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  • FIRST POST
    • shal4
    • By shal4 28th Jun 18, 2:35 PM
    • 53Posts
    • 13Thanks
    shal4
    Greenwich Leisure Ltd charging 6-8 weeks cancellation fee
    • #1
    • 28th Jun 18, 2:35 PM
    Greenwich Leisure Ltd charging 6-8 weeks cancellation fee 28th Jun 18 at 2:35 PM
    hi,
    i gave Greenwich Leisure Ltd notice to terminate swim school on 1 may and that evening direct debit money for may was deducted. so i paid for cancellation month. they have been clever enough to also charge the 1 month cancellation fee upfront when we joined swim school a year ago. i have all proof. i complained to them but they refused the refund of 1 month as cancellation month is 4 weeks and they took money for 8 weeks. they cited the terms and conditions and said that since i gave them notice after 14th april, i will pay for 8 weeks. also i realised even if someone gave them notice before 14th april, still 6 weeks would be charged as may money would not have been deducted but due to deposit they kept and april fee paid, it amounts to 6 weeks notice. i find this contract highly deceptive and none told me about it and never seen it before. they themselves keep talking about cancellation month but implement 2 to 1.5 months cancellation fee. what can i do? i complained and
    Greenwich Leisure Ltd will not refund. it is not about money. it is about principles and fairness. i do not have time to physically go to small claims court but want to raise a claim so they learn their lesson. most people will forget that they paid upfront the cancellation fee. nothing is sent to customer about breakdown of charges paid by customer at point of joining.

    Greenwich Leisure Ltd must trade fairly and not deceive customers like this. they call themselves charitable and non-profitable. for sake of other citizens i want to get their style right.
    or is it that they are correct in charging as many lessons fee as they like - under the name of cancellation month?

    they said they need spearate notice for dd cancellation and that is before 14th of a month. i do not find it at all reasonable. also i read in terms and conditions, that if a consumer forgets to cancel dd after leaving swim school, then

    Greenwich Leisure Ltd will not refund any extra payment accidently made to
    Greenwich Leisure Ltd.

    this seems like robbery to me.

    please can someone guide me?

    i am grateful for each and everyone's time and advice.
    Last edited by shal4; 28-06-2018 at 2:37 PM.
Page 1
    • gettingtheresometime
    • By gettingtheresometime 28th Jun 18, 3:30 PM
    • 3,807 Posts
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    gettingtheresometime
    • #2
    • 28th Jun 18, 3:30 PM
    • #2
    • 28th Jun 18, 3:30 PM
    And breathe.


    I would assume that if the DD came out the same evening, then it was already in the process of being called for by the bank so they haven't called for it simply because you gave notice.


    If you have the proof that the cancellation fee was paid in advance (I assume by that you paid two months' fees originally) then you will need to write to them enclosing proof of this, giving them a chance to refund you.Keep a copy of the letter and send a copy of the proof - not the origina


    I'd wait a fortnight, and if they haven't refunded you then I'd write a letter before action enclosing a copy of the previous letter & enclosures.


    Ultimately if you don't threaten/take them to the small claims court then I don't see how you can force them to refund you
    Lloyds OD / Natwest OD / PO CC / Wescott / Argos Card cleared thanks to the 1 debt v 100 day challenge


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    • timbstoke
    • By timbstoke 28th Jun 18, 4:15 PM
    • 952 Posts
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    timbstoke
    • #3
    • 28th Jun 18, 4:15 PM
    • #3
    • 28th Jun 18, 4:15 PM
    If you're confident that the notice period was covered on joining, contact your bank and dispute the payment - under the Direct Debit Guarantee they're obliged to immediately refund you, so don't take no for an answer. Depending on the contract, it's possible that you may still owe some cancellation fee, but at least you're not at the gym's mercy for a refund anymore.
    • shal4
    • By shal4 28th Jun 18, 4:41 PM
    • 53 Posts
    • 13 Thanks
    shal4
    • #4
    • 28th Jun 18, 4:41 PM
    • #4
    • 28th Jun 18, 4:41 PM
    And breathe.


    I would assume that if the DD came out the same evening, then it was already in the process of being called for by the bank so they haven't called for it simply because you gave notice.


    If you have the proof that the cancellation fee was paid in advance (I assume by that you paid two months' fees originally) then you will need to write to them enclosing proof of this, giving them a chance to refund you.Keep a copy of the letter and send a copy of the proof - not the origina


    I'd wait a fortnight, and if they haven't refunded you then I'd write a letter before action enclosing a copy of the previous letter & enclosures.


