Money Taken after membership cancelled

[MonsterMan]

Hi there,

 

I have found this forum after looking for a solution to my problem through google and I was wondering if someone could advise me. After reading through some threads in this section my problem seems trival but here goes.

 

I have been a member at my gym for about 5 years and I canceled my gym memebership last month inline with thier policy of giving one months notice. I handed my physical letter (which they insisted it had to be) at reception on the 1st of May. I rang the next day to make sure it had all been recieved and the membership canceled which they confirmed it had.

 

I noticed that on the 1st of June they have taken money out for this months memebership fees. I rang to enquire why this had happened and was told that because I had not given 1 months notice they would be charging me an extra month. Now my issue is the 1st to the 1st is a month, but they are failing to recongise this because 'thier direct debit system works on the last day of the month' this was not made clear, I was told 1 months notice, which is what i gave.

 

So basically im asking do I have a grievence here, or above and beyond asking for the money to be refunded and being refused (which I have) I cant really do anything more?

 

I should have cancelled the direct debit straight away, but like a fool I didnt.

 

It isnt a massive amount of money, but I feel they do this to chance their arm and see what extra revenue they can drum up by doing things like this to many customers and it gets on my wick.

 

Thanks

 

Monsterman

[BankFodder]

Yes, no one should trust their gyms with direct debits. Always cancel them.

 

Write to the bank under the direct debit guarantee and say that the money was taken against your instructions and you want the money back.

Because you can't trust the bank either you may as well tell them now that if they don't comply then you want it made into a formal complaint for the ombudsman.

 

By the way - I notice that you are doing your business on the phone.

 

Anyone who does their business with gyms or banks on the phone without recording calls is asking for trouble.

[MonsterMan]

Thanks for the response BankFodder.

 

In regards to doing business over the phone, lesson learnt.

 

I spoke to the bank today (before I saw your reply), they have been quite helpful and have agreed to refund the money, which they have done. However they have informed me that if the gym doesnt 'authorise' it my account will be debited again. Now I'm assuming that as the gym have previously refused to refund the money, they will simply not authorise the credit and it will be debited back again.

 

If this happens is the Ombudsman the route to take given the fact I have no other proof of communication with the gym other than my inital cancellation letter?

[BankFodder]

You must write to the bank and point out to them that you are the customer and that they take their instructions relating to your account from you.

Tell them that if they disregard your instructions then they will have breached the Payments Diriective and also BCOBS and that you will make a serious complaint to the FOS.

Put this in writting and send it the bank and take a copy in to the branch.

Copy it to the FOS and make it clear on the original that a copy has been sent to the FOS.

 

The cancellation letter to the gym is fine.

 

Also send a letter to the gym and warn them that if they make any attempt to overturn the refunded payment that you will complain to TS, the OFT and that you will sue them for the money in the County Court.

Don't make these threats if you aren't prepared to carry them out.