Gym direct debit problem

snakeater

In june of 2004 I recieved a letter from my gym stating that my membership was about to expire and if I would like to continue as a member I would need to contact them. However I was moving away from the area so I decided not to renew it. Recently I noticed that the gym is still withdrawing a monthly amount Direct Debit from my bank account. Does anyone think I have a strong claim to get my money back?And if so how?

base2

A strong claim?

Is it not a given, considering that they've just debited money from your account without your permission?

is_that_so

My understanding of direct debits is that YOU have to cancel it. You would have signed the form to set it up. In other words you have given them permission to take the money out. You should also notify your bank not to honour it. And then see if you can get the money back just by asking them. After all you have not availed of their services.

dudara

June 2004 until now! How often do you read your bank statements?

Cancel the direct debit with your bank. Write a letter to the gym outlining all this, and keep a copy for yourself. Give them every chance to sort this out, but don't be afraid to resort to a solicitor's letter or the small claims court.

Savman

dudara wrote:

June 2004 until now! How often do you read your bank statements?

That's the bit that miffed me too

nlgbbbblth

Having worked in banking for 12 years I can say that gyms and direct debits are a disaster.

I refuse to join a gym because any one I have ever approached has insisted on payment by direct debit.

They are notorious for processing direct debits on people whose membership has lapsed/expired.

How to cancel one?

- Write to the gym informing them that you no longer wish to be a member and ask them to cease the direct debit. Send a copy of the letter to your bank.

- If the gym continue to take money from your account you are entitled to a refund under the Direct Debit Indemnity Scheme once you can prove that you notified the originator (the gym) and your bank in writing.

- Please note that a direct debit is between you and the originator. The bank merely facilitates the payment and is unable to put a block on direct debits [unlike cheques and standing orders]. The only way of ensuring the direct debit is not paid is to check your bank account on a daily basis. If you see the direct debit being presented you can instruct the bank to return it unpaid using the reason 'mandate/instruction cancelled'. Remember it can only be returned on the day of presentation (and in some cases the day after presentation). The bank will not offer to watch your account for you - it is your own responsibility.

drdre

wow:D june 2004, man you should check you statements more often. also you have to cancel the direct debit yourself

englander

I had the same problem with Gym in Clontarf.

I told the Gym that I would be cancelling in 1 months time. They said no problem, they would sort it out and I wouldn't have to do anything else.

Month later I checked with my bank a couple of days before the next DD was usually due. The Gym had sent a request for money from my account despite me having cancelled with them.

I told the bank that I had cancelled my subscription and that no money should be coming out. The bank told me there was nothing i could do to stop this money coming out of my account unless they received a letter from the Gym and myself.

I was fuming. I had a think and phoned the bank back and said the gym were taking money illegally and it was a scam. They said they would stop the transaction immediatley but I would need to hand a letter into the bank in the next couple of days.

Ridiculous that you have so little control over your own direct debits coming from your own bank account.

Had same problem with Chorus Cable.

If you shout fraud or scam at the bank they will start to listen. (also can avoid paying a fee for cancelling cheques)

nlgbbbblth

englander wrote:

Ridiculous that you have so little control over your own direct debits coming from your own bank account.

The problem lies with the originator, not the bank.
As I stated above the originator has complete control over the process - when you sign a direct debit mandate you are giving them this control.

The solution is not to have any direct debits.

Pay bills by credit transfer / internet banking / telephone banking / even post the company a cheque.

That way you have complete control.

Sizzler

Call your bank or go into your branch and tell them you didnt authorise it and they will instigate an indemnity claim for you. Technically speaking I dont think you will get away with a claim going back to 2004(!) but if you dont ask....you dont get ! Given you are dealing with an organisation that prob doesnt have any financial acumen they will more than likely refund you for all monies due when you say you cancelled. Also spoof them to the hilt and say you sent in a letter to them 1 mth after you cancelled, and if they ask for a copy then just type one up and backdate it, trust me it will work. Best of luck with it :-)

mel123

R u saying that since june 2004, till now, u havnt noticed money coming out of ur account