I'm hoping someone can give me some advice.
I joined Rush Fitness in Feb 2015. I signed a contract to pay £17.99 a month for a minimum of 1 month and could cancel at any time with 1 months notice. Rush Fitness DD is managed by the Harlands Group.
In Sept 2015 a payment of £29.99 was taken as direct debit from my account, I tried contacting Harlands but every time I tried they were either closed or wouldn't answer the phone.
I made contact with my bank who clawed the money back under the direct debit guarantee. I then received a letter from Harlands on 29th Sept which said:
"we have today received an indemnity claim from your bank to refund the sum of £29.99. Consequently we write to clarify the situation. As you should be aware, you have entered into a membership agreement with Rush Fitness. At no time did we or Rush Fitness receive notice to cancel your agreement. The agreement also states that such payments are non refundable. We therefore ask that you request your bank to withdraw its claim immediately.
Should you not withdraw the claim and rectify this breech of your agreement with 14 working days, you will incur a £25.00 administration charge and matter will be referred to a debt recovery company to pursue for the full amount and cost incurred.
If you would like to discuss this matter please contact the Harlands Helpline. We trust this letter receives your urgent attention."
I then responded via email with this:
I am deeply disappointed and disgusted to read the content of your letter dated 29th September 2015, your reference XXXX.
I have been a member of Rush Fitness for a period of time and throughout this period I have ensured regular payments to the sum of £17.99/month as agreed in the terms of my contract.
However, I was shocked to find a sum of £29.99 had been deduced from my bank account instead of the £17.99 agreed. With reference to the contract and your statement "your direct debit payments are protected with a money back guarantee and you will receive 3 working days advance notice of any changes" - This holds you in breach of contract, as I have received no correspondence informing me of any increase in my membership fees.
Not being able to make contact with yourselves due to your restricted opening hours, I had spoken to my bank who further confirmed that you were in breach of the direct debit agreement and therefore had made contact with you to recover the payment taken. Which as your statement also states above is protected by a money back guarantee.
It appears my bank has recovered the full amount rather than the overcharged, I am happy to forward you £17.99 as per our agree in lieu of 1 months notice to terminate my membership as I no longer wish to be a member of Rush Fitness. My last day of membership will therefore be 23rd October 2015.
I trust you will give this email your urgent attention and hope to hear from you soon.
A disappointed customer,
They didn't respond so I sent them another to say - I would be grateful if you either promptly respond to my email or discuss my account with my father, who may be available to call you on my behalf. They responded to that no problem and there was an email trail so they've read the first.
My father then spoke with them and they were unhelpful and basically dismissed what he said saying I have to pay all of it.
Sorry this is so long!! Any advice on how to resolve this before it goes any further would be really helpful!