David Lloyd taken direct debit payment without permission??

zogbog

Regarding dormancy, ive just read this on the Direct Debit website, so another point to make here would be that I should have been asked to sign a new DD mandate as it had been dormant for over two years?

​Inactive Direct Debits

What happens when a Direct Debit is inactive?

This is covered by the dormancy period rule. All banks or building societies hold details of Direct Debit Instructions on file for a minimum period of 24 months from its lodgement date, in the event of no collections, or from the date of the last payment. After the dormancy period has passed, the bank or building society will remove details of the Instruction from their system. Before claiming further Direct Debit payments the organisation must obtain a new Direct Debit Instruction or your authority to continue collecting. If this is not done your Direct Debit payment may be returned by your bank or building society. 

Archie_Duke

I know the OP says it’s a Direct Debit but I notice in the opening post he says:

After a year or two, the club said they were changing policy and this had to be done by card payment and we set up a direct debit for these. 

Well a Direct Debit is set up from bank account details, not a card payment. So possibly what was set up here was a Continuous Payment Authority (CPA) with different rules to DD. 

zogbog

Archie_Duke said:

I know the OP says it’s a Direct Debit but I notice in the opening post he says:

After a year or two, the club said they were changing policy and this had to be done by card payment and we set up a direct debit for these. 

Well a Direct Debit is set up from bank account details, not a card payment. So possibly what was set up here was a Continuous Payment Authority (CPA) with different rules to DD. 

Thank you Archie, it was definitely a direct debit set up just for swimming lessons. there was no other authority from us to use for any other purpose than this as we had always and continued to say our other subscriptions (in this case a membership) in cash for the year in full in advance. 
We had never had anything else charged to this Direct Debit. I had then confirm to me over the phone today that id had a DD set up and cancelled the lesson in 2019.

I just need to have some advice on whether they can use that DD against other products and subscriptions. Ive had a wobble, id usually renew and pay again in full for the next year. but I don't feel there's transparency over why they thought it was ok to do this... they don't even know if they are in the right or not and have gone off to seek their own advice, I just want to be fully loaded when they call back with their own rights / excuses.

[Deleted User]

zogbog said:

Archie_Duke said:

I know the OP says it’s a Direct Debit but I notice in the opening post he says:

After a year or two, the club said they were changing policy and this had to be done by card payment and we set up a direct debit for these. 

Well a Direct Debit is set up from bank account details, not a card payment. So possibly what was set up here was a Continuous Payment Authority (CPA) with different rules to DD. 

I just want to be fully loaded when they call back with their own rights / excuses.

Probably best to stay off the booze if you're expecting an important call!

zogbog

oooh you silly sausage   

zogbog

but jokes aside, I think ive been about as clear as a pedestrian could be here....

def a DD
def been dormant for over two years
def no new mandate signed
so.... is the DD taken out against a certain service / product / subscription... or can they take money against anything they please without asking first? And can they do so after the dormant period?

I may not know the proper lingo for all the financial bits n bobs, but I do know what happened from a consumer point of view and im just here, asking for some pointers.

ta very muchly

born_again

Look at it this way. As you were going to renew. These companies will use what ever payment details they have to take the funds. If they had not taken the payment. Then they would be chasing you via debt collectors as well as extra charges for failed DD.
One of the dangers of not cancelling a DD with your bank, when no longer required. 

zogbog

born_again said:

Look at it this way. As you were going to renew. These companies will use what ever payment details they have to take the funds. If they had not taken the payment. Then they would be chasing you via debt collectors as well as extra charges for failed DD.
One of the dangers of not cancelling a DD with your bank, when no longer required. 

You are of course absolutely correct regarding the above. 

But what I want to know is purely “Is this allowed”. Does anyone actually know the answer to this?!

 it just doesn’t sit right with me and I don’t want to carry on dealing with any business if they aren’t following the rules on holding your financial details. I think that’s fair (and to clarify, I would give them the three months notice period in writing , before anyone goes ahead and makes presumptions that I’m trying to get something for nothing)

born_again

They can hold you details as long as they see fit in reality. So long as you are a member they will certainly need payment details to be held.
Even once you leave they will not simply delete all your details.
Do not think there is any actual law that says that they have to delete your details.

zogbog

born_again said:

They can hold you details as long as they see fit in reality. So long as you are a member they will certainly need payment details to be held.
Even once you leave they will not simply delete all your details.
Do not think there is any actual law that says that they have to delete your details.

Thank you. I understand they need payment in some form. We had always just paid in cash and would have again. In my opinion they didn’t and shouldn’t have had my payment details on file for something I hadn’t given them permission for. The Dormancy Rule I posted above was copied and pasted from the Direct Debit site so there are rules that should be followed and in my eyes weren’t. But what do I know. 

I don’t think I will get any answers here, but thanks for trying! I think I need to work on my question asking skills 😅

if I find anything either way, or get an update I’ll post here in case it helps others 👍🏼