Direct Debit Question

[gordonhall]

I've recently cancelled my membership, in writing at a Gym (March 15th), and in May I stopped the Direct Debit.

However, I have since had a phonecall and a letter from the gym demanding money.

I have just come off the phone from them, and they claim they have never received my letter for cancelling membership and therefore they still need payment for June.

He says if I can prove that I sent the letter in March, then he will just cancel everything, but if not, they require the last payment of £20.

Oh yes, and if I don't pay it, the will have to go to "other methods" of retreiving their costs!!!


Am I in the right or them?

[Michael Browne]

Ok,so they can't prove they didn't receive your letter any more than you can prove you sent it.

However,presuming you still have the file on your computer, if you right click on it and choose properties, it will tell you when the file was created (ie around March 15th).

Take a screenshot and although this still doesn't prove you sent it, the odds are swinging in your favour. Coupled with the bank record of cancelling the DD, I wouldn't have thought that a judge would find in their favour.

Mind you, all this is based on reasonable logic and the law isn't always logical

[pmhread]

The fact that you won't have even used the gym in this time might be worth pointing out as well.

[StoneLaughter]

Without a proof of posting document from the post office you're pretty much in a situation of being unable to prove it; however the Courts will likely accept your assertion on the balance of probabilities - it's unlikely that you would simply stop paying, for no reason, a direct debit instruction that had previously been honoured on time. Also, put them to strict proof that you have actually USED the service since you cancelled it; and tell them how often you used it before. Again, you wouldn't stop using a service you were paying for without reason, and which you had previously used regularly.

Finally, state (again) that you cancelled your agreement with them on March 15th and that you do not acknowledge any debt to them and will therefore not be making any payments, and you now consider this matter closed.

Let them fight for it.

[gordonhall]

It's only just starting, but I don't like the threat that they implied.

I realise that they are pursuing me for money (£20 for goodness sake), but can I turn this around and sue them (for harrassment for instance).


G.