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Everything posted by ScruffyMcDuffy

  1. I thought the guidance wasn't that fees for lateness were inherently unfair but they had to be justifiable as to the actual additional cost of pursuing late payments. Here the late fees are unfair as there is a dispute about cancellation not about lateness of a regular payment - with a cc company one is not arguing that one doesn't owe them the £19.99 for the gizmo you bought off amazon.
  2. Hi slick132, Inspired by all the above comments you guys made (thank you) I pointed that felt bullied and threatened by Debit Finance and that I felt I had no choice but to pay by CC and subsequently found out that the charges were unlawful and that their original claim for three additional months was unfair. The CC company complaints person was supportive. I've got to call them back tomorrow so we'll see what the next rep is like. > I see no point reporting this to the FCA The point would be to establish the fact that the FCA agree and other people in this situation can refer to any ruling, judgement, opinion - else it doesn't carry as much weight in any correspondence. -- Scruffy
  3. Hi BankFodder, I've had a look on my browsers and I can't find a link to the bit that made me think I had to pay then make a claim back. Anyone else reading this - my statement is likely wrong. Hi slick132, dx100uk, thx for the detail of what to say to the CC company - they're not open yet. I tried googling about the "certainly no-one can charge any 'late fees' they are unfair and unlawful under FCA Rules and i notice debitfinance are regulated by the FCA tooo...so are breaking their rules and need reporting." Do you have links to specifics of the lawfulness of late fees? Do you have advice about how to report this to the FCA? And thx for you time and advice - having read several of the David Lloyd stories you mention similar points repeatedly. I haven't seen an FAQ which might help newbies like me get up to speed quickly - is that something you've considered? (though clearly it's an effort to do initially and subsequently maintain). -- Scruffy Gotta go and try the phone to the CC... I felt I'd signed up to a 12 month term and was happy to honour that - I was not happy with the term being extended. I feel angry at the lack of correspondence, the threats, the additional fees. dx100uk - when you say "the 12mts is not a valid term, you don't have to stay that long, you can cancel giving 1 months notice , i'e ideally your cancel and allow one more payment, you most certainly do not have to pay all 12" - are you saying that the terms and conditions are not valid or that it is unpractical for a gym to enforce them? What you say seems to imply that anyone can start a membership and is entitled to cancel at any point. Is that the gist? (i.e effectively Ts&Cs are not worth the paper they're printed on and inherently against the rights of a consumer). Spoke to the CC company - they can't cancel, but they are raising a dispute which MasterCard will preside over. I feel more supported and less alone in dealing with this than facing off Debit Finance or any appointed DCA alone. Will let you know the outcome. Update on the small claim misunderstanding - on the which website How to cancel your gym membership WWW.WHICH.CO.UK If you want to end your gym membership, it's likely you’ll be held to the terms in your gym contract. Read our guides to find out what to do. I misread "the fees... in advance" to mean the gym fees in advance rather than the court fees in advance. Dyslexia rules! Hopefully no-one else will make that mistake. From https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/450440/Unfair_Terms_Main_Guidance.pdf Under that, to use a Theresa Mayism, "12 months" means "12 months" and not some convoluted extension.
  4. Sorry I'm not following - I've read your answer maybe 5-10 times carefully. I'm a bit dyslexic and it's late. "You dont owe anyone a penny" - because I cancelled correctly after the 12 months, or the 12 months is not a valid term? "and no-one can do anything to you.." because it's not fair to extend the period of the contract even though they only took 9 payment (and want 3 more)? I didn't follow the "gyms..." set of quotes - are you saying that everything is fine because they never go to court? Thx
  5. Cheers - btw are you agreeing that their claim is invalid, or pointing out that it is unenforceable? (or both). For my own peace of mind, what's likely to happen if I do manage to cancel the payment? - the DCA section looks a bit intimidating. Writing only - is email okay or just postal? They didn't want 12 months just the 3 months plus the "late" fees - but that doesn't make a difference right?
