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Incorrectly Issued debt letters

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Chasingcars | 11:33 Sat 28th May 2011 | Law
12 Answers
My husband and I pay a monthly memebership to a gym.
We made the April payment and then switched Direct debit from one bank acocunt to our joint account. We were carefull to ensure we timed the switch right so it had no impact on the April payment nor the following May payment. The May payment was then taken correctly at start of May.
However about a week after changing DD, my husband got a call from the Gym saying we owed them April membership, I checked the bank statements and they had got the DD for definate so rang them back to confirm we have paid, they checked their system and said it did look fine, and would get someone to call us - never happened.
Then 2 weeks ago we got a letter chasing us again for the April payment, this time i went in person to the gym, they apologised said they hadnt linked the new DD to my husbands part of the account and said its all sorted. I asked for them to confirm in writing and they sent an email to me to confirm we had paid, and there was no debt....
Today, we get another letter saying they are going to pass our details to debt collection agency! I am so mad as Im really on top of all my payments, and clearly its their system thats wrong not us. Should i;
i) Leave them to send our details to the debt agency and take us to court and less them waste their time and money, afterall i have evidence to prove we have paid and made contact to sort out the matter
ii) Contact them again or go to their head office rather than local gym and try and get some compensation and then leave to go to another gym.
iii) Can we take them to court for unfair harrassment??
Anyone with some legal knowedge I would love to hear your comments
thanks :)
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I don't really understand why the april payment didn't go through as that was before you changed your direct debit.
Anyway, I suggest you do just do the part of (ii)- contact the head office. By all means ask for compensation- you may get a free month or a bunch of flowers. I'm not sure they'd let you cancel the contract- is that really what you want?
I don't see a case for taking them to court at this stage.
Good luck
This is the Little Britain syndrome - "Computer says no", the bane of modern life.
Question Author
Thats the odd thing, the April payment was made, but as I had a feeling they would make an error, we cancelled the DD after they took the April payment so they couldnt take any more monies from my husbands account, only from the new DD on the joint account which they have done!
Its just frustrating that noone can do their job any more, something so simple takes months to do. We pay them a lot of money (on top of monthly membership also pay extra for personal trainer) and feel we dont get very good service for all the money they get from us!! thanks for your answers :)
compensation for what? they have sent you a few letters...hardly harrassment...
Question Author
Compensation for referring us to a debt collecting agency when we owe them no money! That could show on our credit file and affect us obtaining credit in the future.
I am tempted to let them take us to court and waste their time and money, it may encourage them to take more care in future.
i would be worried about the affect of being taken to court albeit wrongly
Send them a Solicitors letter.
You will find that some solicitors will allow an hour of time free. It may be worth speaking to one and asking for an official letter. It may also be worth visiting your local citizens' advice.
But surely a phone call to the sender of the letter (presumably the Head Office) is more likely to bring this to a speedy conclusion and prevent your credit record being affected.
Then once it's sorted you can seek compensation/take revenge or whatever you want
As tempting as it may be ot let them take it to court where you can prove they are in the wrong, perhaps a letter sent recorded FAO the CO of the company is worth a shot?
you can just simply ask them that they have given you a wrong dept letter. Media URL: http://www.sampleletters.net/application-letters/
Description:
I would send copies of all the correspondence in the matter to Head Office with a note "GET IT SORTED....NOW""

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