Advice Needed: Lesson Cancellation Oversight and Refund Dispute

[LCat36]

I need advice, please. Last July (2023), I cancelled my children's weekly swimming lessons at our local leisure centre. However, I recently discovered that payments of £55.80 have been deducted from my husband's account every month since then. It seems the cancellation wasn't processed, and the staff member I initially spoke with has left the business. This was an oversight on our part, but it's concerning that nobody at the centre noticed our children's absence from the lessons for over six months. Earlier this week, I requested an immediate cancellation from the centre. They sent me a refund form, which I completed, asking for £334.80. Now, I've received a response from the centre stating:

“in the event of cancellation, the customer is required to also cancel the Direct Debit with the bank - this is to protect the customer against any error that may occur.

To conclude, I believe that there is potential justification for a partial refund - but not a full refund.

I would be happy to offer you a £167.40 refund as a goodwill gesture.”

My dilemma is whether to accept the partial refund and consider it a costly lesson learned, or if there is legal grounds to argue that the continuous deductions went unnoticed by the center staff, suggesting a communication lapse or oversight on their part. Additionally, I question if there's justification for the failure to provide the agreed-upon services and the inconvenience caused.

[echat11]

Have you got phone call records to show a call was made to cancel?

Have a read of their Terms and Conditions.
Although they have Terms and Conditions, their Terms and Conditions might be 'unfair'.
Do their Terms and Conditions stipulate that you have to cancel with the bank? (I think they may say that)

It might be easier to post a 'constructive' message on Social Media - Trustpilot, that employees hadn't noticed your children weren't at lessons over a 6 month period, I'm sure that will get their attention.

[LCat36]

ECHAT11, thank you for your response, I appreciate it.

Unfortunately, I don't have any records of the call. Typically, I'm meticulous about keeping logs, but with the start of the summer holidays and three young children to entertain, things got a bit hectic, and I lost track.

Their Terms and Conditions state “Members are also required to cancel their DD instruction (DDI) with their bank after the last payment has been debited, to fully complete the cancellation process. We will not refund monies collected because of Your failure to cancel Your DD at the bank.”

I admit the oversight on our part, but it's puzzling that the centre didn't notice the continuous absence of both children during the weekly lessons. It's also difficult to accept being charged for six months of lessons when neither child attended.

Should I reply to the goodwill offer, or would it be better to post "constructive" reviews about my experience beforehand?

[echat11]

'Unfortunately, I don't have any records of the call. Typically, I'm meticulous about keeping logs, but with the start of the summer holidays and three young children to entertain, things got a bit hectic, and I lost track.'

If you want phone call records, you can send your service provider a Subject Access Request, they will provide all the data on the account within 30 days. You can email it to them.

Normally on Trustpilot, company's tend to interact, they apologise or thank customers. Can go check if they respond to reviews?

[atticus]

The contract term quoted could well be deemed unfair under consumer legislation. It appears to protect them from the consequences of taking your money when they should not have done.

What about the so-called direcy debit guarantee? Have you raised this with your bank?