Can a DD be reinstated without permission?

MsRose75

Hello all.
at the start of lockdown, back in March, I cancelled by direct debit to virgin gym.  I hadn’t heard anything about it until today, when I’ve checked my bank account and a direct debit has gone out to them.  I’ve had no discussion/letter/call regarding this.  Can they legally do this please?

davidmcn

Are you due to make the payment? Cancelling your DD doesn't mean you've cancelled your contract with them. 

Aylesbury_Duck

As davidmcn says, if you have a contract in which you've committed to pay x monthly instalments, then they are perfectly entitled to continue to collect those payments until you formally cancel the contract.  Have you cancelled the contract?

born_again

What was the reason for cancelling the DD?

To stop them taking payments while they were closed or you no longer wanted to use the facilities as you were out of contract?

mattyprice4004

If you didn't give them the correct notice, then they're entitled to payment. 

eddddy

If you cancelled your direct debit and a payment was later taken, your bank has made an error, and you can ask your bank for a refund under the direct debit guarantee.

But, as others have said, cancelling a direct debit probably doesn't terminate the contract. If the gym is unable to collect the direct debit, and/or the bank refunds under the direct debit guarantee, you will probably be in debt to the gym.  Depending on their policies, they might hand the debt over to debt collectors, etc.

davidmcn

eddddy said:

If you cancelled your direct debit and a payment was later taken, your bank has made an error, and you can ask your bank for a refund under the direct debit guarantee.

Although the originator can put the DD back into place, so it's not necessarily the bank's fault.