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I completed 12 months of my contract with esporta but had to cancel my direct debit after this period, they made me give another 3 months notice.

 

I advised Esporta that my bank account was empty and i made payments from another bank.

 

I spoke to a lady on many occassions and she was well aware that i was struggling to pay and why i had to cancel the direct debit. i rec'd a phone call from her on the 25/11 asking me to set the direct debit back up, i declined and she sent me a dd form to fill in, this was not returned to her.

 

Yesterday i rec'd a letter from the bank stating that Esporta had set 2 direct debits up on my bank account but the payment was rejected due to lack of funds.

 

When i called the gym and spoke to her she said that she had set the direct debit up without my authorisation!! is she allowed to do this!? i have incurred high charges from the bank.

 

I had wrote a letter of complaint and im not paying them a penny, i personally feel like she has violated any kind of commitment i had with them, seriously can someone set up a direct debit after you have told them no and have not given them any kind of authorisation?

 

I hope someone can help me.

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Firstly, when a direct debit is set up as in this case, your bank has to write to you telling you. It gives you notice in case it has been set up wrongly. If you didn't give permission how did the DD get signed?

 

Secondly, in your contract which you would have signed when you joined there was a clause that stated you have to give 3 months notice to terminate your contract. Why are you now trying to avoid your responsibilities?

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Hi Wonderwoman,

 

Bit late responding but, it sounds to me like they haven't tried to "....set 2 direct debits up on my bank account...."

 

But they may have tried to take DD payments using the DD arrangement that you originally set up.

 

Don't just ignore this as it may escalate and cause you problems.

 

You may have to pay them what you owe, when you can. Don't get fooled into paying any penalty charges imposed by the gym or their collection peeps.

 

:)


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Would be very interested to know what penalty charges they impose on late payments and cancelled DD`s etc to see how each club operates or whether there is one standard contract / T & C`s for every club. If anyone has details but doesn`t want top post , happy to be PM`d.

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Firstly, when a direct debit is set up as in this case, your bank has to write to you telling you. It gives you notice in case it has been set up wrongly. If you didn't give permission how did the DD get signed?

 

Secondly, in your contract which you would have signed when you joined there was a clause that stated you have to give 3 months notice to terminate your contract. Why are you now trying to avoid your responsibilities?

 

 

Firstly, when re-activating a previous Direct Debit they do not need to get a new signed mandate. In these cases the bank do not need to contact you. The OP only mistake here was not informing her bank in writing that the DD was to be cancelled and in trusting a Health Club which she was a member of.

 

Secondly, the contract is a joke, in effect it is a 15 month contract disguised as a 12 month one. She is not trying to avoid her responsibilities, as she said she is struggling financially just now.

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