Harlands Direct Debit Charge

grumbler

See post #2?

YorkshireBoy

OP, re the gym, if you'd been a little proactive here (after all, you clearly knew you wouldn't have the funds and chose to do nothing!) and contacted them prior, they may have helped you under condition 13. Did you ever read the (fairly short) T&Cs you signed to say you had and understood?

As it is now, if they're unwilling to refund the £25 you'd need to take them to the small claims court, using the UTCCRs. I believe there's a fee payable, but if you win you get that back.


EDIT: Or maybe the FOS is an option? But go to them first, because if you've gone to court first the FOS won't entertain you. I assume you've already started the ball rolling with the gym and/or their payment administrators by making a formal complaint?

baldelectrician

YOU are in control of your bank account-
Request the companies to move your D/D to a specific day- I have all mine coming off on the 1st of the month (this is why money is tight at this time)


Can you pay the gym by standing order- you are in control then?
Then the payment processing company are not involved.

grumbler

YorkshireBoy wrote: »

EDIT: Or maybe the FOS is an option?

Are you sure FOS regulates gyms?

YorkshireBoy

grumbler wrote: »

Are you sure FOS regulates gyms?

I wondered if there was an angle on the payment services/application of penalty clauses (hence the question mark ).

jimjames

JazzJPH wrote: »

OK I'll try to steer this back on track.

I've been charged an admin fee that's apparently going to be taken without my permission next week. I don't want to pay it. MSE is all about saving money. I have weekly emails full of loopholes to save money. How can I save my money in this instance?

I've already suggested, but maybe you missed, that if you pay manually now the gym may be more happy to reconsider the charge as you are then up to date. But I thought the gym had said they'd get it refunded?

I've also suggested that you check the dates of the DD payments over the last few months, what were they?

JazzJPH

Yes the terms and conditions state a £25 fee, however as someone who has been involved in draughting up contracts I know a lot of things that go can't really be legally upheld. I'd imagine that's especially the case considering:

a) Genuine mistake, hasn't happened in the 3 years I've been with the gym
b) Penalty apparently only covers the letter they send stating I owe £25


DD dates aren't really relevant, I switched job, took my eye off the ball and didn't see the DD hitting me, plus any other month it wouldn't have mattered as I've had the money. As mentioned previously this month took all my savings and spare cash.

Bald electrician - I'm in the process of switching these dates. 1st is a good idea.
Jim - I don't think they'll do that. Harlands do the admin for many gyms, I'd imagine there's an agreement in place between them and the gym.

As far as I'm aware, charging customers a penalty cannot be upheld legally. The admin fee is a disguised charge. I'm almost certain I don't have to pay it, I was hoping someone who's been through this situation with Harlands would be able to advise.

agrinnall

JazzJPH wrote: »

As far as I'm aware, charging customers a penalty cannot be upheld legally. The admin fee is a disguised charge. I'm almost certain I don't have to pay it...

Then don't pay it, but don't come back here complaining when Harlands take you to court.

JazzJPH

agrinnall wrote: »

Then don't pay it, but don't come back here complaining when Harlands take you to court.

Chill. :cool:

YorkshireBoy

agrinnall wrote: »

Then don't pay it

Bearing in mind the DD pull will be initiated this coming Thursday *at the latest*, the only way to do that is to cancel the DDI with the bank or make sure there are insufficient funds in the current account on the 9th.

But look at what happened last time they did one of those.

OP, have you actually spoken to Harlands? I'm guessing not, otherwise you'd have said so in your OP. Wouldn't you think that would be a good idea? Maybe read up on condition 13 of your agreement beforehand.