unauthorised transaction from my current account

Argyll_2

I hope someone with banking experience can answer this.

I had a subscription with bannatynes gym in Falkirk. I cancelled the contract mainly because I didn't think it was worth the money as I couldn't get on half the machines when I wanted. I complained but it fell on deaf ears.

I cancelled my direct debit with my bank Alliance & Leicester about three months ago. I also received various letters from Bannatynes stating that I was not authorised to cancel because I had signed up to a year contract. I verbally told the manager that I refused to pay any more money because of the problems stated above and I never heard any more.

I checked my bank account this evening and I have noticed Bannatynes have taken £89 from my account. This I believe should never have happened as I had removed the direct debit from my list on my on-line account.

Anyway I telephoned A & L just now and got some obnoxious young guy telling me to get in touch with Bannatynes. I explained that I wasn't doing their dirty work for them and they should never have allowed the direct debit as I had removed this from my list. This guy said they only temporary cancel it for three months and it was up to me to contact Bannatynes. this obviously was news to me! I explained I had contacted Bannatynes but my issue was why had they allowed it to happen? Anyway we went round in circles and why i asked to speak to his manager he told me his manager was busy (surprise surprise).

What I want to know is should this have happened? If not what action should I take?

jonesMUFCforever

There are two issues here.
First you signed up to a year's contract. You have not fulfilled this so they are entitled in law to a year's subscriptions.
You spoke to the manager about your complaint - but as I heard no more is not acceptable to rescind the contract.
You need to speak to the gym again and come to a written agreement about your grievances.

Second point is that companies can set up Direct debits themselves under a system called AUDDIS.
They are not supposed to do this without your authority.
It seems that since you cancelled your d/d with your bank they have re-applied it and taken money out without authorisation.
Your bank should have offered to repay you immediately under the D/D indemnity scheme.

This however does not get round the original point - you have signed up for a year and you have to pay up for a year!
The only alternatives is to get an agreement with the gym's manager (in writing) or sue for breach of contract.

If you go for the latter I hope you have deep pockets!