Debit Finance Collection - Cancellation Issue

[Bailiff_fodder]

Hi all,

so this is an interesting one,

 

I joined a gym.. locally.. online.. they had a separate finance firm ‘Debit Finance Collections’’, and it’s a local trust gym..

 

to cut a long story short,

just after joining I went on a course at work and was out of the area for a while and pretty busy, when I got back I realised I just wouldn’t have time to use the gym and to be honest there’s one closer to my work which is better placed..

 

I called up DFC (bearing in mind I haven’t set foot in the gym, picked up my card, had a letter.. nothing..) and that was when I was told, as I was two days over my cooling off period, I’d have to pay the full £450+ cancellation charge... I did try and reason but no dice..

 

I then contacted the gym as they do have the power to allow you to cancel early.. aaand again ‘sorry sir but our terms state that outside the cooling off period you owe the full years fees’..

 

now, as I’ve never been picked the card up, been in there or actually had any service at this point, I’m tempted to cancel the DD, speak to the finance company and say it had been set up fraudulently / mistakenly by someone else.. and deal with it like that.. or is there a better and more legal option?

 

I don’t want to affect my credit rating or have DCA’s chasing me so any advice would be appreciated.. my contact with Debit Finance Collections has only been a quick call where they told me I couldn’t cancel.. below is the terms from my one email confirmation, thanks in advance!:

 

“email

 

Terms & Conditions

 

Definitions: Service Provider = "we", "us" or "our"; Customer = "you"; Debit Finance Collections Plc = "DFC"

 

Terms of your Contract

PERIOD OF COMMITMENT

-You are agreeing to subscribe monthly for the services provided by the Service Provider and contracting to remain a subscriber for the minimum period of the contract ("Minimum Period").

-Once you have completed the minimum number of Direct Debit payments we will automatically continue to collect the agreed Direct Debit payment amount on the frequency chosen at the time of setting up the Direct Debit Instruction. Your contract will continue until terminated in accordance with these provisions.

-You may cancel the automatic renewal of this contract at any time by providing at least 1 Months notice in writing or by e-mail ([email protected]) to the Service Provider or to DFC.

COOLING OFF PERIOD

-This contract commences once you have indicated your acceptance in the Declaration section of this contract. You have 14 full days after signup to cancel this contract for any reason. To exercise this right, you must inform us of this by post, email or telephone using the details provided. Alternatively, you can notify DFC in writing or by email to [email protected].. If you exercise this right to cancel, we will reimburse you all joining and subscription fee payments received from you using the same means of payment you used for the initial transaction. If you have used the service before requesting to cancel, then we will reduce your subscription fee refund by a pro rata amount equal to the number of days from signup to the date cancellation was requested.

-Your subscription starts immediately.

-You will be entitled to all the rights and privileges extended to you for the type of subscription chosen.

TERMINATION OF SERVICE, LIMITED RIGHTS TO CANCEL

-During the Minimum Period you may cancel the contract only:

1. If we fail to maintain the standard of service you would reasonably expect.

2. If we alter the operating hours of the services unreasonably resulting in you being subsequently being unable to access the services.

3. If you develop a medical condition which prevents you from using the services on an ongoing basis. An appropriate medical practitioner must provide written evidence that this is so. *

4. If you move away from the area by a distance which we consider, at our sole discretion, to be too far to travel to the services for regular use. We shall require evidence that such a move has taken place. *

5. If you lose your employment and are subsequently unable to keep up your repayments under this contract. You must produce documentary evidence and we may, at our discretion, suspend your payments for two months. We will then review your financial situation with you. *

6. If you become pregnant. You must produce documentary evidence and we may, at our discretion, suspend payments for three months. We will then review your situation with you. *

PLEASE NOTE: points 3-6 require documentation, this can only be accepted from the date of receipt.

TERMINATION PAYMENT FOR EARLY CANCELLATION

-If you cancel your subscription during the Minimum Period, other than in the circumstances set out above, we shall be entitled to a termination payment ("Termination Payment").

-The Termination Payment will be the total of:

1. Any arrears;

2. Any accumulated late payment charges that have been or will be incurred; and

3. The monthly subscriptions that would otherwise have fallen due before the end of the Minimum Period.

-You will be given credit for early payment, and this will be in the form of a discount applied against the total that you have to pay. For details of how the discount is calculated, please contact DFC.

MISSING PAYMENTS

-If you miss two payments, you will be deemed to have breached your contract.

GIVING NOTICE TO CANCEL

-DFC will continue to collect your monthly subscription after the Minimum Period. Should you not wish to continue subscribing after the Minimum Period, you must give notice to cancel the contract at least 1 calendar month before the final payment of the minimum period. If you wish to cancel the contract at any time after the Minimum Period, you must give at least 1 calendar months notice. The notice should be in writing or by e-mail ([email protected]) and sent to the Service Provider or DFC.

