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rich_p

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  1. They refunded it yesterday afternoon directly after a phone call. I was going to post on here but I didn't want to count my chickens. The funds are still there this morning so I guess that's done. I have a feeling Aldgate are probably working out how to avoid refunding me. For the sake of £106 I will probably just take a few months membership to use it up. I will of course let you know the outcome of that either way.
  2. Further update, after whinging over email and phone to Lewisham they have since refunded January to March's payments. I have the option to rejoin, but of course I have told them to park that idea for now. I am hoping their automated system does not try to bill me for June, if so I shall just ignore as advised. Nothing back from Aldgate yet, but at the VERY minimum I shall just use up that credit as membership and yes, put this all down to experience. Never trust a gym chain ever again, no matter how small or large. It is rather unfortunate as this is an industry I want to transition into. There were no emails or stipulations in the contract advising me of what would happen to my payments, especially if I switched home gyms during the pandemic. Of course nobody saw this coming. I have made a donation to the page, thank you all for your help.
  3. Aldgate owe me £106.91 in fees/membership. Lewisham, simply I do not know exactly. When I transferred there my rate for some reason remained the same rate I paid at Aldgate. Membership switches automatically, I did not know the rate at Lewisham was £24.95 until I spoke to their membership team in March. (At Aldgate it was £39.95). It is a bit disingenuous of them to keep me on an old higher rate when they offer new local members a cheaper one. Mind you I 'spose that is just the tip of the iceberg in hindsight. I have calculated that Lewisham also owe around £100. But this is approximate due to the above unknown.
  4. Hi Slick, One email to Aldgate cites a lot of information from the Government’s webpage regarding contracts and advice from the CMA. It centres around them not being able to fulfil the contract due to lockdown. I doubt a full refund (totalling £106) will appear because that webpage is just advice, but at the very least I expect them to honour the equivalent months membership for me to use up. Email two to Lewisham cites a breach of contract, allowing my immediate termination, and also points to a failure to fulfil the contract due to restrictions. Lewisham immediately called me to offer a refund on the outstanding, provided I rejoined. I reiterated all points in the email; I seek a refund and do not wish to rejoin. They will get back to me. Shall of course keep you updated.
  5. I have had some success with reclaiming ONE payment from Lewisham branch. I found an email from 03/11/20; "November's membership payment for those that pay on the 1st of the month had already been submitted to the banks to be collected and we were unable to stop this payment. We will therefore, in December reduce your payment to £0 for November's successful payment-" I sent the above clip to my bank Starling this morning and they have just refunded December's payment. How can I now get them to refund payments from the other months? I have already tried 3 times with no success, but unfortunately I do not have anything in writing from Anytime Fitness declaring that they would NOT take payments during months of closure. As I cancelled June's DD, they are now of course sending automatic emails and text's asking for payment.
  6. Do you think I am stuck with trying to reconcile with both gyms? I have tried to email the retail Ombudsman (retail ADR) as Virgin Active is one of their members, so I am hoping they will have something to say about another gym at least. For now I have cancelled my DD, and an email will go out before the 1st of June telling them I am cancelling my contract, so at least I cover myself there.
  7. Starlings reply; I do apologise but we do not have written evidence that the subscription was active. Direct debit disputes under the direct debit guarantee can only exist when there has been a technical error, not when a contract is being disputed. Retail disputes (which this is) via direct debits isn't something that the direct debit guarantee offers i'm afraid. You will need to speak to the merchant to dispute this further i'm afraid.
  8. dx is this something I can pull my bank up about? I told Starling I believed the gyms had no to right to continue to charge by default simply because I failed to freeze or cancel my membership. Maybe this is where they are assuming the agreement is 'live'.
  9. Should I bother notifying them of the cancellation of my membership & DD or is this pointless? Breach of contract - by making my membership inactive despite this months fee being paid) should be plenty enough? From what I've seen on other threads, I need not worry about bailiffs etc? I can see Anytime Fitness chasing me further on down the line claiming I never cancelled my membership. Looking at my membership profile online, it seems they have entered me in to a new contract on the 4th of May, without my signature. As when I go to cancel online it says I am still within my 12 month contract. I am not within my 12 month contract, as that was originally signed back in 2019!
  10. Hi Slick, I forgot to reply my apologies. No indication this is from a senior staff member. I have cancelled my D/D and I am drafting a letter to both branches of Anytime Fitness before I go back to the retail Ombudsman ( I originally wrote to the wrong one because I am an idiot ). Is there a template available?
  11. Again banging my head on purple-coloured brick wall; “Unfortunately we are unable to raise a Direct Debit Indemnity claim for this, as the agreement between yourself and Anytime Fitness/Clubwise was still active, even though the gym was not. I can only suggest that you email/call them again to dispute this. I apologise, as this is not the response that you have hoped for, but we are unable to dispute these payments on our end.”
  12. Just before I lodge a third claim with my bank, you say it may be complicated by asking for specific months. Do you therefore think I should lodge two separate claims; one for Aldgate, one for Lewisham? Do dates matter, or is it more the amounts? The various lockdowns etc I guess make this more complex than it rather should be.
  13. 1. 13th May. 2. Yes the amounts, combinations of £19.98 and £39.95 that equate to what I am owed, were for DD's taken last year by Aldgate. On my second DD refund request to Starling I used the template slick132 provided, but this time I included the 3 payments taken by Lewisham in 2021; "I require a refund of DD's taken by Clubwise on; 01/04/20, 01/05/20, 03/08/20, 04/01/21, 01/02/21 and 01/03/21 in the sums of; £39.95, £39.95, £19.98, £19.98, £19.98 and £19.98 respectively. I am entitled to such refunds under the Direct Debit Guarantee Scheme to which banks subscribe." There is even an email which Lewisham say they will not charge their members for April, yet lo and behold the DD for that month was taken as usual.
  14. I have been refunded for an overcharge in April and May 2021 but they had already agreed to that. I have not received anything else, hence going to the Ombudsman.
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