Should I have sued?

[Nate]

Ok so I joined Fitness First as I got a free years membership from being with Bupa, didn't fill out any card details as they didn't need them, didn't sign anything or agree to any payment that would be used on my account. I've been with them before and it seems they took the information from there (my old bank card details) and put a £35 direct debit on there, went down there today with the letter from Halifax saying they'd charge me as it was going in to OD(it's my old bank account, dunno why I even have it open anymore..think I'll close it as it's only causing problems). Got them to sort it out, and to pay me the charge Halifax are going to charge me because of there missmanagement of information.

So are they breaking the law by putting my card details on a form that I didn't fill out myself? Would I be a millionaire if I took them to court instead of burning the ear off of the manager?

Also I have cold feet, whats your recommendations for fixing this guys? Need some help here so FH GP's get on the case!

 

[tris-]

if they wont give the money back with refund of the charges, threaten a civil action to get it back.

 

[Nate]

Thanks tris, also about the other problem do you think I should put some socks on?

 

[tris-]

get a prostitute and stick one in her fanjita and one in poop chute.

 

[georgie]

get a prostitute and stick one in her fanjita and one in poop chute.

Sounds like personal experience there, Tris.

Of course that would imply that you had small feet or you know some very loose women.

 

[tris-]

size doesnt matter when your forcing things in places.

 

[Lamp]

You'll pay more in administration at the Small Claims Court than the £35 it originally cost you

Write them a letter making sure you state "WITHOUT PREJUDICE" just above the Dear Sir/Name part stating the situation. Keep a copy of the letter. Make sure you tell them you want a reply / or phone call within 10 business days of the date of the letter or you'll take further action.

Do NOT put your email address in the letter. It will only get ignored, or you'll be fobbed off with a standard response "Fitness First acknowledge your email and will respond to you within 155 days".

Write an old fashioned letter. Emails get ignored and are unreliable.

 

[Eeben]

size doesnt matter when your forcing things in places.

its not a matter of size! but meters per secound

 

[GReaper]

Woah! One step at a time! Check the Direct Debit Guarantee in the FAQs: Direct Debit FAQs

If an error is made by the organisation or your bank or building society, you are guaranteed a full and immediate refund from your branch of the amount paid.

And:

If any payment is made in error, you should contact your bank or building society who are responsible for giving you a full and immediate refund - even if the original error was made by the organisation collecting the payment.

Just contact your bank and/or Fitness First and explain the situation. You'll be fully entitled to a refund and the cost of any charges reclaimed as well.

 

[Rubric]

Woah! One step at a time! Check the Direct Debit Guarantee in the FAQs: Direct Debit FAQs



And:



Just contact your bank and/or Fitness First and explain the situation. You'll be fully entitled to a refund and the cost of any charges reclaimed as well.

I got the imression it was a card payment. Which wouldn't be covered. but yes if it's a dd go to the bank and get them to recall it as it was taken in error. they will also stop the charges.