COLLECTING YOUR MONTHLY SUBSCRIPTIONS

-DFC is our agent for the collection of your monthly subscriptions. DFC will collect your subscription monthly in advance on our behalf by Direct Debit.

-If you fail to make a payment on time, you will incur the following charges:

1. Fail to pay the subscription on the due date £15.00.

2. Fail to pay the missed subscription within 7 days of the date of a reminder correspondence £30.00.

3. Fail to pay the arrears and accrued charges within 7 days of the date of a Final Notice £45.00.

- Late payment charges become payable immediately when they are incurred.

-Other Charges include:

1. Payment other than by Direct Debit £5.00.

2. Any cheque returned unpaid by your bank £10.00.

-DFC is also our agent for serving notice and collecting any Termination Payment which becomes due. Any notice served on you in accordance with the terms of this contract, will be deemed to have been delivered to you the next day after it is despatched by us, or our agent.

-If you would like to make a complaint with the service you have received from DFC, this should be in writing or by e-mail to ([email protected]). You may also request a copy of our complaints handling policy.

 

If you fail to pay any amount due under this agreement for a period of more than 30 days, then we may pass the debt to a third party company for collection. The costs incurred in employing the third party company will be borne by you including the costs in tracing you should you have changed address without telling us.

 

PRIVACY AND DATA PROTECTION

We take great care to ensure that any information we hold about you is kept safe and secure. This section explains how and why the Service Provider and DFC use your personal information.

The Service Provider and DFC need to collect and process personal information in order to be able to provide you with the services. The personal information required includes:

- your personal details (such as your name, address, date of birth, telephone number and email)

- financial information (such as bank account details)

- medical information (which is provided to the Service Provider)

- ethnicity (which is provided to the Service Provider, but which is completely optional)

 

Your details and financial information

DFC requires this information in order to collect and process payments. It will also use the information for related purposes, e.g. keeping records of financial transactions for a number of years (as required by law and the Direct Debit Indemnity) or to pursue unpaid debts. DFC may anonymise and aggregate data (so that it no longer identifies you) and then use it for analysis and reporting purposes. Some of the information DFC collects and processes will also be shared with the Service Provider (e.g. details of a missed payment)

 

Medical information

In order to take out a subscription the Service Provider needs to know a bit about your health and any conditions or injuries you suffer from (this is to make sure that you can make use of the services safely and without risking injury). When subscribing via DFC's online portal you will be asked to provide certain sensitive personal data about your medical history. This information is provided on the basis of your consent, and you do not have to provide it. However, if you choose not to then the Service Provider won't be able to provide you with its services (e.g. gym membership).

 

If you do decide to provide this information it will be sent to the Service Provider (DFC will not store or have access to it). You can, of course, withdraw your consent to our using this sensitive personal data whenever you wish. However, by withdrawing your consent you will also be cancelling your contract with the Service Provider (as it will no longer be able to provide you with our services). If this cancellation takes place during the Minimum Period, you will be liable to make a Termination Payment (as set out above).

 

The Service Provider will also be provided with details of your ethnicity (if you choose to provide this information). for its own equality monitoring.. This information is completely optional and there is no need to provide it (and it you can ask for it to be deleted at any time without consequence to you).

 

For further information on how and why the Service Provider and DFC use your personal information, and details of your legal rights (including the right of access) please visit: Removed

Edited November 10, 2018 by dx100uk
External link removed- andy 1st part spaced for easy reading - dx

[slick132]

Hi BF,

 

Have you taken time to read other threads here - if you had, you'd realise quickly that gym agreements are NOT reported to CRA's and normally DON'T affect your credit rating at all.

 

However, we need to know the gym involved please.

 

Also, I don't recognise the company you've named "Debit Finance Collection" - is this the exact name ?

 

Don't bother telling fibs about this - we'll help you sort it without fibbing.

 

But from now on, stay off the phone completely.

 

[Bailiff_fodder]

Hi Slick,

 

No fibs required! It’s Wave Gym, part of Wave leisure trust and the finance company is genuinely called Debit Finance Collections LTD (I know, I thought the same.. clearly the height of originality) and the confirmation email was sent from fastdd.co.uk

 

I realise the gym finance won’t use a CRA but if they use a collection agency they may go to court for £450+ as it isn’t a small sum! That was my thinking..

[slick132]

Hi BF,

 

Please confirm, was the m/ship to be paid monthly by a DD Mandate, or was there any sort of credit or credit agreement involved.

 

[Bailiff_fodder]

Hi Slick,

 

Just DD monthly via standard 12 month DD mandate, first month has already been taken..

 

Currently we’re a week over the cooling off period for the contract

 

So no credit or credit agreement and no card payment first or anything like that, just DD!

Edited November 10, 2018 by dx100uk
merge

[dx100uk]

there have been no court cases regarding gym fees for many years as they lost badly.