    Ultimately if you don't threaten/take them to the small claims court then I don't see how you can force them to refund you
    Originally posted by gettingtheresometime
    Thanks... i did send them all proof - bank statement etc hoping to get refund but they have refused multiple times and complaining procedure is complete as far as they are concerned.

    the only proof i have that they charged me cancellation month fee upfront is verbal communication at the till and upon complaining, their response did acknowledge and explain why that upfront 1 month cancellation fee and this final dd deduction for cancellation fee ie 8 weeks cost of cancellation is justified.

    thank you...
    Last edited by shal4; 28-06-2018 at 4:47 PM.
    • shal4
    • By shal4 28th Jun 18, 4:42 PM
    • 53 Posts
    • 13 Thanks
    shal4
    • #5
    • 28th Jun 18, 4:42 PM
    • #5
    • 28th Jun 18, 4:42 PM
    If you're confident that the notice period was covered on joining, contact your bank and dispute the payment - under the Direct Debit Guarantee they're obliged to immediately refund you, so don't take no for an answer. Depending on the contract, it's possible that you may still owe some cancellation fee, but at least you're not at the gym's mercy for a refund anymore.
    Originally posted by timbstoke
    hi Timbstoke, thanks a lot. i have tried in past to get money from bank regarding an extra direct debit money, but they refused. that time it was with some other company. finally other company refunded my money but bank steered cleared of it.

    any thoughts?
    Last edited by shal4; 28-06-2018 at 4:46 PM.
    • shal4
    • By shal4 28th Jun 18, 4:45 PM
    • 53 Posts
    • 13 Thanks
    shal4
    • #6
    • 28th Jun 18, 4:45 PM
    • #6
    • 28th Jun 18, 4:45 PM
    it is written here as well:

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

    disputes are not covered. this is a dispute between me and gym company
    • timbstoke
    • By timbstoke 2nd Jul 18, 5:38 PM
    • 952 Posts
    • 1,223 Thanks
    timbstoke
    • #7
    • 2nd Jul 18, 5:38 PM
    • #7
    • 2nd Jul 18, 5:38 PM
    It is a dispute between you and the gym, but that's irrelevant to their obligation under the DD guarantee. Here's the reason codes they use when they refund a direct debit: https://www.bacs.co.uk/resources/pages/emailcommunicationreasoncodes.aspx

    Don't let them fob you off. Your argument is that they have collected the incorrect amount - it should be 0. That's reason code 7 on their system. Read them word for word the direct debit guarantee: "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"

    I've bolded the parts you need to emphasize. It doesn't matter who made the mistake or what the dispute is, your bank is required to give you a full and immediate refund. If there's actually an amount owing, the gym can contact you separately to discuss that - it's nothing to do with the bank. Make sure they cancel the direct debit so no further payments can be taken while you're at it.
    • shal4
    • By shal4 3rd Jul 18, 11:46 AM
    • 53 Posts
    • 13 Thanks
    shal4
    • #8
    • 3rd Jul 18, 11:46 AM
    • #8
    • 3rd Jul 18, 11:46 AM
    thanks... i cancelled the direct debit on 2 may so no more can be taken from my account.

    i will contact bank.

    gym company is not providing me address where i should serve them the 'letter before court action'

    should i just send a scanned copy of the letter to their customer services email address and post one copy to company's postal address?

    thanks,
    • shal4
    • By shal4 4th Jul 18, 3:11 PM
    • 53 Posts
    • 13 Thanks
    shal4
    • #9
    • 4th Jul 18, 3:11 PM
    thanks...
    • #9
    • 4th Jul 18, 3:11 PM
    many thanks for your advice Timbstoke.

    update:

    HSBC has refunded the direct debit amount but i know that gym company will fight it based on their terms and conditions (which i am disputing).
    so i know hsbc will take money back from my account. hsbc do not even inform before taking back refund. it happened to me in another case.
    • agrinnall
    • By agrinnall 4th Jul 18, 8:08 PM
    • 20,458 Posts
    • 16,245 Thanks
    agrinnall
    many thanks for your advice Timbstoke.

    update:

    HSBC has refunded the direct debit amount but i know that gym company will fight it based on their terms and conditions (which i am disputing).
    so i know hsbc will take money back from my account. hsbc do not even inform before taking back refund. it happened to me in another case.
    Originally posted by shal4

    Not for a DD refund they won't. Your previous experience may have been with a Continuous Payment Authority, where the rules are different, but once a DD has been refunded that's the end of your bank's involvement, it's then a dispute between you and the gym.
    • shal4
    • By shal4 5th Jul 18, 11:21 AM
    • 53 Posts
    • 13 Thanks
    shal4
    cool many thanks agrinnall!
    you all are so knowledgeable.
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