  6. Just came across this site this evening. It looks like I'm not the only one being pressured by a gym. I finally gave in this afternoon and gave my cc details for a payment 1) to avoid "Failure to respond will result in your file being passed to a Debt Collection Agency which will include extra costs to yourself" and b) that the small claim website said I had to continue payments in order to be able to claim anything. I'm wondering if I can recover the amount I paid - I think I'll need your help and a bit of luck and effort. I started a membership with Oakley in September 2019. I understood it to be for 12 months (i.e. a year). I phoned up the gym late September (possibly 1st October) 2020 to cancel the membership - due to covid I purchased a power rack for myself. I believe I was told that was fine and that I should cancel the DD and inform Debit Finance. I sent this email on 1st October in the afternoon. 1st October 2020 Hi, Just as an FYI I have cancelled my membership (and DD) with Oakley Fitness in Tunbridge Wells. Thx, Scruffy They replied: 20th October 2020 Dear Scruffy, Thank you for your recent correspondence, the contents of which has been noted on your file. We can confirm you have made 9 of the 12 instalments required to close the account. The 12th and final instalment will be collected on the 01/01/2021 subject to no further freezes. Please provide your bank details by return for us to reinstate the direct debit. Kind Regards, DFC Administration Team I said: 20th October 2020 Hi I think there’s a mistake there - I signed up for one year from September to September. I actually overran by one month. And I confirmed the cancellation with the gym. Please advice why you think I am behind in payments. Thanks, Scruffy They said: 10th November 2020 Dear Scruffy, Thank you for your recent correspondence, the contents of which have been noted on file. As stated in your terms and conditions you are required to make 12 payments. You have currently made 9 payments. A cancellation has been applied to your account for once all 12 payments are made, your account will close. Kind Regards, S DFC Administration Team I replied 10th November 2020 Can you provide a copy of the terms you have pls? That’s not my understanding. The marketing material stated a year’s membership. It all went quiet and I figured they'd sorted everything out. On 22nd May 2021 I received an email Account Name: ScruffyMcDuffy Reference Number: 12345678 - Oakley Fitness (TWE) Ltd We note that you have not responded to our correspondence on 10th May 2021 and the payment to Oakley Fitness (TWE) Ltd due on 1st May 2021 remains unpaid. Please bring your payments (including a £30.00 late payment charge) up to date by clicking on the following link to make a payment online: https://pay.debitfinance.co.uk/XXXXX or contacting us on 01908 422 007, the full payment due is £49.99 Please ensure that your arrears are brought up to date immediately to avoid the service you receive being suspended by your service provider, if no payment received further charges will be applied as per the terms and conditions of your contract. Yours sincerely Administration Team I've sent several emails trying to find out what is going on. I phoned the gym who told me I had agreed to 12 monthly payments and told me to take the matter up with debit finance. Their most recent email said: 21st June 2021 On review of your file it is disappointing to note that we have not received any response to our correspondence and note that your Direct Debit continues to be returned unpaid or you have cancelled it. Failure to communicate with us leaves us with no option but to enforce the agreement. There is £104.97 outstanding on your account and would ask you to make a proposal of how you intend to repay the debt. Failure to respond will result in your file being passed to a Debt Collection Agency which will include extra costs to yourself. ......... . I finally got through to a rep at debit finance this afternoon. they wanted me to pay for 3 payments that they didn't take a membership fee for during covid and to extend my membership. Given what they stated above I gave in understanding that I'd have to pay in order to be able to make a small claims court action (not sure my brain is working quite well on this). Oakley Fitness finally provided me details (on the phone) of where I could get their T&Cs - on their Website of course. They and debit finance have not provided T&Cs despite being asked via email. The only mention of term is: 2.8. If there are any outstanding arrears without notification of cancellation (within your 12 month agreement), you will be obligated to clear the full amount of the term agreed. Is there a course of action I can take here? Any chance of a result? What should I do next?
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