Paying for other child's activity without knowing

[Coffeesnob11]

My ds has swimming lessons at a sport centre. I pay monthly by dd. I recently checked my bank account (adhd) and realised they were taking duplicate amounts on the same day from my bank account.
I rang the sports centre who rang their outsourced payment provider who told them it was for gymnastics lessons for child x at a different centre. The payment provider said they couldn't refund the money and I would have to use the direct debit guarantee.
My bank won't proceed as I have nothing in writing and my sports centre said they can't confirm as it wasn't them. I am not allowed to speak to the payment provider and of course the order centre won't talk to me about this other family's account. I also complained and asked them to investigate how my bank details were used to pay for another child I have never heard of, in a different town, for a different sport.
The manager of the local sports centre rang me and said the payment provider would now refund the amount but it would take 5 days and he would get back to me about the complaint.
Guess what?

You giessed it. 10 working days later and no refund (£100 so not insignificant) and no explanation how a direct debit was set up with my details by a different sports centre for a family with a completely separate name (I have an unusual surname)

Where do I go from here?

The bank should sort this out for you, I had a similar situation about 30 years ago. I found out that I was paying someone else's car insurance as well as my own. The insurance company had misread the account number when inputting the Direct Debit request and the bank hadn't noticed (or something like that) when I raised it my bank sorted it out and I was refunded by them immediately.

I have tried sorting it with the bank but they insist I need written proof I havent received the services which I can't prove.

The random sports centre might at least back you up and say your DS hasn't attended and it's a mistake ?

I'd go back to the bank and tell them you have a suspicious transaction that you think is fraud. They then have to go back to the payment provider for evidence it's a valid payment.

You can not ever really prove something "isn't" you so that's unreasonable of the bank.

What @Zebrasinpyjamas said.

Ask the bank what kind of proof they require when the transaction has been entirely set up administered without your consent or knowledge.

Your bank need to do a direct debit indemnity. It's not on you to be proving anything, it's an unauthorised payment and thats what the direct debit indemnity scheme is there for. The bank will then contact the company to claim the refund back.

You would be surprised how many people work for banks and don't know what they are talking about.

Ask the bank to do an indemnity claim under the direct debit guarantee. legally, you can challenge any direct debit taken from your account that you haven't agreed to.

They won't as it was a different centre and not them!

Thanks, I will try again using this language. I will maybe ring them instead of using the messaging service they always suggest.

but that's what I'm saying - would the different centre in wrong location give written proof that .your DS never attended if you contact them about the mistake as this would prove it wasn't you receiving the service ?
Either way I really hope you can make progress.

FFS, if you are not refunded, it’s fraud. Time to lose your shit.

i’m glad you’ve had good advice. How is it not proof you haven’t received these services when it’s not your child and you have no parental authority to sign them up for whatever class?? I would complain, and add that if their policy is that they will support and maintain any unauthorised debits unless you are actively proving it’s not you then they need to communicate that clearly to their customers as they are legally required, so customers know to find another bank, one that cares about fraud.

The bank is in the wrong here. The direct debit guarantee does absolutely guarantee that you don't have money you don't owe taken from you. If you declare a payment was not due and taken in error then the onus is on the service provider to prove to the bank that they had your authorisation correctly

The sports center needs to provide you with proof. They initiated this withdrawal and if they don't have proof that it was you - then they are guilty of fraud.

Yes, this. This sort of thing is pretty much what it's there for!

As well as the other advice on here that is a huge breach of data protection.

I’m assuming this is Nat West?
I found no one there knew what they were talking about when I had a problem. I had to push and push to sort it and in the end they had to send me a grovelling apology and £150 compensation.

Have you put this all in writing to the sports centre, or just spoken to manager on the phone? If you haven't, putting it all in (firmly written) writing is the next step.

Is it a Council run sports centre? If so, I would have thought that the next step after that would be to complain to the department that oversees leisure facilities. However, if it's council run, sorting out the refund might not be as quick as private, they have to go through reems of red tape and multiple approvals because it's public money so it may be that they are actioning it but it's slow.

How long has this been going on for? Would like to be a fly on the wall with the conversation with child X's parent next time they bring them to gymnastics...

I would try and get something go in writing, via email.
I think it's your bank who needs to be sorting it out.

I would consider emailing both sports Centre’s jointly, ideally copy in their Data Protection Offices (privacy policy will have their details) and ask how they have complied with GDPR to keep your bank data safe.

Point out that they have unlawfully processed your data and they are responsible for rectifying it. You could ask the second sports centre for the DD Guarantee you signed. Note: you didn’t sign one so they can’t provide it.

You haven't been given the correct information by your bank, you don't require anything in writing to be instigate a direct debit indemnity claim. The bank submits the claim for you and the onus is on the company to provide evidence that you did sign up, you can't prove that you didn't! It would be worth ringing your bank back and speaking to a different advisor who should be able to process your claim.

Thank you all. So I spoke to the bank again and got someone who was much more helpful. They have refunded me for now but still suggesting I contact sports centre asking them to confirm they shouldn't have taken money. I will now email the group owners of the sports centres about the data protection issue.