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Direct Debits not being taken, how long do they have to claim the back payments

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Hi,
I currently pay for gym membership via dd and back in June they accidentally cancelled it. I have informed them of this and filled out a new mandate with them twice but they still have not taken the payments owed. They have not stopped me attending but I am worried about a sudden large payment being taken and really just want it sorted. I have spoken to them several times in person, phoned up and emailed them but it still has not been sorted. Can anyone tell me how long this can legally go on for i.e. how long do they have before they no longer have a claim on the back payments. I am happy to pay what is owed but I am also fed up of waiting for it to be sorted so hope if I go to them with my rights it may spur them into action at last?
Thanks

Comments

  • ceredigion
    ceredigion Posts: 3,709 Forumite
    Eighth Anniversary 1,000 Posts Photogenic
    6 years
    ...........
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    If they don't take the DD after 13 months the instruction should lapse and it would need to be set up again, but anecdotal evidence suggests that it doesn't always happen. As ceredigion says, they have 6 years in which to pursue a debt through the courts, after that you'd still owe the money but if you don't pay there's nothing they can do about it.

    Just to add, if you are expecting the monthly payment to go out then if you simply don't touch that amount the money will build up in your account and be available for them to take when they do ask for it.
  • pinkdalek
    pinkdalek Posts: 1,355 Forumite
    Tenth Anniversary 1,000 Posts
    Frustrating for you. But would they not have to give you 14 days notice under the guarantee scheme as it would be different amount, possibly a different day of collection to?

    You are not disputing you owe them the funds, you've tried to get them to sort it but they seem rather shoddy with their admin.
  • mark55man
    mark55man Posts: 8,209 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    How about just leaving the gym and joining another locally.

    Put the uncollected money aside, as I see you are wanting to do the right thing. Maybe threatening to leave will get the wheels in motion

    Alternatively, how about paying by cheque
    I think I saw you in an ice cream parlour
    Drinking milk shakes, cold and long
    Smiling and waving and looking so fine
  • YorkshireBoy
    YorkshireBoy Posts: 31,541 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    pinkdalek wrote: »
    ...they seem rather shoddy with their admin.
    Indeed. And that would worry me if I'd signed two DD mandates recently, because there's every chance such an organisation could present them both!
  • Is this a local or national gym?

    There is quite a large national one nearby where people join in the main to use the swimming pool - they use D/D.
    A local gym basically one man and his weights uses S/O.

    Are you sure this has not happened here?
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