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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Money taken from account...now in an awkward situation.

248 replies

Pollytom · 17/04/2023 18:26

I've AIBU for traffic.

A couple of months ago, I purchased some fitness classes at my local gym. An invoice was sent to my email and I paid for the classes with my instructor. After the sessions, another invoice was sent over (the instructor had incorrectly billed me) but I paid the invoice anyway and notified her of the error, which she just said she would take off next time. There was absolutely no indication at any point that I had signed up to any type of subscription. It was simply an invoice with the amount for the sessions and then the option to pay for the classes using my bank card. There was no contract, and I didn't sign anything that reflected I had entered into any type of agreement.

Anyway, after two block of sessions with her, I notified her that I wouldn't be continuing as I felt confident to do my own thing. No invoice arrived - but a large chuck of money left my account. I've reached out to her to query this, and her response is that she needs 14 days notice and I must continue with this block of sessions. She didn't tell me I needed to give her notice, and she didn't tell me at any point that it was a subscription I was entering into. I don't have a clue how this has happened tbh. Why send me invoices, and then suddenly no invoice but an automatic withdrawal.

I feel awkward now as I needed that money for DD's birthday and now it's gone and will have to continue with classes that aren't even needed.

OP posts:
Heroicallyfound · 17/04/2023 18:28

Why send me invoices, and then suddenly no invoice but an automatic withdrawal.

what did she say when you asked her this?

fortheloveofflowers · 17/04/2023 18:28

Is it via a credit card/PayPal or direct bank transfer?
I’d keep pushing it and if she refuses to refund you leave a review.

EauNeu · 17/04/2023 18:29

If so they may have broken payment services regulations. You could do a chargeback through your bank.

GabriellaMontez · 17/04/2023 18:29

Give her a chance to return it as you've not signed an agreement or been shown these terms and conditions.

Contact the bank.

Original poster
Pollytom · 17/04/2023 18:33

She's just said ' after this month, no more monies will be taken' and hope you're okay to continue. Hope you understand etc.

OP posts:
Windinmyhair · 17/04/2023 18:34

You need to be firmer - tell her no, you weren't signed up to a subscription and need the money returned.

Original poster
Pollytom · 17/04/2023 18:35

Windinmyhair · 17/04/2023 18:34

You need to be firmer - tell her no, you weren't signed up to a subscription and need the money returned.

I know - I'm such a wimp haha.

She's a nice girl but I do feel v.v pissed off about it. Not going to lie.

OP posts:
EggyTweet · 17/04/2023 18:38

Does she have any terms and conditions? A website, leaflets etc.

itsnotyourfence · 17/04/2023 18:38

I don’t understand how she’s set up a payment on your account without having your account details

do a chargeback through your bank

id also be reporting her to the gym because it’s exceptionally dodgy

GreenFingersWouldBeHandy · 17/04/2023 18:40

I've reached out to her to query this

F that. Ask for your money back!

dementedpixie · 17/04/2023 18:40

I gather she's used your card details to charge the payment to you?

I'd do a chargeback as you haven't authorised an additional payment. She shouldn't have been holding onto your card details either

EggyTweet · 17/04/2023 18:41

A lot of the time these days by making a booking, you are agreeing to the terms. Often times hair/beauty self employed workers have terms and conditions on their Instagram or they’ll email/text you the terms. By making a booking you agree to them. Is there any information you’ve been given/should have read?

ShowUs · 17/04/2023 19:09

After the sessions, another invoice was sent over (the instructor had incorrectly billed me) but I paid the invoice anyway and notified her of the error,

I don’t understand why you would pay knowing it was incorrect.

You may have accepted by paying.
Many places will have a rolling subscription and need a certain amount of notice.

I would look on her webpage at the small print and find out where it says this.
If it doesn’t say anything about a notice I period then use that in your defence when you speak to her again.

Original poster
Pollytom · 17/04/2023 19:14

EggyTweet · 17/04/2023 18:41

A lot of the time these days by making a booking, you are agreeing to the terms. Often times hair/beauty self employed workers have terms and conditions on their Instagram or they’ll email/text you the terms. By making a booking you agree to them. Is there any information you’ve been given/should have read?

