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

[Pollytom]

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.

Yes, I've phrased that wrong. You can cancel but if the recipient can show they have permission they can override

If she doesn't pay it back, tell her you're contacting the police

I dont get why the bank has released it to her?

A blunt email back to her to say

1. Show me a copy of the terms and conditions and where/when these were provided to me. Basically prove you told me you were going to do this.
2. Show me a copy of our agreement that I signed to say I wanted you to provide ongoing services to me.
3. No further payments from my card are authorised. Ever.

Then cancel the card.

I'd complain to the bank about this- you raised it as an issue and they still released it? Surely they shouldn't have done that!

I'm just waiting on her to contact me and see what she says. I have a feeling she'll come up with some BS like we need to carry out the sessions. The way I'm feeling at this moment I could really lose it, but I know I need to keep calm and just face this head on with facts. She needs to provide me with evidence of this 'small print' to confirm that she could take payment like this.

Also, this 14 day notice thing, that's just been sprung on me.

She needs to be able to prove she has given you the t&c's and you agreed to them. If there was no contract, I can't see how she can claim theres a notice period to cancel.
So she needs to either point out which email these were contained in to you. Or when she handed you her welcome pack (which she didn't have). Or whether there was any small print on the invoice? Or when you went online to pay the invoice.

i'd also go back to your bank and say the payment wasn't authorised, I am pretty sure you can still dispute it (though i'm not totally 100% sure on that but worth double checking with them).

Omg, she is a totally dodgy business woman.

Keep your nerve op and don't let her bully you.

That's how a lot of these companies work all they need is your long card number, expiry date and 3 digits on the back and then they can take your money. If she had a 14 day cancellation clause then she should have given you something to sign explaining her terms and conditions. On her website is there terms and conditions on her website?

I would kick off and give her merry hell that she stole my money and shock her into giving me back my money. It's the only language they understand.

They probably just couldn't stop it in time

• No contract clause

- No terms and conditions

• No small print
• No agreement

She's decided rather to send me an invoice (like previously) she has changed to automatically take it from my account without my permission effectively.

Give her hell she has no right to your money she has to refund you immediately. Go to your bank and put through theft claim to get your money back.

Complain to the gym as well

I was thinking of it more from needing the money for DD's birthday and probably not going to get it back in time.

But the second part 100% depends on the business owner's personality. Some will feel extremely hard done by and think they're entitled to the money, others won't.

She’s behaving in a way that’s seriously unprofessional and you could cause her a lot of problems if she doesn’t refund.

Unless you gave her specific permission by signing T&Cs clearly made available to you then she is in breach of all sorts. She’s putting her business at risk. I’m sure she’s just naive and inexperienced but you can’t let this slide.

Tell her that unless she sends you the proof that you signed up to a recurring contract with a 14-day cancellation period and allowed repeat charging to your card, OR she issues you a full refund, you will be making an application via Small Claims court.

She's managed to set up a DD from your account without anything from you in writing? This is fraud.
I'd instigate chargeback process and ask bank to lock account against her (which they can do as well). Would also leave bad review and speak to local police. Our lot have a scam and fraud desk that keep tabs on sharp practice like this. I doubt they'd act but you might not be the first she's squeezed this way.

A lot of underhand things go on in gyms.
Pocketing cash from people who pay each time on an adhoc basis rather than a membership, and lots more besides.
Also, they only care about the money they can drain from you. Look at all the people that give notice on a membership to find out it hasn’t been cancelled and they’re the ones being sent threatening legal letters because they stopped the DD, after noticing the money still going out.
The letter you intended to write is the best option. Keep it formal.
A hint of legal action (whatever form it is that you can take).
She’s chancing her arm and doesn’t deserve your business.

If all else fails, then leave a review on GoogleMaps as well as any other review sites. She’ll return the money once she sees the review.

I’m sure she’s just naive and inexperienced but you can’t let this slide.

I think it's this. She's not very business savvy and is young(ish). I knew this when she made the mistake with the second invoice. She was quite dismissive about it. I think this is her first type of self-employed job she's had. I know she's only worked at this one gym. I want to give her the benefit of the doubt as she does come across as a nice girl when I was training with her but what's she's done has made me lose all respect for her.

I don't want to say too much more as it's quite outing, but I did see her today and I am waiting for her response now to my email.

Will keep updated.

That's very sharp practice indeed. I'd also tell her you will not be letting it lie and will go down whatever formal routes you need to.
And stop thinking of her as a 'nice girl' and giggling about being a wimp.

As above, leave reviews wherever you can. I would inform her that you are going to do this. I would also inorm her that she committed fraud so you will be reporting her to the appropriate agency. This is not how you do business and its why people don't trust small businesses!

I’d give her 48 hours, to refund all the money, and delete all your details off file.

I would be livid - absolutely livid.

I would be including what you said about going through a rough time and these sessions building your confidence up and then your trust and emotional energy have been attacked by her actions. I’d be adding on they could have had a massive detrimental effect of my financial circumstances and causing me hours on the phone and stress with the bank.

I would be saying this all to her - it’s totally unacceptable.

no notice needed, no contract no small print nothing signed etc

I would be giving her 48 hours and then say I will be going via small claims court and reporting the use of the card as fraud to the police.

I’m really sorry OP that would totally upset me too.

change you card number ASAP

Goodness the word police are out. Get a life !

I’m not buying naive given the lengths she’s going to keep your money.

the contract is not binding, obviously.

I would write to her and say you expect the money refunded within 48 hours or you will start small claims proceedings. .

And also point out that any small claims proceedings will have GDPR implications through her misuse of your data.

Unbelievable, she’s a total CF and I wouldn’t be willing to let her get away with it for all the tea in china, she’s taken the utter puss and needs her arse handed back to her on a plate. Raise a chargeback with the bank and contact trading standards. Get that money back from her, she’s being utterly unreasonable