DW Sports Gym - Cancelled Membership

[matthewl73]

Hi,

 

Please help!

 

I cancelled my gym membership in September 2011.

This was in the first 6 months so had to pay DD until the 6 months was up.

 

Believe it or not I only just noticed that they have continued to take the DD so now £308 out of pocket.

 

I didn't cancel in writing - was not advised to do so - and was only given a 'tear-off' receipt as proof of cancellation.

Obviously I no longer have the receipt.

 

I have spoken to my gym about it, they cannot find any evidence that I cancelled my membership and therefore I will not get any refund -

it is up to me to prove that I cancelled.

 

They acknowledge that I have not used the gym since September 2011 but this is not evidence in itself.

 

I went to my bank about it and they put in an indemnity claim and paid me back the money.

 

DW have now contacted me to say I need to pay it back or they will refer it to ARC for collection.

 

Yes, I should have paid more atttention to my bank account but what can I do now?

 

I'm waiting on a call from DW Area manager about it.

For me this is down to staff incompetence and failure to have a proper process.

I wasn't advised to put it in writing either.

They have never contacted me either to see if there's a reason why I haven't been in the gym for over a year!

 

Any advise greatfully received.

 

Thanks

Matt

[dx100uk]

HI Mat

 

pers i'd ignore them

 

ARC are a DCA

 

dca's have no more legal powers than you or i

 

all they do is send threat-o-grams

 

as a check i'd get your CRA file

 

see below

 

as i hope its not been trashed

 

dx

[locutus]

1st step is to talk to them and get them to refund you.

2nd step if they refuse, talk to your bank and invoke the "direct debit guarantee" as you had informed the company that you were canceling, they needed to cancel the direct debit. Your bank should reclaim these funds for you.

[dx100uk]

it reads he got his money back i think

 

just got a dca chasing it for the gym now?

 

dx

[locutus]

yeah, I misread that... as DX says, ignore them... the bank was satisfied that you didn't owe it.

[slick132]

Hi Matthew and welcome to CAG

 

You already realise you were daft to not cancel the DD mandate and to not check your statements.

 

Worse still, you didn't cancel in writing or keep the cancellation acknowledgement so you had no evidence to support your claim that you cancelled at the gym.

 

So, although I'm surprised that the bank refunded under the DD Guarantee Scheme, I'm also delighted for you !!

 

Now we just have to ensure everything is now fair for both you and the gym, to make sure they have no grounds to pursue you for any amounts.

 

Can you confirm :-

 

1. Approx date you joined.

2. Date you gave them notice to cancel (verbally).

3. Date of your final DD which you thought was payable.

4. The date of the first DD that the bank refunded.

 

My concern is that it's normal and reasonable to give a month's notice to cancel and only after THAT do you stop paying. So depending on the date you cancelled in September, you may owe for October as the final month.

 

Depending on your answers, I may advise that you pay an extra month's fee, to make sure that gym or their admin company does not have a good basis in law to take court action against you.

 

Do not speak to the DW area manager if he calls. Tell him to put anything he wants to say in writing.

 

Do not speak to ARC and tell them the same - everything in writing only.

 

The gym and/or ARC will be HUGELY miffed that the bank took back the DD's and they'll threaten all sorts when you refuse to repay them. But if you stick with the advice here, you should be able to adequately deal with ARC's (no doubt numerous and vociferous) demands.

 

[slick132]

Just thought ...........

 

What was the monthly m/ship fee.

 

The gym and/or ARC will start adding "admin fees" to your a/c in the hope that you'll pay for fear off the fees racking up. Any such admin fees are, in fact, penalty charges and are not enforceable in law.

 

ARC will never accept this and there will probably come a point when you'll have to say, "From now on, I'll ignore you." and leave them to take court action if they think they have a chance. If this happens (which is most unlikely), we'll offer you all the help we can, to defend and claim costs from them.

 

[locutus]

Maybe a famous Slick letter like:

 

I wish to be reasonable in the matter and realise I did not give notice to cancel. I am therefore willing to offer, without prejudice, to pay the equivalent of one month's fee as compensation for the cancellation. If you confirm, in writing within 14 days, that you will accept £xx.xx as a cancellation fee in Full and final settlement of all monies owed in respect of my membership, I will pay this by return to end the matter.

 

If you do not accept my offer within 14 days, I will withdraw it and exercise my right to ignore further communications or demands from you.

 

If you pass the alleged debt to a collection company, I will bring the matter to the attention of the OFT without further notice.

 

I trust I have made my position clear.

 

Yours faithfully,

 

(Obviously only send it if you feel you owe that 1 month for the cancelation period)

Edited October 14, 2012 by locutus

[slick132]

Maybe a famous Slick letter like ........

 

Possibly, depending on Matthew's reply to us.