TruGym DD Fraud?

System

Moneyineptitude wrote: »

Are you in the habit of cancelling Direct Debits by "mistake"?
Some companies do contact the customer in the event of a failed Direct Debit in case it is a mistake or oversight. Others simply represent the Direct Debit instruction to the Bank. I find it hard believe that the Gym simply passed your account to a Debt Collection Agency without contacting you at all first?

Odd that the Bank simply told you to contact Trading Standards in that case. Why didn't the Bank offer to refund under the Direct Debit Guarantee if you've had previous "fraudulent" Direct Debits?

I'm going to withdraw from this thread, there are far too many inconsistencies in your account of what happened and why you behaved as you did.

Sorry.

No, but previously I cancelled a direct debit for financial reasons.


The company has got a lot of similar feedback online and Harlands has been featured on Watchdog.


No worries, thanks anyhow.

System

I called the bank under the Direct Debit Guarantee scheme, this time the person was helpful and has assisted. Thanks

Aylesbury_Duck

Write to them, asking them to reply with the following:

- a copy of the terms and conditions you signed up to.
- the date(s) when they increased the price and how they attempted to inform you.

Once you have this information, you will be better placed to understand if and how you can stop them chasing you or get some money back. Cancelling the direct debit without investigation and accusing them of fraud are things you must take responsibility for, along with any costs and consequences.

[Deleted User]

flamewipe wrote: »

I called the bank under the Direct Debit Guarantee scheme, this time the person was helpful and has assisted. Thanks

If you've requested a refund of payments you've already made under the DD guarantee, then you need to realise that this is very likely to be reversed when it is determined that the payments were not taken without your consent. Your dispute remains with the gym, not the Bank. There is no fraudulent activity.

Now I really am out of here...

calleyw

flamewipe wrote: »

No, never changed addresses with the gym.
When you are given less than a week to pack your whole life in in one country and move to another, things are slightly more manic than they normally would be.

It may just take a few minutes to check who Harlands were but honestly, right then things were manic.

Previously when a DD has been cancelled by mistake I get a call from the company asking me what has gone wrong as a first point of call.

Like most people they get sloppy and use reasons (excuses) as to why they can't do this and that.



Years ago my husband had massive stroke that landed him in hospital for 3 and half months. I could have buried my head and not done anything about mine/his/our fiances but I didn't. I made them priority to make sure nothing snuck up on us and all bills would be paid on time, services cancelled if needed. I had a lot on mind like working full time, spending all my free time at the hospital and my husband possibly having to have major surgery or even dying.



If you could go on line to look at your bank statement and cancel the DD you had time to google harlands to see who they were before you cancelled the DD. Would have added 1 min to what you where doing?


Yours


Calley x

Ectophile

I can't help feeling that several of the previous posters on this thread have been unreasonably harsh. Anyone who takes payments by direct debit must have agreed to the terms of the direct debit guarantee https://www.directdebit.co.uk/DirectDebitExplained/pages/directdebitguarantee.aspx


This quite clearly states

If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request

The gym should have told the OP in advance before increasing the direct debit. Their failure to do so leaves the OP the option of going to their bank and asking for a full repayment of all the debits that have been made since the price increased.

System

Aylesbury_Duck wrote: »

Write to them, asking them to reply with the following:

- a copy of the terms and conditions you signed up to.
- the date(s) when they increased the price and how they attempted to inform you.

Once you have this information, you will be better placed to understand if and how you can stop them chasing you or get some money back. Cancelling the direct debit without investigation and accusing them of fraud are things you must take responsibility for, along with any costs and consequences.

I requested a signature next to terms and conditions i agreed to, they could only copy and paste my terms and conditions off of a word document which i have no recollection on seeing or being made aware of.


They said that they left signs up around the gym notifying members of a price increase and "apparently" an email. I have no emails from them and i have my full trail. If i saw a DD increase it would have reminded me I was paying for the membership and I would have cancelled it long before i did. When i requested to see the email they sent me they coldn't provide this.

System

Ectophile wrote: »

I can't help feeling that several of the previous posters on this thread have been unreasonably harsh. Anyone who takes payments by direct debit must have agreed to the terms of the direct debit guarantee https://www.directdebit.co.uk/DirectDebitExplained/pages/directdebitguarantee.aspx


This quite clearly states



The gym should have told the OP in advance before increasing the direct debit. Their failure to do so leaves the OP the option of going to their bank and asking for a full repayment of all the debits that have been made since the price increased.

Thank you.


After speaking to citizens advice and looking into all the relevant documentation, they advised me:
There is a breach of common law contract
There is no statement in their T&C's stipulating that a price increase can occur without notifying me therefore the new price increase was not legally accepted.

They must follow the Direct Debit Guarantee
They must notify me using reasonable methods, records show that I haven't entered the gym for over a year and a half, leaving signs around the gym is not suitable.

System

There is a reason that this company has been on Watchdog, it makes it clear now!

Aylesbury_Duck

flamewipe wrote: »

I requested a signature next to terms and conditions i agreed to, they could only copy and paste my terms and conditions off of a word document which i have no recollection on seeing or being made aware of.


They said that they left signs up around the gym notifying members of a price increase and "apparently" an email. I have no emails from them and i have my full trail. If i saw a DD increase it would have reminded me I was paying for the membership and I would have cancelled it long before i did. When i requested to see the email they sent me they coldn't provide this.

That's good. Is that in writing? "They said" suggests not.