Exercise4less direct debit

al_banks

Afternoon all,

I was hoping for some advice, in it's simplest form we have been members at E4L for nearly 12 months, up until feb 2013 there were no problems with direct debit (d/d) payments, then we changed banks.

Since then E4L (and their collection company) have failed to collect the d/d for 4 consecutive months, the d/d was always live they just didn't bother to apply for it. Last month I even went to the length of shutting down and restarting a new d/d (as advised by E4L) to try to reset the system.

Since then they still haven't bothered to collect it, despite several visits in person to the gym to tell them about it.

Yesterday their collection company wrote to us saying that we were in default, owed them 2months' fees and that they had applied an additional charge. I marched down to the gym and was told someone would call me back who supposedly knew what they were doing.
Today they called and 'generously' offered to waive the charges and, to avoid another d/d mistake, "let me" pay the outstanding 2 months, plus next month's fees up-front over the phone. How kind? BTW I haven't been to the gym for the past 3 months because I just don't want anything else to do with them (plus I'm a bit lazy).

My question is, is this classed as breach of contract on their part and what action can I take/ liability do I carry?

Thank you in advance

Al