Gym didn't cancel my membership & refusing to back-date refund

bobbidyboo

Interesting one for you folks. 

I cancelled my gym membership a number of months ago, via the 'cancellation request' form on the gym's website. I selected my branch from the drop down list. I received a reply by email (albeit from a different branch, same company). So, I called up my branch & was told "don't worry, your membership has been cancelled".

I didn't notice they were still taking payments out until a number of months later. I called up my branch again (took about 5 days & 20 phone calls to get through!). The manager of my branch claimed they never received the original cancellation request, can't remember my phone call, and that as their website had automatically sent my cancellation request to the wrong branch, it doesn't count. He also accused me of falsifying the fact I'd called his branch.

I contacted my mobile provider to get a call log to show him I was telling the truth, but they don't keep them that far back.
I provided proof of the emails, but as they were from the wrong branch, he insists they don't count.

The branch manager seems quite an angry character & has basically said 'sue me'.
I'm now approx £170 out of pocket.
Anything quick or easy I can do?

I'm currently moving home & have to pick my battles.

Cheers

Aylesbury_Duck

Call his bluff. You have the email confirmation. Two routes available I think.  One via your bank to get the unauthorised direct debits reversed.  The other via small claims.  I don't think their (stress on their) mistake is a get-out for them, and I suspect a court would think the same. 

Were_Doomed

I agree ... initiate a DD guarantee claim - and make sure that the DD is now cancelled.

bobbidyboo

Thanks for the feedback. Here's an update:
The only confirmation by email I have is as follows:
I have an email from a different branch saying: "Re: your cancellation request: we don't have you on our system"
My reply was: "I selected my branch from the drop down list on your website, so I don't know why it was sent to your branch instead of mine. It must be an error on your website. Can you forward it to my branch: [branch name] or let me know their email address? Their email address isn't on the website either."
Their reply: "we don't know their email and can't forward it"
I then call my branch & they say on the phone "don't worry, we've received your cancellation request & it's been cancelled". But I have no record of that call.

Is the fact I emailed the company via their website enough to serve as proof of cancellation? The manager is saying the contract small print states the "customer must send written notice to the correct branch & in the manager's name". Convenient considering they don't advertise their manager's name online & their website FAQ states "use our cancellation request form", which sends it to the wrong branch. When you think about it, it's quite a convenient way to avoid cancellations & make extra cash.

bobbidyboo

Were_Doomed said:

I agree ... initiate a DD guarantee claim - and make sure that the DD is now cancelled.

The DD is collected by a separate company that collects payments. It looks like the gym pays them a fee to control all payments- I contacted the payment company & they said if I were to cancel the DD they'd put me on to debt collection automatically. Ugh.

Aylesbury_Duck

Speak to your bank about invoking the DD guarantee.  They'll tell you if what you have is sufficient proof of cancellation.

Were_Doomed

You've cancelled - cancel the DD. Debt collectors can do zero without a court order.

bobbidyboo

Were_Doomed said:

You've cancelled - cancel the DD. Debt collectors can do zero without a court order.

Okay but that doesn't help me get my £170 back.
Sorry if I wasn't clear in my original post- the membership has now been cancelled. What I'm asking is, is there anything I can do about the backdated payments?

bobbidyboo

Update:
He's now saying he has evidence that I used my access card to get into the gym a couple of times in Feb 2020, which was after my cancellation in Nov 2019. His argument is that if I thought it was cancelled in Nov 2019, why would I access it in Feb 2020? Therefore he won't backdate the cancellation to the date of my cancellation email.

I unfortunately have no memory of accessing the gym as I suffered from depression during that time and dates of gym access elude me. I walk past the gym every day so it's possible I tried the key fob to see if it was still working. It's also possible I used the gym. When you're depressed, you walk around in a daze (As I'm sure anyone under that condition can attest to). The point I'm making is that had it been cancelled as agreed, the fob wouldn't have worked & all would be well.

Where do I stand legally? Can't really afford a lawyer. 

bobbidyboo

Update 2: I told him the above and that it's possible it wasn't me, since I have housemates & when I cancelled the membership I left the key somewhere. However, it's all irrelevant since I cancelled in Nov 2019 so he should have cancelled it anyway.

His reply: he's saying either I access the gym myself and don't deserve the back-dated cancellation, or someone else access it with my keyfob & I am in breach of contract for letting someone else use my keyfob.

He's quite clever at twisting this all around on me. Starting to feel like it's all just a waste of time.

KatrinaWaves

bobbidyboo said:

Update:
He's now saying he has evidence that I used my access card to get into the gym a couple of times in Feb 2020, which was after my cancellation in Nov 2019. His argument is that if I thought it was cancelled in Nov 2019, why would I access it in Feb 2020? Therefore he won't backdate the cancellation to the date of my cancellation email.

I unfortunately have no memory of accessing the gym as I suffered from depression during that time and dates of gym access elude me. I walk past the gym every day so it's possible I tried the key fob to see if it was still working. It's also possible I used the gym. When you're depressed, you walk around in a daze (As I'm sure anyone under that condition can attest to). The point I'm making is that had it been cancelled as agreed, the fob wouldn't have worked & all would be well.

Where do I stand legally? Can't really afford a lawyer. 

Okay you’re muddying the waters now. 

Initially it was clear you needed to get your money back on your version of events.

now you are saying you might have tried to access the gym after you cancelled, and can’t say either way whether you did or not? I don’t think your depression argument will work very well on that one... either that or your housemate used the gym pretending to be you?!

Yes you could say ‘if it was cancelled then it wouldn’t matter!’ But at the same time if you had cancelled, why did you still carry the gym key fob around with you months after cancellation because you weren’t a gym member anymore...

sorry it’s all got a bit muddy for anyone to really help you properly now...