Payment taken from Cancelled Debit Card?

Okydoky25

Sat on hold to Halifax but wondered if anyone could help. Husband had a gym membership when we moved which he cancelled no problems as out of min contract. Cancelled the standing order our end. In mean time husband lost cash card so ordered a new one. 3 months later a debit card payment is taken from account (not STanding order Payment) from this gym. I call gym and they say they have no record of letter sent to cancel membership and needs to send again. If this is true why have they not contacted us or tried taking a debit card payment sooner?

Anyway they want us to send another letter but won't refund payment. I'm guessing bank will say to take it up with the gym but my question is should they have been able to take this debit card payment with old card details bearing in mind he's had a new card over a month now I would assume old was cancelled?

McKneff

Did he actually do the cancellation by letter. Do you have a copy, sent by recorded delivery etc.

Did you do a redirection of post to Royal Mail when you moved.
Letters would have gone to the old address.

Okydoky25

Yes I actually handed this in person and yes Redirection is still in place.

Update I have found out that when he got the original membership he actually used my debit card (it's a joint account) which now explains why they were able to take payment as I've still got this card. So next question can they take payment from my card without authorisation or because I'm married to the idiot is it still legal? I didn't sign the membership he did.

Thanks

meer53

Check the membership terms and conditions. There will probably be a clause in there about cancelling memberships and how they will claim payments if DD's are cancelled and amounts are still owed. It usually states that they will use whatever details they hold on record to claim the money. They would still be able to claim even if the card was cancelled.

Okydoky25

Honestly it does not state anything it is one sheet of paper with bank details on ( this is how I realised while on phone they were mine) its jut a cheap back street mens gym not big name place, all it says is that by signing 'I' authorise to take monies from 'my' debit card until contract is terminated. but obviously it's not his debit card it's mine and not my signature.

They have agreed to now cancel the contract and no more payments Will be taken but I'm still angry they took it even tho I know I handed over cancellation confirmation and they debited my card.

meer53

Your husband authorised them to take the money from your debit card by giving them your details originally. Why did he give them your details in the first place instead of his ? They won't be bothered whose details they have really.
If they never got your cancellation then they haven't done anything wrong really, always, always, check that companies receive your cancellation, don't assume they have, especially if you have an agreement with them for further payments.