1Life Management Solutions - cancelled giving 1mth notice - but they say i didn't and took another months membership

[Raycross]

 

I have a problem with the cancellation of a contract for recurring swimming lessons with a sports centre, 1Life Management Solutions

The contract started on 11th November 2021 for a 30mn swimming lessons once a week. The payment was monthly by direct debit on the 1st of each month (£31) with a catch up first payment taken on 1^st December 2021 for £50 to cover the period from 11th November to 30th November 2021 and the month of December 2021.

The contract continues unless cancelled for convenience. The relevant cancellation clause says "Subject to payment during the Minimum Payment Period (which is 4 months, so I had passed this), Students who pay fees by direct debit may cancel Membership giving no less than one calendar months’ notice.".

I gave them notice on the 7th of July 2022 giving an end of contract on 6th August, but they have charged me for the full month of August, arguing that they require a "calendar month's notice, and refuse to refund me the period from 7^th August to 31^st August 2022.

I cannot understand the contractual or legal basis of their position. They seem to treat this as if I had given notice on the 1^st August 2022. What are the remedies?

In the 3rd edition of Halsbury's Laws of England, volume 37, the authors wrote: "When the period prescribed is a calendar month running from any arbitrary date the period expires with the day in the succeeding month immediately preceding the day corresponding to the date upon which the period starts: save that, if the period starts at the end of a calendar month which contains more days than the next succeeding month, the period expires at the end of the latter month."

So the legal interpretation of a calendar months’ notice is pretty clear.

Any views?

[dx100uk]

go do a direct debit reclaim for it then

you are covered by the DD guarantee ring your bank

[Raycross]

This could be construed as a contractual dispute. In this instance the direct debit guranratee does not respond

[dx100uk]

rubbish!

go do it let them argue after.

dx

 

[slick132]

Hi Raycross and welcome to CAG

If you had come here asking a different question (like, I want to end the agreement - When should I tell them and when should I cancel the DD mandate?)

My advice would have been, "If you want to give notice to cancel on 7th July, let them take the DD on 1st August, then cancel the DD via your bank and use the facility up to the end of August."

You paid a pro rata sum to use the facility from 11th to 30th November 2021. Thereafter, you paid on the 1st of each month in advance.

Challenge them if you want on the basis of Halsbury's Laws of England and reclaim the DD (which is your right) but I don't really see the point.