Being chased by C.A.R.S for cancelled DD

tino2014

Hi guys,

Long time reader, first time poster...

Earlier this year I cancelled my direct debit for Nuffield gym as I had completed my 12 month initial contract and moved away from the area. I knew that they would not accept any telephone cancellation requests and ask me to go in to do it, but since I had moved away I figured I could just cancel the DD and they'd cancel the membership.

Today I received a call from C.A.R.S who are apparently a DCA and so I assume they are chasing payment for Nuffield (the call was out the blue and asked me to confirm my address so I refused).

As I have moved twice since I lived at the address Nuffield have, I didn't receive any letters and also assume C.A.R.S have an old address.

Looking at Nuffield T&Cs, it states:

8.4 If you have cancelled your direct debit without giving us notice
8.4.1 We will ask you to pay by cash, debit card or credit card. If you are not within any commitment period you agreed to, we will cancel your membership from the end of that month.
8.4.2 While you owe us payments you will not be allowed to enter your club or any of our other clubs. Once your payments are up to date you will be allowed to use your club or any other club. You will still have pay all monthly membership fees for the commitment period you signed up to.

There is no mention of passing on the debt here however under the section saying if Direct Debit details are wrong, they may pass the debt to an agency.

So I'm wondering what to do in this situation. Are Nuffield entitled to a) claim for payment beyond the initial contract period once DD has been cancelled, and b) allowed to pass on that 'debt' to an agency for collection?

Any advice appreciated!

GingerBob_3

How did CARS get your contact details? Regardless, email or write to them stating you owe nothing to either them or the gym, and they are not to contact you again. Also, ban them from approaching your property (WOIRA) if they have your current address.

tino2014

I assume CARS got my phone number from Nuffield as it's still the same as what Nuffield would have had.

Part of the problem is that I'm not sure if I do owe Nuffield anything. I read the terms in a way that meant I didn't, but I guess they see it differently but could just be trying to make a quick buck.

andyfromotley

- If you have cancelled your direct debit without giving us notice.
We will ask you to make the payment by cash, debit card or credit card. If you are not within any commitment period you agreed to, we will cancel

your agreement from the end of that calendar month. You will have to pay any monthly membership fees due until then. If you are within a commitment period, we will stop your access to the wellbeing club from the end of
the calendar month (or from the end of the next calendar month if part
way through a calendar month) and you will still have to pay all monthly membership fees until the end of the commitment period. We may appoint a debt-collection agency to collect any payments you owe, and you
may have to pay any associated costs, including court costs. Or we may choose to take the payment from your credit card or debit card using the credit card or debit card details you have given us.

I took this to mean that they can appoint a DCA if you owe them money due to cancelling your DD.

Looking at the wording you may owe them one month for the month you cancelled your DD. Ie your payment due in august, you cancelled DD for august, they cancel your membership from end of August (that month) you still haven paid them for August.

tino2014

Thanks Andy. Where did you get that from?

I was looking at:

nuffieldhealth.com/sites/default/files/inline/Fitness-and-Wellbeing-t-andcs-06-02-2014.pdf

which does not match above.

andyfromotley

Just a quick google, but no idea if they are the current ones.

https://www.nuffieldhealth.com/sites/default/files/inline/Nuffield_Health_Membership_Terms.pdf

tino2014

Yeah those are from Jan 2012, the link I posted is from Dec 2014 and doesn't include DCA for cancelled DD.

sourcrates

Hi,
A common misconception is that cancelling a direct debt, also cancels the contract, that is not always the case, cancelling your agreement with them, usually involves doing it in writing, or whatever method they specify.


You should write to the Gym, and admit your error, reiterate you no longer live in the area, ask for a resolution, and confirm your contract is cancelled.


You may find they will clear any outstanding debt, or at least reduce it, its best to remain reticent in these type of cases, admit your error, and beg for mercy.


If you don't ask, you don't get.