Gym overpayment-can they keep it?

Pinknose

My dh joined a gym in 2013, and in March 2014 cancelled the membership. However he forgot to cancel the direct debit, and between us we each assumed it was the other's bill. So the gym has received almost £200 of our money. In the information they sent him when he cancelled they say they "No reimbursement can be made for payments sent to us as a result of your direct debit not being cancelled by you."
I want to know if this is legal, or if's worth pursuing. Otherwise we'll have learnt a very expensive lesson...

browneyedbazzi

That sounds like an unfair contract term to me so I don't think they could rely on it. That said, rather than battling against the gym it would be worth contacting your bank and telling them that you cancelled with the gym (show them proof that you did so correctly as per the contract, after any minimum term expired) and therefore the direct debits after that date were not authorised - I think the Direct Debit Guarantee should kick in and the bank should give you the money back.

McKneff

browneyedbazzi wrote: »

That sounds like an unfair contract term to me so I don't think they could rely on it. That said, rather than battling against the gym it would be worth contacting your bank and telling them that you cancelled with the gym (show them proof that you did so correctly as per the contract, after any minimum term expired) and therefore the direct debits after that date were not authorised - I think the Direct Debit Guarantee should kick in and the bank should give you the money back.

Excellent advice..... let us know how you get on please.

tincans6

The responsibility for cancelling a direct debit lies with the beneficiary (in this case the gym) even though a customer can stop it themselves.

A direct debit is;

A customers' authority for beneficiaries to claim payments from the customers' accounts.

In this case the Gym has continued to claim money from you account.

The gym does not have a legal leg to stand on.

The direct debit guarantee (you see this everytime you sign a direct debit) provides;

"Refunds - customers are entitled to a full and immediate refund of any payment they claim has been taken in error."