Duplicated gym membership I'm certain I didn't create

MD637

Hi guys,


I've used this forum a few times in the past as a non-user looking for advice, it's the first time I've needed to post and hopefully now with an account of my own I can help others in the future!


Currently I'm having issues chasing a refund / DD indemnity claim with The Gym Group. Partly my fault as I haven't checked payments <£30 for years, only looking for larger value amounts I don't recognise (and thankfully haven't had any).



I've been a member at this gym for over 3years, use the account sparingly as I'm often too tired or lazy to go, a few months ago however I noticed there were two seperate Direct Debits about a week apart from each other. I contacted the gym in question and was advised under no circumstances would a refund be presented (even partial). I managed to get some info out of them, this account was created about 6months after my original and has never been used to gain access to the gym nor have I logged into the account online.


They've offered me a years free membership as "goodwill" but to me that seems like they've investigated, found themselves at fault and are offering this to keep me happy/quiet.



The only thing I can think of is early on I had an issue gaining access using my PIN and a staff member took me to the computers to "work it out" (something I can't quite remember) but even still, the PIN of the duplicated account has never been used.


What are my rights here? I'm absolutely certain I didn't create this account and have found a few threads online about this happening with others (cancelled DD but new DD set up instantly for example, I did find one thread in which the original poster was having the exact issue I am but I can't seem to find it again).



Thank you!


*Added information*
I've spoken to headoffice as the manager is claiming via email both accounts have been used and one was a merger from Fitness4Less. Headoffice have once again confirmed that one of the accounts has never been used and they aqquired a different Gym group (and not Fitness4Less). As such they're investigating internally.


To add insult to injury the manager is claiming he called multiple times and didn't get through when in actuality he called me the once and only after I chased him (was due the call on Monday, got the call mid-Tues whilst I was working and unable to answer).

born_again

Get bank to do a DD indemnity on the 2nd (6 month later set up) As you never received any notification of this account.

And in future keep a close eye on your bank accounts. Your lucky that there is no time limit on DD indemnity.
Had it of been card payments you would have lost the lot.

unholyangel

If the gym argue it at all, I'd take the opinion the contract was never binding - it lacked valid consideration.

That is because you already had a contract for access to the gym - so they couldn't provide (in consideration) a right you already enjoyed to the same extent.