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Advice needed please

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Having problems with a gym membership which I would appreciate some advice on. Basically my son cancelled his membership but the gym kept taking the payments and took two extra (£70 in total). He told the girl on the reception and she said she would see to it and then made numerous telephone calls about it and eventually stopped the direct debit by going to his own bank.

Then asked nicely for a refund via phone, letter and email over several weeks and had no response. Finally sent a recorded delivery letter saying court action to follow within 7 days. Then had a phone call from them saying that my son ought to have filled in a form and that although she would ask the manager she doubted he would agree to a refund since he had not complied with their procedure.

That is the background, now should we write back saying that he was never given a form in spite of numerous attempts to tell them he wanted to cancel and they can explain their procedures to the Court? Or should we just leave it and put it down to experience?

Comments

  • iceicebaby
    iceicebaby Posts: 3,633 Forumite
    Part of the Furniture Combo Breaker
    You could indemnify the direct debits under the direct debit guarantee scheme and get your money back that way
    Baby Ice arrived 17th April 2011. Tired.com! :j
  • Mrs_pbradley936
    Mrs_pbradley936 Posts: 14,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    iceicebaby wrote: »
    You could indemnify the direct debits under the direct debit guarantee scheme and get your money back that way

    No because he relied on the gym to cancel rather than the bank. As soon as he told the bank they stopped the payments but his authorisation was in place to take the other two.

    His argument is that they did not ask him to fill out a form or advise him of any procedures. In fact the only thing they have ever answered is the recorded delivery letter saying court action would follow.
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