There was nothing. I wouldn't have signed up as I don't like subscription based things, unless i can easily cancel them. It's worrying that she has control over my money...only she can cancel it to an extent. (My bank has already contacted Visa and they are sorting it). I've checked through my emails and there has only been the two previous invoices that I have paid. I was slightly late paying for one invoice and my bank still didn't take the money, so it's quite baffling how suddenly money has come out of my account, yet no invoice was sent to me.

It's only a small gym, and I don't want things to be awkward between us. She's a nice girl, but not very business savvy. I feel I have been very fair on her as a client. I have given her progress pictures she can use on her website, she's asked for testimonials which I'm happy to provide and when I was ill during the first block of sessions, I told her to take them off and class them as 'paid for' so she wouldn't lose out of her time.

I'm actually upset she's gone and done this, but want to be respectful and handle the situation carefully. If she's saying that she needed 14 days notice because of her time or whatever, perhaps i should offer to pay her a small fee towards that, or just pay for two more weeks but I certainly don't need more weeks...

OP posts:
Original poster
Pollytom · 17/04/2023 19:16

ShowUs · 17/04/2023 19:09

After the sessions, another invoice was sent over (the instructor had incorrectly billed me) but I paid the invoice anyway and notified her of the error,

I don’t understand why you would pay knowing it was incorrect.

You may have accepted by paying.
Many places will have a rolling subscription and need a certain amount of notice.

I would look on her webpage at the small print and find out where it says this.
If it doesn’t say anything about a notice I period then use that in your defence when you speak to her again.

Because it was only a small amount, and at the time seemed petty for her to change it. I thought perhaps we had gone over a session or something, so did query it. She told me to pay it and she would take it off the next block.

OP posts:
TruffleShuffles · 17/04/2023 19:19

I don’t understand how she has taken your money? How did you pay previously? You say you received an invoice and then paid so how does she have your bank details to take a payment? Did you set up a direct debit?

dementedpixie · 17/04/2023 19:20

Did you give her your card number and expiry date for a previous invoice?

She shouldn't be holding onto those details and shouldn't be using them to pay for classes you haven't authorised. Cheeky cow!

DartmoorWild · 17/04/2023 19:21

Unfortunately you're not going to be able to resolve this without it getting awkward, you need to decide how much you want to fight it.

If you want to fight it, email her and ask her to produce the signed terms and conditions that state she can do this. Give her a deadline of 5 working days to produce this. If she doesn't or won't, once the deadline has expired, give her another deadline to refund the money to you within 5 working days or you will be filing a claim with small claims court to recover the money.

It will probably mean you won't want to use their gym again in the future but being firm is the only way.

redbigbananafeet · 17/04/2023 19:23

How can someone take money from your account unless you've set up a direct debit?

Mirabai · 17/04/2023 19:24

This isn’t a subscription it’s an unauthorised payment so report it to your card provider.

h3ll0o · 17/04/2023 19:26

You need to send her a polite and factual email explaining what you have here re no contract, previously paid by invoice etc. Give her a chance to pay back the money (give a 7 day deadline) and explain after that date you will start a charge back via your bank.

BrandNewBicep · 17/04/2023 19:26

She does say in her OP that she was given the option to pay by bank card. If this is what she did, then it explains how the instructor was able to take money from her account - like Netflix for example.

AluckyEllie · 17/04/2023 19:27

I would send quite a formal reply.

I did not sign up to a subscription or give permission for my bank details to be used for a standing order. I have not signed a contract with any details of notice. Please return my money or I will be contacting my bank to report it as fraud and stolen details, and also letting the gym know that this has occurred.

She has no right to set up a repeat transaction without letting you know and without a contract. Hopefully she’s young and naive rather than a complete scam artist.

Original poster
Pollytom · 17/04/2023 19:29

TruffleShuffles · 17/04/2023 19:19

I don’t understand how she has taken your money? How did you pay previously? You say you received an invoice and then paid so how does she have your bank details to take a payment? Did you set up a direct debit?

So, what normally happens is, she sends me an invoice and there is an option on there to pay it. That's what's happened for two blocks of sessions. This time, she didn't send me an invoice. The money just came out of my account automatically.

OP posts:
Mirabai · 17/04/2023 19:29

You don’t have to contact her again. Just get your payment provider to sort it out.

She knows what she’s doing.

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