Gym never set up DD for past 5 months

sarahf2k16

Hi guys,

Just looking for advice. i joined a gym back in May - i paid a joining fee and month upfront using my debit card. i gave the details for the gym to set up direct debit for each month.

I was checking my online banking last night and realised after going through statements that my direct debit must never have been set up.

The only issue now is that if i notify the gym of this I will likely need to pay for the 5 months upfront. I'm annoyed I didn't notice this sooner as DD suited my budget and of course I've spent the money allocated for the monthly direct debit elsewhere!

I want to change gyms but if I cancel then i will need to pay for the 5 months upfront and i can't afford that. If i say nothing then they could notice the error in a few months and come after me for the money?

What should i do?

Nervous Wreck

Are you sure they haven't taken it as a monthly subscription from your debit card? It wouldn't show on your list of DDs if they've done it as a card subscription so maybe check your transaction history first.

Tenigate

The DD mandate wouldn't permit them to take 5 months at once, so while you do owe them the money you shouldn't feel pressurised to pay it in one lumpsum. Worse they can do is cancel your membership if you don't pay arrears upfront. Best they can do is waive the arrears and start the DD from now.

sarahf2k16

Nervous Wreck wrote: »

Are you sure they haven't taken it as a monthly subscription from your debit card? It wouldn't show on your list of DDs if they've done it as a card subscription so maybe check your transaction history first.

Hi, thanks for your reply. Ya there is no transaction made/taken for the gym since my initial upfront card payment for the sign up and first month fee. I was told that the DD would be taken from the next month but it was never set up, my gym card has been active all this time. I didn't realise this as my friend had DD too and she didn't have the money twice and her gym card was deactivated temporarily after each DD bounced.

sarahf2k16

Tenigate wrote: »

The DD mandate wouldn't permit them to take 5 months at once, so while you do owe them the money you shouldn't feel pressurised to pay it in one lumpsum. Worse they can do is cancel your membership if you don't pay arrears upfront. Best they can do is waive the arrears and start the DD from now.

i only noticed the DD was never set up because i asked the bank to cancel it so i can cancel my membership. I was just worried they could take the money as they do have my card/bank details.

Tenigate

sarahf2k16 wrote: »

i only noticed the DD was never set up because i asked the bank to cancel it so i can cancel my membership. I was just worried they could take the money as they do have my card/bank details.

They may still present DD to the bank and backdate it. Or they might just write it off like any other cancelled DD. Are you sure they haven't already cancelled your membership?

You still owe them the money. It would just be easier for you to argue that you weren't notified of the amount or aware they were going to debit your account by a large amount.

Honesty's the best policy. Phone the gym, tell them you are cancelling your membership and have stopped DD with bank. I doubt they'll chase you for arrears.

Nervous Wreck

sarahf2k16 wrote: »

Hi, thanks for your reply. Ya there is no transaction made/taken for the gym since my initial upfront card payment for the sign up and first month fee. I was told that the DD would be taken from the next month but it was never set up, my gym card has been active all this time. I didn't realise this as my friend had DD too and she didn't have the money twice and her gym card was deactivated temporarily after each DD bounced.

Sounds like you fell through the cracks. I'd say nothing and move on, were it me.

sarahf2k16

Nervous Wreck wrote: »

Sounds like you fell through the cracks. I'd say nothing and move on, were it me.

Haha, that's what my friends have said but I'd be afraid that they'd notice in a few months and try charge me for 12 months or more even though I won't be using it.

Zillah

I'm not all that familiar with these things but can't you say to your bank "I am in dispute with company X; do not pay any charges from company X"?

I think you have a fair argument that you were expecting the direct debit to be taken out monthly, and have been spending accordingly, and as such can not be expected to pay 5 months of charges all together.

cnoc

Nervous Wreck wrote: »

Sounds like you fell through the cracks. I'd say nothing and move on, were it me.

Good advice - NOT.

coffee_cake

Even from a purely selfish pov, I'd talk to them about paying it back just so it wouldn't be hanging over me. Surely they'd agree a repayment thing as it was their mistake. If they start demanding it up front *then* talk to your bank

sarahf2k16

Thanks for the replies guy, appreciate the opinions of others. I decided to give my 30 days notice to gym today and will see what they will say when they see the mistake they have made. I will agree to pay the outstanding amount in 2 or 3 payments which I think is reasonable instead of paying the full amount at once. I want to join a new gym this month (there is no pool or classes at my current gym) so can't afford to pay two gyms in the same month!

Thanks again!

28064212

Tenigate wrote: »

The DD mandate wouldn't permit them to take 5 months at once

That's not how Direct Debits work. The gym can present a debit for literally any amount. The consumer protection side is that consumers can block companies, and reverse debits for up to 8 weeks

Tenigate

28064212 wrote: »

That's not how Direct Debits work. The gym can present a debit for literally any amount. The consumer protection side is that consumers can block companies, and reverse debits for up to 8 weeks

Yea.... That's what I said

Nervous Wreck

cnoc wrote: »

Good advice - NOT.

Excellent joke.

sarahf2k16 wrote: »

Thanks for the replies guy, appreciate the opinions of others. I decided to give my 30 days notice to gym today and will see what they will say when they see the mistake they have made. I will agree to pay the outstanding amount in 2 or 3 payments which I think is reasonable instead of paying the full amount at once. I want to join a new gym this month (there is no pool or classes at my current gym) so can't afford to pay two gyms in the same month!

Thanks again!

Trust me, almost zero chance they'll spot it.

Tenigate wrote: »

Yea.... That's what I said

That's not remotely anything like what you said.

Mellor

Tenigate wrote: »

Yea.... That's what I said

It's actually the complete opposite of what you said...

Tenigate

Tenigate wrote: »

The DD mandate wouldn't permit them to take 5 months at once, so while you do owe them the money you shouldn't feel pressurised to pay it in one lumpsum. Worse they can do is cancel your membership if you don't pay arrears upfront. Best they can do is waive the arrears and start the DD from now.

Back in 2005 I signed up with a new ISP, they had only started accepting domestic accounts. They didn't have their billing system in place properly and didn't take their money from my bank account for 7 months! And they took it in one go, thankfully I had left the money there. So it is possible.

Tenigate

Karsini wrote: »

Back in 2005 I signed up with a new ISP, they had only started accepting domestic accounts. They didn't have their billing system in place properly and didn't take their money from my bank account for 7 months! And they took it in one go, thankfully I had left the money there. So it is possible.

I didn't say it's impossible. I said as it's not what the mandate allows them to do, the customer can get the bank to reverse the charge.

28064212

Tenigate wrote: »

I didn't say it's impossible. I said as it's not what the mandate allows them to do, the customer can get the bank to reverse the charge.

Most mandates do not specify an amount. And regardless of whether the mandate specified an amount or not, the customer can reverse any direct debit within 8 weeks of the collection

utyh2ikcq9z76b

sarahf2k16 wrote: »

Haha, that's what my friends have said but I'd be afraid that they'd notice in a few months and try charge me for 12 months or more even though I won't be using it.

Did you not sign up for 12months? They might look for the 12months payment because of the contract