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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47405
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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As the leisure centre decided to ban my brother from their

Resolved Question:

As the leisure centre decided to ban my brother from their facilities, they have asked him to cancel the direct debit arrangement. He not going to as it is their decision to ban him. If they continue to take £37.50 from his account, then his contract remains as he is paying for a service which he is not entitled to. I would like to know where this stands legally.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, if they continue to take the money because he does not cancel his direct debit then it does not mean he is entitled to their services because they have specifically told him that this is no longer the case and that he is banned. So he is deliberately going to continue allowing them to take the money knowing that he cannot access their services. He cannot force them to be allowed to use the gym, even if he pays for it. However, if he pays for it and does not receive the service then he should get a refund back on his fees. It does not mean it wold be easy to facilitate though and he would be relying on their efficiency to ensure that is done. If they refuse to refund him then he would only be able to take this further to the small claims court to try and pursue them for the money owed. To avoid all of this he should simply just cancel the direct debit now rather than intentionally leaving it and continuing to pay them, then potentially finding it difficult to recover that money. Regardless of whether he feels he is in the right or wrong, it would be easier to just cancel the direct debit and ensure no more money is sent, rather than make things difficult for himself. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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