 

they've taken a payment I don't think you owe anymore IMHO cancel that DD before they take more

 

see what slick says.

[slick132]

What I meant above is there's no need to fib about the DD being set up fraudulently - nothing to do with the gym's name.

 

My only concern is this case is about Wave Gym and not others we deal with more often. It may be that Wave and/or Debit Collection Finance are more willing to pursue payment. Would they bother trying court ? - I doubt it but only time will tell.

 

Your position will be stronger once admin (penalty) fees are added to what you allegedly owe.

 

If you're sure you want or need to cancel the m/ship, cancel the DD mandate via your bank. Once that is done, let us know and we'll suggest how to notify the gym in writing.

 

[Bailiff_fodder]

Ok, well.. off into the unknown I go! DD is cancelled!

Edited November 12, 2018 by dx100uk
quote

[Bazooka Boo]

DFC manage my gym membership, they do add unlawful penalty fees of circa £10, BUT whenever l have rang them to explain the circumstances they have always removed the fees, l strongly doubt they are litigious at all?

[dx100uk]

no gyms have done court for +5yrs

[slick132]

Typed letter to the gym :-

 

Dear Wave Gym,

 

After signing up to your gym, I realised I didn't have the time to commit to the membership. When I returned from a work course I contacted DFC looking to cancel but they said I'd missed the 14 day cooling off period by 2 days.

 

I spoke to the gym but was told the same - I was committed to 12 months fees.

 

I've paid a month's fee and not used the gym or collected a membership card. I need to cancel the membership and ask that you allow me to do this without penalty.

 

Please let me have your written reply as soon as possible.

 

Yours sincerely,

 

Send to the gym and get a free Certificate of Posting at the PO when sending it.

 

See if, and how, the gym responds or if DFC react with admin fees when they learn of the cancelled DD mandate.

 

Let us know ........

[Bailiff_fodder]

Hi Slick,Thanks, I have printed it and I'll send it later on.. I would hope that the Gym will see sense but I do also think that DFC will start to rack up the fees once the next payment bounces.. and reading through their terms it will increase pretty quickly!We shall see

[Bazooka Boo]

It makes absolutely no difference if they pile on a million pounds, you cannot be forced to pay it, legally or otherwise!

[Bailiff_fodder]

I hope not!

 

Just a quick update, no reply as yet.. I do suffer with anxiety (which I did mention in my email to the gym when I first asked to be able to cancel) but am trying not to think about this too much!

[dx100uk]

have you read any other gym thread here???

doesn't look like it

[Bailiff_fodder]

have you read any other gym thread here???

doesn't look like it

Sorry, I did skim a few but couldn't find one that referenced the finance agency that this gym uses.. I should go and have look at a few I guess, and the outcomes!

[slick132]

Hi again,

 

You've found CAG so, as far as this gym issue is concerned, you do NOT need to be anxious.

 

We will help you deal with the gym or any issues resulting from the membership.

 

[Bailiff_fodder]

Thank you!

 

Well, I had my first contact (They haven't written back regarding the letter I sent above), I received a text this morning from debit finance collections saying my account was overdue!

[dx100uk]

block them

[Bailiff_fodder]

Done! I'm surprised I didn't get a written response to my letter though, I genuinely (and probably foolishly) thouhgt as it was a council trust run organisation this would be a lot simpler... how wrong I was!

 

Thanks to everyone for the help so far, It'll be interesting to see how this pans out..

[slick132]

Yes ignore DFC for now and wait for the gym to reply properly.

 

[Bailiff_fodder]

Yes ignore DFC for now and wait for the gym to reply properly.

 

 

So, an email came in just now:

 

“Notification of Unpaid Direct Debit Payment

 

We would like to inform you that we have been unable to collect your payment due on 25th November 2018 for your membership of Lewes Leisure Centre.

 

As you have missed a payment, click on the following link to make a payment online: https://pay.debitfinance.co.uk or contact us on 01908 422 007

 

Please note that your 25th November 2018 payment for £51.95 (including a £15.00 late payment charge) must reach us within 7 days of the date of this email. If we have to send you a second reminder you will incur a further fee of £15.00, as per the terms of your agreement.

 

Your next Direct Debit payment will be taken from your account on or after 25th December 2018. If we do not have valid Direct Debit details we suggest you contact us to update your records.

 

Thank you for your anticipated co-operation.

 

Yours sincerely

 

Administration Team

 

 

Please do not reply to this email, emails will not be monitored.

 

“

[dx100uk]

bounce back, block the email ad.

never use email for comms regarding supposed debts etc.

 

ignore.

 

dx

[ploddertom]

Makes me wonder if they are using an email tracker or similar to see when or if the email is opened/read? Otherwise they may just as well be sending them to the man in the moon.

[dx100uk]

exactly ignore