Service not provided. Paid by direct debit. Refused refund

LilBec

Morning all
I pay for my daughters swimming lessons by direct debit. Last week her lesson was cancelled. It turns out the teacher has left, worked her notice and was asked not to tell parents. They havent been able to replace her so the lesson was cancelled and we dont know yet when a new teacher will start. So I asked how they intended to refund the missed session and likely future sessions. I was told that they are not able to give refunds unless the whole month is missed. I dont believe thats true and I certainly dont think its right not I'm not sure what recourse I have to challenge. I see there are plenty of rights around payment in error but csnt find anything about this specific issue. Can anyone advise please? Thank you

marcia_

 Ask your bank for a chargeback for the dates it was cancelled as service was not provided. 

olgadapolga

LilBec said:

Morning all
I pay for my daughters swimming lessons by direct debit. Last week her lesson was cancelled. It turns out the teacher has left, worked her notice and was asked not to tell parents. They havent been able to replace her so the lesson was cancelled and we dont know yet when a new teacher will start. So I asked how they intended to refund the missed session and likely future sessions. I was told that they are not able to give refunds unless the whole month is missed. I dont believe thats true and I certainly dont think its right not I'm not sure what recourse I have to challenge. I see there are plenty of rights around payment in error but csnt find anything about this specific issue. Can anyone advise please? Thank you

What do the T&C's state? If my daughter's swimming lessons are cancelled by the provider, I get a refund for that lesson, even though I pay a fixed amount each month by DD (which is the weekly cost for a year divided by twelve).

sheramber

marcia_ said:

 Ask your bank for a chargeback for the dates it was cancelled as service was not provided. 

You can't do a chargeback on a direct debit. 

A chargeback is for a debit or credit card.

Ergates

" I was told that they are not able to give refunds unless the whole month is missed. I dont believe thats true"

It's clearly not true - they *could* offer a refund under any circumstances, nothing is stopping them.   They just don't want to - so it comes down to what the contract states.   

Would a term in a contract that stated they didn't have to give a refund even if they don't provide the paid for service be considered a fair term?   I suspect it might not - and therefore wouldn't be enforceable (but I don't know for sure).

I'd email them asking them the basis for them refusing to refund, and question the "not able" as that's clearly false.

born_again

Direct Debit guarantee does not cover non receipt of services.

https://www.directdebit.co.uk/DirectDebitExplained/pages/directdebitguarantee.aspx

Direct Debit Guarantee

• The Guarantee is offered by all banks and building societies that accept instructions to pay Direct Debits
• If there are any changes to the amount, date or frequency of your Direct Debit the organisation will notify you (normally 10 working days) in advance of your account being debited or as otherwise agreed. If you request the organisation to collect a payment, confirmation of the amount and date will be given to you at the time of the request
• If an error is made in the payment of your Direct Debit, by the organisation or your bank or building society, you are entitled to a full and immediate refund of the amount paid from your bank or building society
• If you receive a refund you are not entitled to, you must pay it back when the organisation asks you to
• You can cancel a Direct Debit at any time by simply contacting your bank or building society. Written confirmation may be required. Please also notify the organisation.