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Direct debit recovery

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The Gym took my direct debit despite being unable to provide the service. Tried unsuccessfully (so far) to get my money back. Bank says it's a customer dispute, not an error so won't refund. Gyms says wait the DD facilitator will refund but it's been weeks. Any advice?

Comments

  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 April 2020 at 11:13AM
    What do you mean DD facilitator? Are they using a management company? Is there credit involved (look carefully at any paperwork you were given or check your credit record if you have such an account). 
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Many things will need to await people returning to work. Not much you can do other than wait.
  • eddddy
    eddddy Posts: 17,994 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 23 April 2020 at 10:29AM

    You need to consider the circumstances in a bit more detail. According to the rules of the DD guarantee...
    • If it's a 'contractual dispute' - you can't use the DD guarantee
    • If it's an 'error' with collecting the DD - so you can use the DD guarantee


    So, for example, if...
    • they correctly took the DD (i.e. they took the amount they said they would, on the date they said they would)
    • then they said they'd give you a refund (because the gym was closed) - but haven't given you a refund
    - that's a contractual dispute. You can't use the DD guarantee.


    But, for example, if...
    • they said they would not collect a direct debit from your account (because the gym was closed)
    • but they did then collect a direct debit from your account
    - that's an error, and you should be able to use the DD guarantee to get it reversed

  • isdo0
    isdo0 Posts: 3 Newbie
    First Post
    Thanks Eddddy, confirmed my worst fears. Hoped that there might have been a glimmer of hope. So basically I'm now relying on them not going bust I guess. 
  • DCFC79
    DCFC79 Posts: 40,641 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Which gym is it ?
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