Overpaid Standing Order

Lokolo

Sorry to go against everyone, but I don't see why the gym should give any money back.

If the OP had not cancelled the SO and then was/were refused access to the gym then I can understand, but from the gyms point of the view, the OP was paying for a service on a monthly basis and its unlikely the membership was cancelled whilst the OP was still paying.

The OP has fully admitted that they didn't cancel the SO after being told.

The OP wouldn't win this if it went to court, I wouldn't think.

MykMallett

I had signed a form to cancel the membership, but no I of course didn't try and access the gym

OlliesDad

JReacher1 wrote: »

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.

It would likely to be an unfair term if the Gym could reclaim overpayments to the customer but not the other way around.

Lokolo

MykMallett wrote: »

I had signed a form to cancel the membership, but no I of course didn't try and access the gym

Ah, well then it would be worthwhile getting a copy of the cancellation form. That's more likely to work in your favour of getting your money back.

MykMallett

I'm absolutely certain it says on the cancellation form that I need to cancel the money on my end. I'm happy to admit that this is my fault, I just thought that as they pride themselves on being a family run independent, it's quite immoral that they would refuse to pay the money back.

JReacher1

OlliesDad wrote: »

It would likely to be an unfair term if the Gym could reclaim overpayments to the customer but not the other way around.

Probably depend on how its worded.

If the contract says you are a member of the gym until the standing orders stop being paid then that would mean that the OP hasn't overpaid. They have simply paid for an extra 2 months membership that they didn't use.

I suppose the question to ask the gym is were you allowed to use the gym for the last two months? If they had you cancelled and still took the money they should refund. If they didn't have you cancelled and you could have used the gym then I think you will have to write it off.

In future I would always check that any SO you have are cancelled. Leaving it 2 months seems a bit reckless. Especially when it sounds like you are a bit short of money.

ThumbRemote

MykMallett wrote: »

I'm absolutely certain it says on the cancellation form that I need to cancel the money on my end. I'm happy to admit that this is my fault, I just thought that as they pride themselves on being a family run independent, it's quite immoral that they would refuse to pay the money back.

It will say that you have to cancel the payment yourself as they have no powers to cancel a standing order.

The most relevant question is whether you had access to the gym during the last two months (even if you didn't use it). If yes, then they've provided a service which you've paid for, and you're unlikely to get your money back. If no (eg if you returned your membership card) then they have taken your money but not provided anything in return, and you should be able to get it back.

I suspect with a strongly worded letter before action they may reconsider.

agrinnall

I agree with ThumbRemote's assessment. I would also say that if they really told you that "they can't refund you" then that's obviously nonsense, because of course they can refund you, what they are really saying is they "won't" refund you - and I think they are wrong to say that.