Urgent Help Please: Direct Debit/Gym Membership failure

soooz

I decided to cut back on expenses as I was barely using my gym and the membership was an expense I could easily do without.

To my horror, they haven't been taking my direct debit properly so no money has come from my account since November 2009!!
I have used the gym not knowing this (not checking bank statements!) a handful of times in these years - I'd estimate about 10 to 15 times approx.

The gym are trying to be reasonable about this and have suggested I perhaps pay half (still almost £400!!) but I've asked them to consider the amount of time I've actually used their facilities.

My question is - am I in a position to suggest I ONLY pay for those sessions as it was their error?
Do I have a strong position for negotiating - say offering (once I've heard their offer) to pay a flat fee of £100 if they take this in installments?
I was honest in asking for the membership to be cancelled, according to the guy I spoke to at the gym, had I gone to my bank and stopped my dd I'd have realised I'd have had it all for free!

Help! I don't want to be paying a massive bill when the whole point of me stopping my membership was to decrease my monthly outgoings!

I'd be very grateful if anyone could tell me where I stand on this.

pcombo

So your trying to say you have never noticed that they didn't take funds out on the specific direct debit date.

halibut2209

What does that matter? I doubt they'd go to the gym if they knew they weren't paying for it.

Anyways, why wasn't the money going out? Whose fault was it? The direct debit guarantee may help you

Optimist

The gym are entitled to ask for the complete sum so half is a result. As they seem happy to negotiate make them a offer £200 maybe.

It is completely irrelevant how many times you have used the gym, the facilities were available for use.

soooz

Thank you for your responses - no I didn't notice it wasn't going out. It was set up by the gym staff and I had no reason to believe it wasn't all ok as I was able to log into the gym using my card with no problems. My bank say it was set up but they didn't take the money so it stopped being active.
Thanks re the suggestion for £200 offer - I'll see if anyone else has any suggestions but it seems that I am likely to have to pay for this.

somethingcorporate

My suggestion is if you are looking to cut back you should keep a better eye on your bank account. A 50% reduction in what you owe is a result.

InsideInsurance

You have no grounds for argument; you agreed to pay an amount per month and the fact they didnt collect it for one reason or another doesnt relieve you of your obligations. A 50% discount by them is generous, you could ask for more but then could lose that and end up having to pay the full wack that you are contractually required to.