Direct Debit question

[flesz]

Hi,

 

I am new to this forum, I wonder maybe somebody will be able to help me.

 

7 months ago I signed 1 year contract with the sports centre, to pay 20 quid a month.

The did not take any payment from me for 6 months, which was very surprising for me. After that I got into financial problems and I had to cancel this direct debit (just in case even though they were not taking any money), becuase I couldnt afford them to take so much money from me at once.

After 7 months they called me saying they cant take direct debit, and they are planning to take legal action.

 

My question is, am I in the lost postion and had to pay everything or they broke the law not taking any money from me for over 6 months on direct debit contract 20 pounds a month?

 

I am not sure about direct debit terms and conditions, but I think it should work every month? Or can it be taken, all amount once for all year?

Maybe it was their fault, that they forgot to set it per month.

 

Thanks for any advice.

 

Patrick

[buzby]

No law was broken - just incompetence, and they can get away with that. Even though they did not take the money, you remain fully liable to pay for all costs under the contract, it doesn't matter that they had a DDM and didn't use it or call for payments, you remain liable as per the contract.

 

You DDM will be (most likely) 'unspecified amounts on unspecified dates' so they'll be able to take what they like when they like, but have to give you 10 days notice.

 

Since you are bound by contract law, I would look for the earliest date you can give notice of termination and/or downgrade your membership benefits to the lowest possible.