Cancelled Gym membership direct debit going on for 9 months - help!

spudgun00

I joined Better Gym for a few months before moving on to Virgin gym.

Back in May 2015, I went into the gym and cancelled with them (I remember having to pay an extra month with them because of when I went in).

I've recently realised (I know I know) that I was still paying a direct debit with them of £49 a month. So that's June 2015 up until February 2016 where I've been paying for something that

a) I had cancelled
b) never ever used once.

Regarding a) - I can't find the 'receipt' that shows the cancellation and they are saying they can't do anything about it

Regarding b) there is proof that I've never used the gym and also proof of me paying for Virgin gym this whole time.

I'm kicking myself for not checking this properly as it was coming out of an account I very rarely use.

Anyway, is there anything I can do about this? They have stated that within the small print of the cancellation form, they say to cancel the direct debit. Anyway, I didn't and now I've paid them £441 for nothing.

I'm hoping that because this is a government funded operation, that there might be some good will but I haven't encountered that yet.

I've only been put through to the local membership people at the gym and on request of talking to someone senior, they have stopped replying.

Is there any legal weight I have?Small claims?

Basically I just want a refund.

ZenUK

Contact your bank. Under the Direct Debit Guarantee they will give you a refund.

Direct Debit Guarantee
The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits
If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request
If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society
If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to
You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the organisation.

spudgun00

So I rang up Barclays and they are looking into it. They say if the money isn't in my account by Wednesday to ring them up again. Fingers crossed.

chuckley

where's your proof of the cancellation?

spudgun00

Chuckley - I can't find that unfortunately. I cancelled and thought nothing of it afterwards. My bad.

spudgun00

Ok, so Barclays refunded me in full. Today I got an email from Better gym telling me that I won't be getting a refund. I refrained from replying that I just received it, just in case!! Very happy.

ZenUK

Great news.

Keep an eye on the post and emails from BetterGym. :money: