Overpaid Standing Order

MykMallett

Hi,

This is, admittedly, my fault. I had a gym membership that I cancelled, I was told I needed to cancel the standing order. I went to do that, but I must have not done it correctly because now 2 months later I see I have paid the last 2 months and the SO is in fact still set up.

Anyway, I have asked the gym nicely and made it clear that this money is really needed. They've said they can't refund me. Is there anything I can do here? It seems a bit insane that they can't refund me when I have no membership and the money was taken today?

Mike

HappyMJ

Send them a letter demanding the money back..No point being nice any more. Then send a "letter before action" threatening court. If they still refuse to send you the money back take them to court....or write it off.

MykMallett

Apparently it is in the contract that I have to cancel the standing order, so from their position they will only refund if it's the bank that has made a mistake and 'its their policy not to refund'. Is this legal in terms of fair contract terms?

Thanks

visidigi

I can't see how that wouldn't be considered unfair. Putting the onus on you because their systems cannot stop taking payment when requested would be really questionable morally.

Follow the advice of Letter, LBA, court.

MykMallett

Thanks for the info people, I'll do that.

peachyprice

visidigi wrote: »

I can't see how that wouldn't be considered unfair. Putting the onus on you because their systems cannot stop taking payment when requested would be really questionable morally.


.

But the onus is on the OP, it's a standing order, not a direct debit, and can only be stopped by OP.

Although I do agree, it's unfair of them to keep the money if you've not had the benefit of the service.

halibut2209

So if the gym accidentally refunded someone more than they should, would they be happy for the person to keep it?

visidigi

peachyprice wrote: »

But the onus is on the OP, it's a standing order, not a direct debit, and can only be stopped by OP.

Although I do agree, it's unfair of them to keep the money if you've not had the benefit of the service.

I didn't explain myself very well, sorry.

I meant that their systems would still allow receipt of a payment into an account the subscriber and the vendor had agreed to close...

MykMallett

In terms of threatening them with court action, would that even be feasible?

peachyprice

visidigi wrote: »

I didn't explain myself very well, sorry.

I meant that their systems would still allow receipt of a payment into an account the subscriber and the vendor had agreed to close...

Obviously their bank account can't reject payments of closed memberships, which is pretty standard TBH, think of all the warnings people are given about checking DD/SO lists regularly, which is why in the T&C's it says the member has to cancel the SO. T&C's Op should have read before signing.

But again, it doesn't make it right that they're keeping his money.

JReacher1

halibut2209 wrote: »

So if the gym accidentally refunded someone more than they should, would they be happy for the person to keep it?

It would probably depend on the gym and their policy.

As we don't know which Gym and what the policy is we have no idea of knowing whether the gym would allow them to keep the money in the case of an over refund.