Harlands Simply Gym Wrexham cancelling membership

[smj0525]

Last week whilst sorting through bank statement I came across a Harlands direct debit for £19.99.

 

After researching on google I realised it was for a gym membership

(in my knowledge I hadn't been a member of a gym for s substantial amount of time)!

 

After phone calls I realised it was for Simply Gym Wrexham which I had joined in April 2013!

 

I'd been a member for a few months (been to only a handful of times) and had believed Sid cancelled it in January 2014!

 

I remember telling a member of staff on the desk that I wished to cancel and writing to bank to cancel my DD.

 

I've since been in to the bank and they have no record of me cancelling the DD and the manager in the gym said it's the responsibility of the member to cancel the DD and they do nothing (this was not communicated to me at the time either)!

 

They have all the correct contact information (name/address/tel/email) but I have had no contact from them in 4 years.

 

They also had me listed on their system as 'high risk' as I hadn't been there for such a long time (4 years!!!)!

 

think this is morally wrong and really underhand on the part of the gym. They continued taking the DD but no contact.

 

I have since spoken to a couple of friends, coincidentally one who had the exact same situation with the same gym.

 

Membership believed to have been cancelled but was not.

 

I know I should've picked up on this sooner and I will be checking my statements from now on

 

what can I do to get some of the 48 x 19.99 (nearly 1,000) money back.

 

To date the only response back I've had is

'it Is the responsibility of the member to cancel their Direct Debit with the bank when they wish to cancel, we believe we have abided by the terms and conditions of the membership and are unable to offer the refund requested'.

 

It would be very interesting to find out how many other similar unknowing 'high risk' members they have!

Any advice please.....

 

Any advice on what to do next?

 

realise I should've picked up on it sooner and will be going through bank statements monthly from now on...

Thank you

[renegadeimp]

Contact your bank and get it refunded via the DD guarantee.

[smj0525]

I went into the bank and they said they couldn't do an 'indemnity claim' but didn't mention anything about a DD guarantee??

 

Will this cover me for the 4 years?

 

How can a gym think it's ok with taking money every month for 4+ years without a member coming into the gym?

 

I know I should've picked up on it earlier but no one(bank or gym) have come up with anything yet.

 

Its just considered the norm...

[renegadeimp]

Not sure if you can get it for the full 4, but youll get some.

 

If you have full proof of what you said, then you could go the legal route.

 

But they would be very interested to know why it took you 4 years to catch on

[smj0525]

No I don't have any proof of what was said 4 years ago.

 

I remember telling them face to face and remember writing to the bank.

 

Unfortunately, neither cancelled it and I've only just picked up on it.

 

I'm absolutely gutted and feel cheated and ripped off.

 

Angry with them and myself.

 

Could really do with the money too...

[dx100uk]

RING your bank up.

use their phonebanking number.

tell them you cancelled on date XXXX

and have only just realised that the money has still to date being taken.

 

the DD mandate was cancelled the same day

the gym has not written since

and you did NOT sign a new DD mandate.

 

demand a refund under the DD guarantee scheme of all the payments.

they cannot refuse.

 

dx

[smj0525]

Really? When I went in to the bank and spoke to a personal banker they said there was nothing They could do. I will call them and try that way...

Thank you

[dx100uk]

simply tell the operator there is no valid DD mandate - that was cancelled by the gym on date.

they cant refuse

unless your bank is one of the muppet ones that simply never understand DD guarantee nor chargeback nor section 75

[slick132]

Hi SMJ and welcome to CAG

 

Have you checked back carefully to find a copy of the letter you sent to the bank instructing them to cancel the DD mandate. This would help your case significantly.

 

See the Guide here about cancelling - https://www.consumeractiongroup.co.uk/forum/showthread.php?452671-Cancelling-your-Gym-Agreement-Get-it-right-!(2-Viewing)-nbsp

 

Like it or not, you failed to exercise due diligence, both in checking the DD was cancelled as you wanted, and in checking your bank statements from time to time.

 

You say you cancelled after a few months by telling the gym but, if it was a 12 month agreement, you couldn't just cancel without a relevant reason (as per the Guide).

 

Also, you say you thought "Sid" cancelled in Jan 2014. Have you checked to see if Sid has a copy of any relevant letter or email.

 

If you have anything to help show or prove that the gym was told to cancel the m/ship, or the bank was told to cancel the DD mandate, then you should use the DDGS to reclaim fees paid from early 2014 onwards (unless it was a 12 month agreement).