Should I tell the gym my direct debit has stopped?

ajr77

arthur2 wrote: »

If you have an agreement to pay by Direct Debit, then it is the gym's responsibility to collect payment, and if they repeatedly failed to do so, then they are on dodgy ground if they later attempt to collect back payments. If their admin system is shown to be "suspect" they could even lose their status as a DD originator.

If you choose to pay them the missing money, that is up to you. I personally would probably do so if it is a community or charitable gym, but might be more reluctant if it is a full-blown commercial money-making setup. As I said above, they were failing to collect - you weren't refusing/failing to pay.

I'm sure when I had a DD not taken I had a double payment taken next time. They did write to me to tell me they would do so. That's the thing about DDs vs standing orders isn't it: in the former the company has the power to take the money, change the amount etc, reinstate DDs cancelled by the user etc; in the latter you have the power to do so.

Talent

BobbyDennis wrote: »

I found this article very amusing.

Have you ever tried to cancel a DD with a Gym. They make you jump through so many hoops to do so and won't hesitate to pull you up to ensure you commit to the full term. Take the win from the Gym. I'm confident they have members who are paying a DD who are not going and are simply waiting for their 12/18/24 month contract to run it's course. Morally unethical but the fitness industry is an industry built on small print T&C's.

There are no problems stopping a direct debit. Just tell the bank or do it yourself if you have online banking. It's courtesy to tell the company also. However, there is nothing to stop that company, or any other company or individual that has your bank details to setup a new direct debit on your account. It is your responsibility to check your account often. The bank will reimburse you after a bit of hassle.

Talent

tgroom57 wrote: »

Not theft at all.
All goes back to the definition of Direct Debit - that the company asks for money as and when it chooses. Usually a DD is for a fixed amount, usually at set intervals- but the idea of a DD is that it can be for varying amounts and can vary the timing (read the small print).
Reasonably, its up to the gym to request the payment on a DD, and if they haven't done so (I would reasonably assume) you owe them nothing.

A direct debit is not for a fixed amount. However the company should inform you in time for you to cancel it before the increased payment is due. Standing orders are for fixed amounts and even these can be stopped by a simple call to the bank, or online. You may have to insist and quote the relevant legislation that has been in force for a couple of years at least. It's still courtesy to tell the company and unlike direct debits they can't restart it without your consent.

happyinflorida

Lucky you!

Ask your partner if they are paying it though - they may have forgotten to mention something to you.

Do not offer to pay as it is their error - if they are this lapse they lose.

Many gyms are a nightmare - people lose their jobs or become ill and cannot go but due to the contract they have, the gym refuses to let them off - so this one can be one of the very, very few that loses out.

Good luck to you.

Ebenezer_Screwj

Why are you still attending the gym when you are not paying for it? Also why are you asking the question? This is fraud and you know it.

jorok

under Direct Debit agreements it is up to the company to collect payments as and when it should. Don't feel guilty because they haven't kept up their side of the contract, but offer to remedy the shortfall now you know about it. It is up to them whether they collect back payment and collect the DD. properly. Under contract law you are not a thief.

chillie12

seven years ago my husband signed up bye one year and get second year free membership offer from our local gym. he basically got talked into it as due to his demanding unsociable job conditions he never went to use the gym. we tried cancelling but got threatened by court orders bcs they said you have signed a contract. LIVES got busy, LITTLE KIDS, WORKING COUPLE and 18 months later we realized money was still being taken from DD. I went to deal with it at the gym, cancelled, i asked for a six month refund and instead again I was threatened again by a court order. the refund we should have been entitled to we never got, neither did they answer to my question, that when my husband never showed up at the gym why did they call us to encourage him to go and see them, also I asked if his membership can be transferred in my name and I was not allowed that either. SO SERVE THEM RIGHT, I WOULD NOT BOTHER. PAYING THEM. I also felt betrayed and felt £600 was taken from my kids mouth...I still have the signed contract and all the other documents, if anyone knows what I can do?.