Direct Debit!!

Lavendyr

Gyms often hand out these long contracts without a get-out during, and unfortunately since your daughter is 18 she is a legal consenting adult and it was her decision to sign the contract. She is no longer a teenager, she is an adult and she needs to understand the consequences of signing up to things like this - I'm sure this situation will prove a good lesson for future!

gunslinger13401 wrote: »

She paid for the first month then realised that first she wasnt getting the service she was offered

This may be the bit you need to focus on if you want to fight the contract, otherwise she will be liable for the full cost of the contract. You could argue that the gym has not provided the service laid out in the contract and thus is itself in breach of contract. However be prepared for a long and drawn-out argument to settle this! I would also strongly recommend that you make sure your daughter does this for herself (with your support, of course) so that she learns how to deal with companies like this - again a valuable lesson to learn early.

gunslinger13401 wrote: »

So she went to the bank and cancelled the direct debit and was told that if she wanted to re instate the debit at sometime in the future she would have to come into the bank and authorise it.

If she does this while in contract and refuses to pay for the contract, the gym could sell her debt to a debt collections agency. The way forward is not just to cancel the direct debit as this will not make the problem go away - she will still owe the money until the dispute over the contract is sorted.

With specific regard to the Direct Debit issue, I was not aware that people could reinstate direct debits either, and as far as I understand you should be able to claim this back. However, I seriously advise that your daughter does not stop paying the gym until they have agreed to let her end her membership (if indeed they do), otherwise she could end up, as pointed out earlier, with missed payments and defaults against her name on her credit rating, and possibly worse.

mitchb

I believe your daughter should be able to cancel the DD at the bank by requesting the originator number is blocked from setting up any d/d's on her account. the originator number would remain the same as this identifies who the company are, hence they could reset it up. This would be unlike a reference number which the company can change whenever they wish to set up a new mandate.

I would then invoke the d/d indemnity process as she isnt getting the servcie she signed up for.

I would also let the Gym know the steps your are taking and the reasons you are taking them.