after you otherwise, either.

So_Sad_Angel

Hi BM....hope you are well Hun.

I agree that `continuous card payment` method is possible however I feel strong enough to dispute this as I was not explained or indeed given opportunity to read through the T&Cs.

If I cancel the card then that will surely block further requests..or will payments purely get redirected to debit my account. Btw it is still Barclays & my experience of Premier is that they will debit & ask questions later!!! I am not tied to 12 month membership either.

By debiting on the card they have bypassed the DDR Indemnity scheme too !! I can`t get them to cancel !!!!

Angiexx

Extant

Do you have a contract with them at all?

Are you meeting any stipulated notice periods? Have you given firm notice of cancellation in writing?

Is it a membership in arrears? I.e. you use the gym through June, and pay out on the first of July?

There is a way to solve this, but it's best to make sure they're not going to just chase you otherwise and create an even worse situation.

jambosans

So_Sad_Angel wrote: »

I agree that `continuous card payment` method is possible however I feel strong enough to dispute this as I was not explained or indeed given opportunity to read through the T&Cs.

If it is in the terms and conditions they don't really need to explain. You would have a hard time proving you weren't "given opportunity to read through the T&Cs", that's really your responsibility.

So_Sad_Angel wrote: »

If I cancel the card then that will surely block further requests..or will payments purely get redirected to debit my account.

A Continuous Card Authority can still go through even if you cancel the original card used to set up the payment.

So_Sad_Angel wrote: »

By debiting on the card they have bypassed the DDR Indemnity scheme too !! I can`t get them to cancel !!!

You can get them to cancel, you just have to play by their rules. If you are not bound into a minimum term contract then I can only imagine the reason for them not canceling is because you have not given notice.

Read your terms and conditions, if they require notice, send them a letter recorded delivery giving notice of cancelation of your membership. Contact them to confirm they have received the notice (you will have proof anyways if the letter is sent record). If they persist and continue to take payment you can raise a debit card dispute with your bank (if you have a Barclays account I'm sure BM will know the process). A dispute through your bank may not always resolve the issue, it could just be referred back to yourself to deal with. It's a difficult one to judge and I'm not sure if the Visa Debit Chargeback Scheme covers this.

If you have proof of the cancellation then there is little recourse for the gym to take.

So_Sad_Angel

Hi,

I have given notice in writing ( recorded delivery in April !!) & telephone. No response although on the phone they say that its agreed..Still have taken May & June already.

I have cancelled DDR...if it appears on card I shall contact debit card serivices again for disputed transaction.

Feel annoyed that by taking alternative `card payment` they are bypassing the rules of DDR`s...they have had 2 further payments so far because of this. Neither of which I agreed to!!

Angex

Extant

They're not actually bypassing the rules, as the rules don't state you cannot fallback to an alternative method of payment - a debt is a debt, and a contract does not usually specify a payment method, thus making their actions perfectly legal.

If you visit a branch now, you can request your authority be canceled for any CATS that may have been established, and have a new card issued, if it's not CATS. They might be able to attempt a charge back.

I wouldn't try and report this as fraud/disputes, though - under Visa rules, they will have 60 days to resubmit the transaction, and if they have something you may have signed and are not aware of, then the debits will go right back on.

jambosans

BarclaysManager wrote: »

If you visit a branch now, you can request your authority be canceled for any CATS that may have been established, and have a new card issued, if it's not CATS. They might be able to attempt a charge back.

Just out of interest - and assuming a CATS is a continuing authority payment - why would a Barclays Branch accept a cancelation request solely from the customer without perhaps going through some sort of disputes process? What differentiates a single debit card payment with a continuous debit card payment in terms of how they are disputed?

Extant

jambosans wrote: »

Just out of interest - and assuming a CATS is a continuing authority payment - why would a Barclays Branch accept a cancelation request solely from the customer without perhaps going through some sort of disputes process? What differentiates a single debit card payment with a continuous debit card payment in terms of how they are disputed?

If you have a CATS transaction that you have requested the company cancel, the branch can fill in a specific form which goes off to specific case handlers in Debit Card Operations who will block that merchant number from debiting the account again, and attempt a chargeback if possible (although the 60 days mentioned above still apply).

This is a Barclays-end block of the transaction, and is not a dispute in the sense that a chargeback for fraud is conducted, etc.