Can a company screw me over like this and get away with it?

[rosey123]

I know its a bit much but please please read

- Fitness First keep taking money out of my card via D.D for somebody else's membership along with my own which I know is completely illegal. I cancel the other persons direct debit every month but FF keep setting it up again. I showed them the proof (my bank statements), called their head offices, visited the club over the past 6 month, threatened legal action and they still refuse to refund my money.

-THEN for the past two months they've been taking out money for this other persons membership from my bank account but not for my own membership even though i have the direct debit set up for my membership and enough money in my account. This is followed by letters in the post claiming that my bill is overdue...

-THEN the icing on the cake, I receive a letter in the post from a debt collection company saying I owe FF 320pounds even though i've paid all my bills and on time (the bills they didn't take out of my card I paid too). Oh and btw my gym membership costs 30pounds a month and iv'e been a membership for 6 months. Pls do the math.

Im really frustrated and stressed out by this because its so unfair. Im a student so moneys tight and I just want back the money they keep wrongfully taking from me and to get them to stop doing it in future. Any suggestions on what I should do? All answers greatly appreciated.


My bank said I'd get the money back but they wouldn't be able to stop FF taking money out in future because they've basically got my bank details. Id have to go in every month to claim back the money which would be quite time consuming (calling, filling out forms, waiting). is this the only option I have? What about the false debt collection letter? I took it to fitness first and they told me to just ignore it. It wont affect my credit rating will it?

[cypher1]

Unless I missed a detail, can't you just cancel your Debit/checking account, and create a new one? Or go bank somewhere else? If this is a major Visa or Mastercard account, can't you dispute charges like on a CC? Thats why I'm more paranoid about someone getting my Debit card than Credit. At least they don't tap into my cashflow for checking/saving. If the business is basically charging your account for someone else's membership, I would also flag your account for identity theft with credit bureaus.

[photo]

It sounds like you're not in the United States, so I'm not sure how legalities work elsewhere.

However, document everything in writing!

Have you threatened them with a lawsuit? I'm not a lawyer, but it sounds like you have a good case of theft or at least harassment.

Have you changed your bank account number or even your bank?

I'm sorry to hear what happened, but you've reaffirmed my opinion to never allow any company to make automatic withdrawals out personal accounts for any reason.

[kork13]

Definitely ask your bank to give you a new account number. If they won't do that, cancel your account. When you get down to it, they're basically making you the victim of fraud. Changing your banking information will at least stop them from making any further debits.

The harder part will be dealing with the collection agency.

Send a certified letter (to guarantee that they receive it) to the Fitness First company president/CEO/whatever. Outline the facts, what's happened, and state that you want the automatic debit billing to cease immediately, that the collection company needs to be informed of the error, and that the collection company is not to contact you again. Finally, state that if those things do not happen, you will be forced to pursue legal action against both companies. Writing to the company president in a case where his/her company is clearly at fault is typically a very effective method of getting stuff like this cleared up.

Send a similar certified letter to the debt collection company stating the facts, that it was a mistake on the part of FF, that they (the debt collection company) are not to contact you again regarding the matter, and once again, if they pursue the matter, you will be forced to take legal action.

If neither of those get things resolved, actually file suit. It sounds like you're in England, no? The laws are a little different than in the US, but do you have any sort of consumer protection organization over there? In the US, I'd tell you to report it to your state's Attorney General. Bring any/all documentation that you have. If you have any comparable agency, they should be able to help you.