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  • FIRST POST
    • clartus
    • By clartus 17th Apr 18, 8:33 PM
    • 2Posts
    • 0Thanks
    clartus
    Direct Debit Guarentee
    • #1
    • 17th Apr 18, 8:33 PM
    Direct Debit Guarentee 17th Apr 18 at 8:33 PM
    Last month I was going through my bank statement when I noticed a direct debit I had cancelled in December 2016 the account was a savings account so it wasnít something I would have checked for money going out. It was for a gym membership and I handed my notice in to the desk as I was advised but eh lady who worked there. I have since spoken with them and they advised they couldnít see me down as a member but would need to speak to head office. I then rung head office and was told I would need to speak to the gym manager who then advised I would need to speak to the local sales rep. I spoke to him last week and he advised that as far as they are aware Iím still a member and I should have also emailed the club something I wasnít advised of. I seem to just be going in circles with getting anywhere and was wondering should I just go straight to my bank and ask them for a refund or stick out going through the gym to get my money refunded?
Page 1
    • ValiantSon
    • By ValiantSon 17th Apr 18, 9:53 PM
    • 2,537 Posts
    • 2,509 Thanks
    ValiantSon
    • #2
    • 17th Apr 18, 9:53 PM
    • #2
    • 17th Apr 18, 9:53 PM
    You can't have been paying direct debits from a savings account.
    • jonesMUFCforever
    • By jonesMUFCforever 17th Apr 18, 10:50 PM
    • 25,179 Posts
    • 12,432 Thanks
    jonesMUFCforever
    • #3
    • 17th Apr 18, 10:50 PM
    • #3
    • 17th Apr 18, 10:50 PM
    If indeed you did pay from a savings account (please advise which bank this is) do you have any proof or confirmation that you cancelled the gym membership>?
    What goes around - comes around
    give lots and you will always receive lots
    • Flobberchops
    • By Flobberchops 17th Apr 18, 11:19 PM
    • 804 Posts
    • 630 Thanks
    Flobberchops
    • #4
    • 17th Apr 18, 11:19 PM
    • #4
    • 17th Apr 18, 11:19 PM
    Yes. Bank, Direct Debit indemnity.

    I hope you did genuinely cancel the membership though and there's no evidence to the contrary (like continuing to use the facilities), as making a fraudulent indemnity claim is, well, fraud.
    I work for a UK bank, but any comments made on this forum are solely my personal opinion. Caveat Emptor!
    • Ben8282
    • By Ben8282 18th Apr 18, 3:49 AM
    • 2,394 Posts
    • 1,099 Thanks
    Ben8282
    • #5
    • 18th Apr 18, 3:49 AM
    • #5
    • 18th Apr 18, 3:49 AM
    I don't think that 'handing your notice in to the desk' really constitutes proof that the membership was cancelled. Did you never think to check further that the cancellation request had actually been actioned?
    You say that the account on which the direct debit was set up was not an account that you would regularly check for money going out but if this was the account that the direct debit was set up on then I would have thought that money would be going out every month and on the next due date of the direct debit you would have checked to ensure that it had actually been cancelled. Have you looked at your list of direct debits for this account? Is the direct debit still showing there as active? If yes you should cancel it yourself if you want to prevent further money being taken.
    Could it be that you cannot simply cancel this membership? Have you signed a finance agreement or agreed to a minimum term?
    Unless you have any actual proof that the gym membership was cancelled I don't see how you can use the direct debit guarantee to claim anything back. The bank certainly can cancel the direct debit to stop further payments being taken but I think that beyond that you will have to offer more substantial proof of the cancellation of the membership beyond a claim to have handed your notice in to the desk.
    • clartus
    • By clartus 18th Apr 18, 8:24 AM
    • 2 Posts
    • 0 Thanks
    clartus
    • #6
    • 18th Apr 18, 8:24 AM
    • #6
    • 18th Apr 18, 8:24 AM
    Sorry to clarify when I said savings account it was just a normal bank account with money in that I didn!!!8217;t touch. Apart from the letter handed into the desk as I was advised to do I have no proof. I never used the services after I handed this over. No stupidly I didn!!!8217;t check until last month.
    • Asghar
    • By Asghar 18th Apr 18, 11:20 AM
    • 208 Posts
    • 123 Thanks
    Asghar
    • #7
    • 18th Apr 18, 11:20 AM
    • #7
    • 18th Apr 18, 11:20 AM
    Sorry to clarify when I said savings account it was just a normal bank account with money in that I didn!!!8217;t touch. Apart from the letter handed into the desk as I was advised to do I have no proof. I never used the services after I handed this over. No stupidly I didn!!!8217;t check until last month.
    Originally posted by clartus
    Yes, but did you cancel the Direct Debit with the bank itself?
    • Westie983
    • By Westie983 18th Apr 18, 12:01 PM
    • 4,553 Posts
    • 15,077 Thanks
    Westie983
    • #8
    • 18th Apr 18, 12:01 PM
    • #8
    • 18th Apr 18, 12:01 PM
    As with many services, they send you confirmation that the contract has been cancelled and no future payments will be taken.

    This is what I would have expected, and if this wasnt recieved then I dont think the contract was cancelled even with the letter you had left.

    With the contract was there a minimum term? just cancelling the DD doesn't cancel the contract with the company, and even if you cancelled the DD with the bank, the company concerned and reinstate the DD as you agreed to pay via DD when you joined.

    Was there a minimum contact period for the gym? It a misconception that cancelled the DD means that you no longer have to pay, but if you don't offer an alternative payment option the DD can reappear.

    This happens with gym membership and Mobile phone contracts.

    I would contact the gym to cancel your contract and get confirmation this has been done.

    Westie983
    Save 12k in 2018 #10 Total (£25000)+£14800/£12000 = 123.33%
    Sealed Pot Challenge ~ 11 #97 Total (£410) + £40/£500 = 8.00% ( x 11)
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    Total £18132.59/£15865 = 114.29%

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