Company failing to cancel direct debit

Katygail

I cancelled a membership in writing back in August. The notice period was one month, and they confirmed that my final payment would be taken in September. I foolishly forgot to cancel the Direct Debit with my bank.

In December I noticed they had been taking the Direct Debits each month still, so complained to the company and got a refund/promise that the membership had been cancelled. I also cancelled the Direct Debit with my bank.

I received an email yesterday telling me that my account is in arrears by one month as my Direct Debit failed. They want immediate payment. They clearly have not cancelled my membership.

I've written an email asking for an apology, confirmation that the membership is now cancelled, confirmation that I owe them nothing, and confirmation that my credit rating will not be affected and that their systems reflect that I have never made a late payment or missed payment.

I'm hoping they will resolve it, although have not yet had a response. I just wondered where I stand if this continues? I really don't want my credit rating to be affected by their incompetence.

Norscbu

and they confirmed that my final payment would be taken in September.

confirmed in writing?

Katygail

In an email. They replied to my cancellation request email confirming the final payment would be taken in September.

bigadaj

Katygail wrote: »

In an email. They replied to my cancellation request email confirming the final payment would be taken in September.

What comoany is it, gyms for example have a terrible reputation for cancelling membership.

If it's all recorded by email then you should be fine.

Katygail

It's a gym - Pace Healthclub. I'll give them a day to respond then go in and ask to see the manager. Will definitely make sure everything is backed up in writing though.

Thanks for your help.

austonic

Unfortunate this happened to you. I had a similar problem with a national chain a few years ago who had also confirmed in writing what the final payment date was. They took two more payments than they should have. (I had a bad habit of clearing out old direct debits only twice a year rather than as soon as soon as they should not have been needed.)

I raised it with my bank First Direct and sent them a copy of the contract (I always take a photo/scan as soon as I set them up) and forwarded the email confirmation. The bank refunded my money immediately and took the matter up what the gym given the failure of the gym to abide by the direct debit rules.

jonesMUFCforever

Katygail wrote: »

I cancelled a membership in writing back in August. The notice period was one month, and they confirmed that my final payment would be taken in September. I foolishly forgot to cancel the Direct Debit with my bank.

In December I noticed they had been taking the Direct Debits each month still, so complained to the company and got a refund/promise that the membership had been cancelled. I also cancelled the Direct Debit with my bank.

I received an email yesterday telling me that my account is in arrears by one month as my Direct Debit failed. They want immediate payment. They clearly have not cancelled my membership.

I've written an email asking for an apology, confirmation that the membership is now cancelled, confirmation that I owe them nothing, and confirmation that my credit rating will not be affected and that their systems reflect that I have never made a late payment or missed payment.

I'm hoping they will resolve it, although have not yet had a response. I just wondered where I stand if this continues? I really don't want my credit rating to be affected by their incompetence.

Just a thought - a lot of companies insist you sign up for a minimum of say 12 months. Was this clause in your terms and conditions and if so had you paid at least 12 instalments?

eskbanker

jonesMUFCforever wrote: »

Today 6:38 PM

Not MUFC forever enough to be watching the game on at the time (with your namesake booed throughout)?!

soulsaver

Had this with Sky end of December. Sky said the DD had to be in place to refund the balance (over)paid in advance (£5). Instead they took another full months subs.
FD refunded the DD next day, and cancelled it (after reading the statutory indemnity).
FD say Sky DON'T need the DD to do the credit, so I could have cancelled it earlier, too.

System

Is the gym membership even a credit product?
Otherwise, they'd need to sue you and win to affect your credit status.

Flobberchops

Katygail wrote: »

I received an email yesterday telling me that my account is in arrears by one month as my Direct Debit failed. They want immediate payment. They clearly have not cancelled my membership.

Hold up. Who are "they"? And which account?

If you mean your bank contacted to tell you that your bank account is in arrears then simply cancel the DD with the bank and ask them to return the payment(s) to you. Part of the Direct Debit guarantee is that that you're entitled to a "full and immediate" (see here) refund of any payments taken in error, so in your case that's all payments after September. Simples.

The bank staff will be able to do this for you. Less knowledgeable staff like cashiers may mistakenly tell you that you have to "take it up with the company" but this simply isn't true - one of the advisors can, and should, do an indemnity claim for you. They don't require any written evidence or "proof" for this as they're simply the middle-man, not the arbiters of the contract you drew up with the gym, so don't let anybody fob you off or tell you otherwise. If the gym feels you've taken back your money unlawfully they can take you to the small claims court, but since they've already admitted their fault this seems incredibly unlikely.

Bottom line: go to your bank, demand results. Good luck.