Gym membership payments stopped unknowingly

Al_Zombie

Hi everyone, I hope you can give me your opinion on this issue that's come up.

I have a gym membership and, due to a technical error on the gym's payment system, my payments stopped. I never noticed this.

My membership stayed active, so I just continued to use the gym as normal.

10 months later, they have noticed and let me know.  We have not discussed a way forward yet, but I expect they will ask me to pay at least part of the fees not taken (the total is £690).

Am I obliged to pay it back? Or since it was their error, do we just reinstate the monthly payment from today onwards.

TheSpectator

Presumably you have a contract to pay £x per month. A technical glitch meaning a direct debit wasn't taken doesn't mean you don't owe that money.

Always amazes me that people claim not to notice money not taken.

Al_Zombie

I get that. It’s an honest mistake on both parts. So think a compromise is probably fair.

I just wondered if there was any official guidance on the issue.

400ixl

They will expect you to pay ALL of the due fees, not some and yes they have the right to do that.

You may be able to work a payment plan with them but you do have to pay them.

PHK

As spectator said, you owe the money as you have used the facilities. If they choose to give you a discount then that would be down to them but they aren't obliged to. 

MattMattMattUK

Al_Zombie said:

I get that. It’s an honest mistake on both parts. So think a compromise is probably fair.

I just wondered if there was any official guidance on the issue.

I would say that the compromise is you pay them and in exchange they do not take legal action against you to recover the funds. You have in effect had interest free credit, you are the one who has benefitted here.

Aylesbury_Duck

My opinion?  Clearly you owe the money but they should work out a mutually agreeable way for you to pay it.

Also, check your bank statements regularly, to make sure you know what each payment is, and whether any payments are missing.

Hoenir

Al_Zombie said:

Am I obliged to pay it back? Or since it was their error, do we just reinstate the monthly payment from today onwards.

English Law is governed by core principles. One being 

Utmost good faith is a legal principle that requires all parties to a contract to act honestly and disclose all relevant information.

Benefiting financially from someones elses error or oversight falls into this catergory. 

RefluentBeans

The compromise may be an increased amount of money to be paid monthly, but yes you currently owe this money. Whilst they should’ve noticed, it’s your obligation to ensure you’ve been paid. 

Alternatively, if your work had been underpaying you by £100 a month for 10 months, would you be happy with them being ‘we’ll give you £200 now and pay you like we should’ve been’. You’d probably insist on them paying you the £1000 (whether that be as a lump sum or over the course of a few months is the compromise you’d be willing to come up with…)