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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:
Moser85 · 17/04/2023 23:18

moomoomoo27 · 17/04/2023 22:58

She can dispute the chargeback and provide evidence. The bank decides who is in the right.

It takes a long time to get the money back if she disputes the chargeback claim, which she probably will, because she's given time to submit evidence and then the bank is given time to decide on the outcome.

She's also got a case for winning if she can show she's provided the services paid for to the OP.

Show quote history

Even if she disputed it surely she's not going to charge her for another block of classes in the meantime. It should be clear now to her that the OP wants to cancel, unless she expects some kind of formal cancellation and is hoping OP doesn't do it so she can charge her again which I would imagine is unlikely and not something that someone running a small business is going to do.

Nothingisblackandwhite · 17/04/2023 23:32

Unless they invoiced you or have it on the terms and conditions then they can’t do it . How was this paid card or direct debit ?

Lifeisapeach · 17/04/2023 23:37

You must have signed a direct debit mandate to allow her to take money from your account. If you didn’t sign this then the bank MUST refund you so I would check with the bank.

AdobeWanKenobi · 17/04/2023 23:44

Lifeisapeach · 17/04/2023 23:37

You must have signed a direct debit mandate to allow her to take money from your account. If you didn’t sign this then the bank MUST refund you so I would check with the bank.

Please read the thread.
it explains how this has happened without anything being signed or direct debit being set up.

changeme4this · 18/04/2023 00:08

It's timely to talk about these direct debits and the like. We are not in the UK but had not a disimilar experience with the advertising business that runs the telephone book advertising.

Usually we annually authorise draft advertising. Last year they stopped accepting monthly repayments and took a lump sum from our working account, we decided that was it and we wouldn't use the telephone book again.

I spoke to the Rep at the time and I'm positive I told her. However didn't put it in writing....

They have gone ahead this year with the advertising for 2023 with no authorisation or request to confirm the draft is still valid, and planned on taking out the annual lump payment earlier this month.

They claim because the advertising email was ''opened'' that I read the terms and conditions which is linked to their website, and apparently the terms and conditions have changed to allow for automatic renewal.

I our bank has cancelled their direct debit authority which was a roll over type.

They have offered a discount of 25% and 3 repayment amounts for this year.. but I had emails flying back and forth for many days.

So OP with your experience and ours, let's hope people start asking the questions about the length of financial commitment and where it is in writing.

Good luck with getting your money back.

MaryBeery · 18/04/2023 00:29

If the payment is shown as pending, she's not actually taken the money, it's just that the bank/credit card company has put a hold on it prior to payment. This can happen as the result of a technical glitch during the payment process, where the authorisation goes through at the bank end, but it doesn't send the response back to her end in time, so her software thinks it's failed. The bank/card company is supposed to release the hold on the money after a reasonable period of time, but for some of them it can be quite an extended period - Santander used to be particularly bad if I recall correctly. That's why I never pay for anything beyond small contactless charges with my debit card, as using my credit card gives me more time to deal with an error of this kind without risking it causing any direct debits I'm due to pay failing. Also the Section 75 protections for purchases over £100 come in handy.

Lifeisapeach · 18/04/2023 05:21

I read the thread very well thank you. As I said. If she did not sign anything then the bank must refund her as it’s an unauthorised transaction.

rowanoak · 18/04/2023 05:38

Yes, this. Shine your spine, OP. Do you want your DD to let people walk all over her like a doormat? Because this is what you are teaching her with your actions even if your words to her might (hopefully) be something else. Children learn from what is modeled from them.

Please try to stop being a wimp so you can live a happier life and so your daughter won't become one. I know it's hard but therapy and self help books and assertiveness training are all things that can help. Good luck with getting your money back as well as with the shine-spining. I am rooting for you.

user1492757084 · 18/04/2023 06:04

I can't believe a payment came out when you had not organised a direct debit payment with your bank.
Did you give her your credit card details? Did she keep note of the number etc.(which is not right)?
Meet in person.
Ascertain that you will finish up by set date XX.
Take evidence of the payments already made and ask how much you have over paid.

Request a reimbursement of all agreed upon over payments.
She might have over looked one of your payments.
You might have been scammed by someone else.
It might be simple.
If is gets messy - put it down to experience and pay cash next time.

AdobeWanKenobi · 18/04/2023 08:57

Lifeisapeach · 18/04/2023 05:21

I read the thread very well thank you. As I said. If she did not sign anything then the bank must refund her as it’s an unauthorised transaction.

