Formal complaint to Better Leisure limited repeatedly ignored

concernedaboutitall

Better Leisure which is supposedly a charitable social enterprise is behaving like something very very dubious and is unaccountable to its customers as well as totally disregarding the direct debit guarantee. I was attending adult swimming lessons prior to the pandemic. This was paid by monthly Direct Debit. These direct debits stopped during the pandemic. However despite the adult lessons not having resumed, Better started to take the money from my bank. There was no communication prior to this and I was horrified to see them take the money for a service they don’t provide. On trying to raise a complaint with them, I have been  horrified. During a very lengthy call they had to concede that they do not provide that service. They tried everything to not refund the money and continue to do so (which is a breach of the direct debit guarantee). I have asked repeatedly for someone from their complaints department to contact me, which has never happened. How can a supposedly charitable social enterprise have no accountability? How can they repeatedly ignore formal complaints? How can I escalate this complaint and make them accountable? I’m sure I’m not the only victim that they have wrongly taken money from that they intend to keep.

[Deleted User]

The Direct Debit Guarantee is provided by your bank, not by Better Leisure, so contact them if money has been taken in error.

Sandtree

As above, Better Leisure have to inform you of your rights under the DD Guarantee when its setup and provide certain timely information when payments vary etc but the rights themselves are with your bank who are the ones that refund the money under the terms of the guarantee.

If you have any other issues with them the method of complaining about a charity is on Complain about a charity - GOV.UK (www.gov.uk)

Bradden

Not a "Formal" Complaint...they must be terrified

Have you tried Twitter? Seems the thing nowadays https://mobile.twitter.com/peterbundey/with_replies

Alderbank

Bradden said:

Not a "Formal" Complaint...they must be terrified

Well, the OP was 'horrified'. Twice.

user1977

concernedaboutitall said:

They tried everything to not refund the money and continue to do so (which is a breach of the direct debit guarantee). 

It sounds like you misunderstand the Direct Debit Guarantee. You ask your bank for the money back.

born_again

concernedaboutitall said:

Better Leisure which is supposedly a charitable social enterprise is behaving like something very very dubious and is unaccountable to its customers as well as totally disregarding the direct debit guarantee. I was attending adult swimming lessons prior to the pandemic. This was paid by monthly Direct Debit. These direct debits stopped during the pandemic. However despite the adult lessons not having resumed, Better started to take the money from my bank. There was no communication prior to this and I was horrified to see them take the money for a service they don’t provide. On trying to raise a complaint with them, I have been  horrified. During a very lengthy call they had to concede that they do not provide that service. They tried everything to not refund the money and continue to do so (which is a breach of the direct debit guarantee). I have asked repeatedly for someone from their complaints department to contact me, which has never happened. How can a supposedly charitable social enterprise have no accountability? How can they repeatedly ignore formal complaints? How can I escalate this complaint and make them accountable? I’m sure I’m not the only victim that they have wrongly taken money from that they intend to keep.

This does not cover non receipt of services.
Only hope would be if there was no schedule of payments. And you would need to go to your bank to claim it back.

Companies do not need to have a formal complaints process.

Manxman_in_exile

Doesn't the DD guarantee cover payments for services?

user1977

Manxman_in_exile said:

Doesn't the DD guarantee cover payments for services?

The only two times I've used it, it was in relation to services. I'm not sure the banks are necessarily all that bothered, the point is they're just chucking it back to the merchant to sort out.

Manxman_in_exile

I'm not so much concerned about what banks might do as opposed to what they must do.  I didn't realise that the DD guarantee "does not cover non receipt of services".  (I think born_again works in the banking industry so I assume what they say is correct... )

Ergates

Manxman_in_exile said:

Doesn't the DD guarantee cover payments for services?

It doesn't cover problems with the services, it covers mistakes with the payment - wrong amount, wrong date, payments that shouldn't have been taken.

This case is a bit of a grey area as it's a service the OP had signed up for - so not entirely an unauthorised payment (i.e. it's not some random company who supplied the wrong bank details, and it's not from a mandate that has been cancelled).  You could argue however that as the service hadn't restarted then it was an incorrect payment date, or an undeclared change to frequency.

However, as others have stated - you can't quote the direct debit guarantee at the business (well, you can, but it won't get you anywhere), it's your bank you need to speak to.   They should automatically refund you - then the company can appeal etc etc.