Cancelled direct debit charges DFC

tpm85

Hello,

I recently cancelled my direct debit for a gym, at the end of September, which I go to on a Monday's and was paying by direct debit at £25 pcm.

I cancelled because I felt I wasn't getting my worth out of it due to reasons of me not being able to make it sometimes and to the fact that every bank holiday Monday is cancelled.

I cancelled and then sent a message to the guy I know through facebook - didn't get a reply so assumed he hadn't picked it up and I'd just let him know at the next session.

I then received a letter from DFC Bespoke Direct Debit Services on 4th October saying "We would like to inform you that we have been unable to collect your payment due on 1st October 2016 for the services of ... As you have missed a payment, please send us a cheque for £40.00."

I had no idea my direct debit was going through a third party so was a bit surprised to get this.

I then went to the gym to speak to the guy and said I had cancelled my direct debit and would like to start paying cash for the sessions. He said that was fine and I did so.

I then sent an email to the company on the 10th Oct about this saying how I had cancelled and was also unaware that I was ever paying through them and thought it was direct to the gym.

I then got another letter on the 24th Oct with an additional fee of £15 added on and also a threat that my service provider will suspend the services. I called and explained everything and they said they will get the guy from the gym on the phone and that should be fine. He didn't answer so they took my number and said they would call back once it is sorted. They never called.

Now on the 8th Nov I received another letter the total is at £70 and threatening to send this to the debt collection department. They also finish with "The paperwork you signed clearly stated you were required to give one month's notice in writing".

Should I worry about this? I would prefer not to pay as I never knew about agreeing to this and thought I was simply setting up a direct debit which could be cancelled anytime. I will try speak to the guy at the gym but worried they will still keep sending letters.

Any suggestions?

takman

Cancelling a Direct Debit doesn't cancel the contract it simply stops them collecting the money. This means that you also need to cancel in accordance with the contract you agreed to. You obviously didn't do this so you will have to pay the money you agreed to pay them.

wealdroam

tpm85 wrote: »

I had no idea my direct debit was going through a third party so was a bit surprised to get this.

tpm85 wrote: »

...was also unaware that I was ever paying through them and thought it was direct to the gym.

What???
Are you really saying that you set up a direct debit without knowing who you were paying?
Unbelievable!

tpm85 wrote: »

Should I worry about this?

No, there is no need to worry about this. You could just continue to pay this unknown company as you agreed to.

tpm85 wrote: »

Any suggestions?

Yes, cancel you contract in writing as described in your contract.

shaun_from_Africa

tpm85 wrote: »

Should I worry about this? I would prefer not to pay as I never knew about agreeing to this and thought I was simply setting up a direct debit which could be cancelled anytime. I will try speak to the guy at the gym but worried they will still keep sending letters.

A direct debit can be cancelled anytime but as stated by takman, cancelling a DD doesn't automatically cancel the contract associated with it.
Unless you get it sorted, more letters will keep coming and with each letter there will be a charge which will increase the amount that they are asking for.

unholyangel

Were you given a copy of contractual terms when signing up? If so, have a read over them and come back and tell us what they say about who your contract is with and what you need to do to cancel etc.

If not, reply back and tell them that - you can't be bound to hidden terms or terms you didnt have the opportunity to become acquainted with before being bound by the contract.

Gyms (especially management companies) are notorious for unfair terms, so even if you were given a copy of the contract terms, you might still have leeway if any of those terms are potentially unfair.

ETA: after reading shauns post above, you might also want to check any terms and what they say about late payment & what fees will be charged.

Undervalued

tpm85 wrote: »

Now on the 8th Nov I received another letter the total is at £70 and threatening to send this to the debt collection department. They also finish with "The paperwork you signed clearly stated you were required to give one month's notice in writing".

Did it or didn't it?

If it did then you entered into a contract and are bound by its terms.

If it didn't and you were not made aware of this term by some other reasonable means then you might have a case.