Money taken through direct debit eventhough cancelled within 14 days

swm039

I went for swimming and fitness memebership for my children, wife and me at the center that is closer to us over the phone,  after attending 1st session for our kids swimming and going around gym section we didn't like it so I cancelled it within 14 days,  all the comms were through email,  I sent those emails and my wife's email was included in all the email exchanges but they came back after 14 days asking that my wife separetely need to request for cancellation and also charged us for her membership through direct debit,  after first direct debit I cancelled the direct debit through mobile app because I believe they not supposed to charge us when we already cancelled the membership and they asking to have seprate request for my wife's cancellation after 14 days is just so that they have the reason to charge us.  

My wife replied with the request for cancellation but also confirm that we together decided to send email from one person's account because that is what our intention was so that we can easily keep track of it.

Is including my wife email while cancelling all our memberships not enough?  

is it legitimate for them to charge us through direct debit in this scenario? when they knew that we already shown our intetion to cancel it?

Woodstok2000

Check their terms and conditions about how to cancel, if you followed them there should be no reason to charge you. If the gym wont refund the payment, you can try to use the direct debit guarantee to reclaim through your bank.

swm039

They did mention that due to their due to their data privacy policy, they are not permitted to make changes to my wife's account on my behalf but I also looked at their cancellation terms and conditions and couldn't find anything specific that could have prevented them from cancelling so that seems to use their privacy policy as an excuse? and also they informed that after 14 days but given that my wife's email was always included in all my communication should that not cover that basis?

Ayr_Rage

It seems perfectly normal that if there are two individual accounts then two both accounts need to be cancelled by the respective account owners from their own email account.

You cannot have a situation where a third party could cancel an account just by quoting someone else's email or account number.

I think the gym have behaved correctly.

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81916679#Comment_81916679

I can see both sides here. The gym have to follow their process, but that process should be clearly laid out. I do think OP has a decent argument that their original email should have stopped the clock on any time limit for cancelling if there were procedures to follow that aren't in the t&cs.

It would interesting to know if you each opened the memberships separately or if one of you opened both accounts, and if the payment is coming from a joint account - that would be another argument for allowing the same person to cancel both.

Bottom line is you can only try - if the gym won't budge, speak to your bank and see what they say about the direct debit guarantee.

MattMattMattUK

Do you still have the 14 day right to cancel if the service has already commenced (unless that is a "free trial period")? You did use the gym, commenced the service, so that will also impact and right to cancel and potential refund.

Ergates

https://forums.moneysavingexpert.com/discussion/comment/81916649#Comment_81916649

It's not really an "excuse", it's a standard policy that pretty much any organisation would have in place. How happy would you be if someone (who knew your email address) contacted the gym (or whatever) and cancelled your membership ?

swm039

https://forums.moneysavingexpert.com/discussion/comment/81916719#Comment_81916719

I opened the membership for all of us and the money was paid from our joint account.

swm039

https://forums.moneysavingexpert.com/discussion/comment/81916724#Comment_81916724

Yes because I joined over the phone

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81917893#Comment_81917893

If they can accept an application for multiple people from one person, they can accept a cancellation that way too. Go in, complain in person and then use the direct debit guarantee if they won't see sense. It may not work, but its worth a shot!

Aylesbury_Duck

https://forums.moneysavingexpert.com/discussion/comment/81917903#Comment_81917903

The service stars when you use the facilities, so from that point your statutory right to cancel a sale conducted over the phone within 14 days would be gone. Edited to add: eskbanker points out something I'd missed - see later post.