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Gym took direct debits with no contract in place.


Cyrano
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Object: I need legal advices because I feel really stolen and I would like to know if I can win this in court.

 

Please let me explain my problem.

My wife suscribed a gym in june 2005. She benefited from an offer for 3 month I think, or anyway she onlly wanted to register for 3 months.

She filled in all the paper BUT DID NOT SIGN the accept terms and conditions box. On my side, as she asked me, I SIGNED the direct debit.

We have not been told the it was for an automatic renewal, neither that we have to write them a letter to cancel the subscription (after the 3 months).

Basically, they did not explained to us the way it works and we did not agree with the terms and conditions but I signed a direct debit form.

My wife then went in the gym for those 3 month. ( just to be exact she posponed the august month to september as she was entitled to as we were away for that month... Anyway, I don't think it makes any diference for our case.)

And, after september she never went back to the gym.

BUT GUESS WHAT ??? they have been debiting me for all that time ( till this month: june 2007... ie 20 months @ 46£).

 

I went to see them twice, trying to see the general manager who never accept to receive me. And the Manager just tells me that I have sign the direct debit and that I will be contacted by the general manager soon( when? who knows) by post or by phone...

 

On a matter of good faith as well, when I came , they checked on the computer and saw that my wife never came after september 2005. they did not offer to sort out the situation as I have been paying for something I never wanted and never used. As it did not cost them anything, a refund would have seem completely logical to me...

 

THEN I WOULD LIKE TO KNOW IF I CAN WIN THIS CASE IN COURT. Effectively, I just would like the 20 months (that I have NOT USED and never intended to) which have been charged to be refunded to me.

Could you also please tell me where I need to go to do it.

 

THANK YOU VERY MUCH IN ADVANCE OR YOUR HELP!

 

Cyrano

(funny that this name has not been used yet as so many people lool to want to retaliate !!! lol !!! )

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sorry can't help but I would think that as you only signed the mandate for the dd and not agreeing to the t7c's then you can cancel the membership. I think you would be best asking your local citizens advice bureau!

I think you have a good chance personally but I am no expert! Good luck.

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Welcome to the site.

Did you sign anything else?

What was the small print on the mandate do you have a copy ?

I am moving your thread to general consumer issues.

If they are regulated under the consumer credit act you could ask them to supply you with all the details they hold on you.

If not then you can do it with a S.A.R.

If you take this to the small claims you would need to have all the evidence to support it.

Keep all comms together for this.

Your local trading standards may act on your behalf and a phone call to them to ask for their opinions would not do any harm.

Keep us updated.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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You can also cancel the direct debit with your bank to make sure they will never collect money from you anymore.

Halifax - £245 - SETTLED - in full

MBNA Business - £190 - SETTLED - in full

HSBC - Closed business a/c - £1,850 - SETTLED IN FULL

HSBC - Business a/c - £4,388 - SETTLED FOR £4,100

Nat West Card - SETTLE IN FULL - £124.71

Halifax Credit Card - MCOL 26th May 2007

Egg - 1st LBA 12th May 2007

Are you a business customer, let's join forces subscribe to:

 

http://www.consumeractiongroup.co.uk/forum/general/68191-claiming-business-account-lets-6.html#post646109

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Thank you all for your help.

Do not worry make_me_happy, direct debit has been suspended in agreement with them ( however I would not recommend to someone else to do that without it to have been agreed with the gym)

 

Martin 3030:

I did NOT sign anything else apart from the direct debit authaurization.

The terms and conditions WHICH WE HAVE NOT SIGNED specified that we have to write them to cancel the subsciption.

I DO HAVE the membership application form copy where the box where I am supposed to sign to agree the terms and conditions is left blank.

( I think we have more to argue because on this paper, the fee was supposed to be 43 £ and they increased it every year without letting me know, as they were supposed to. They should have kept a copy no? I read in a forum that a gym which claimed not to have received teh cancellation letter was right to ask for the copy for the proof ... ANYWAY)

 

1. how can I know if they are regulated under the consumer credit act?

2. what is S.A.R. ?

3. What is small claims??? where is that ?

4. What is trading local standards? how can they act for me ??? How can i get in touch with them

 

Thank you again for your support and help. It is very much helpfll and appreciated.

Thanks

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