Then you would know that the OP did not sign anything as you said she ‘must have done’.

Original poster
Pollytom · 18/04/2023 08:58

Update. She messaged this morning. She has said that once I've made payment, written in the small print, my details are stored and used on a monthly rolling (making it easier for client and trainer).

OP posts:
LudicrouslyCapaciousBag · 18/04/2023 09:05

Where exactly was this small print? You can simply respond to let her know that you have disputed the transaction directly with your bank.

Original poster
Pollytom · 18/04/2023 09:20

There was no small print. I know exactly what's she done. I will be speaking again to Stripe to confirm but she's simply changed the type of payment method which she can do from her end.

OP posts:
Mirabai · 18/04/2023 09:23

Ask her to send you a copy of the “small print”.

Mirabai · 18/04/2023 09:24

(I know there is none, but then you can show it’s a lie).

BusterGonad · 18/04/2023 09:28

Pollytom · 18/04/2023 08:58

Update. She messaged this morning. She has said that once I've made payment, written in the small print, my details are stored and used on a monthly rolling (making it easier for client and trainer).

If you've kept the emails etc then you can dispute it. Don't ask for her t&cs as she'll send new ones to coincide with what she's said. She's fucked you over. Don't stand for it. Yiu seem to have just accepted it.

Original poster
Pollytom · 18/04/2023 09:31

It feel really upset by it all tbh. My self esteem is really low tbh and she helped me through a tough time getting my confidence back and now I feel she's screwed me over. I understand business, but this is just out of order and I know that.

OP posts:
LudicrouslyCapaciousBag · 18/04/2023 09:31

Pollytom · 18/04/2023 09:20

There was no small print. I know exactly what's she done. I will be speaking again to Stripe to confirm but she's simply changed the type of payment method which she can do from her end.

Well, she isn't being nice so you don't need to any more. Refer her to the Stripe merchant guidance posted by a pp last night and let her know that you will be lodging an official complaint with Stripe about her.

GabriellaMontez · 18/04/2023 10:45

Pollytom · 18/04/2023 09:31

It feel really upset by it all tbh. My self esteem is really low tbh and she helped me through a tough time getting my confidence back and now I feel she's screwed me over. I understand business, but this is just out of order and I know that.

OK, she's a bully. Like all good bullys she recognises that you're a bit down at the moment and has targeted you.

She's not a nice person. Shes a thief. You'll feel better when you stand up for yourself.

SherlockStones · 18/04/2023 10:48

Pollytom · 17/04/2023 18:35

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.

Show quote history

She's not really a nice girl though is she? Because she knows exactly what she's doing and simply doesn't care.

Mirabai · 18/04/2023 10:58

BusterGonad · 18/04/2023 09:28

If you've kept the emails etc then you can dispute it. Don't ask for her t&cs as she'll send new ones to coincide with what she's said. She's fucked you over. Don't stand for it. Yiu seem to have just accepted it.

Show quote history

If she has no record of OP signing to a particular set of Ts and Cs then there is no contract, that’s the point.

BusterGonad · 18/04/2023 11:18

Pollytom · 18/04/2023 09:31

It feel really upset by it all tbh. My self esteem is really low tbh and she helped me through a tough time getting my confidence back and now I feel she's screwed me over. I understand business, but this is just out of order and I know that.

I'm sorry to hear that, but you need to be firm, and yes she does sound like a bully and bully's need to be stood up to. You can do it op.

BusterGonad · 18/04/2023 11:19

Mirabai · 18/04/2023 10:58

If she has no record of OP signing to a particular set of Ts and Cs then there is no contract, that’s the point.

Show quote history

Oh, sorry, I thought you meant sent over the t&cs not the original copy (which doesn't exist).

mainsfed · 18/04/2023 11:27

JudgeRudy · 17/04/2023 22:10

Have you inadvertently set up a Direct Debit. If you have you can't just cancel it at 'your end' she has to do that.

I can unilaterally cancel direct debits via my online banking. I’m just advised to let the retailer know.

Sounds like the PT has done something different.

I wonder how many people she’s screwing over.

Original poster
Pollytom · 18/04/2023 11:34

Just spoken to my bank again. The money has been released to her bank now!!😡😡 My bank has put a block on future transactions from her.

I have asked demanded that she puts it back into my account. I genuinely can't believe she's done this.

OP posts: