Re: LA Fitness Membership

"Electric Fan Club" wrote

> in message news:413d7b18$1 snipped-for-privacy@baen1673807.greenlnk.net... > >> Whilst you may be correct in part, the fact remains the the card >> issuer is not liable for continued debits following the >> cancellation of a continuous debit authority (and it may well be >> reinforced in the T&Cs). The card issuer is only liable for >> fraudulent transactions for which no authority has *ever* been >> given. > > I would have thought that the card issuer would simply do a > chargeback for a charge applied by a merchant where they no longer > hold an active continuing authority, so they would not then be > liable and their customer would not suffer. > > If they do not do a chargeback you will get the situation like a > few years back where I understand people were being charged by the > ISP Compuserve *months* after they had cancelled their agreement, > and people were actually having to cancel their cards as the only > way to avoid being charged each month. This must have been bad > news for the card company if they were loosing customers due to > this.

I cannot see a court or the FOS permitting a card issuer, which has been told that it has no authority to make a particular debit, to collect on that debit.

It will not matter if the T&C permit it - which, interestingly, no-one has actually demonstrated (and, the last time I looked, mine did not) - as such a term would be unenforceable in law, and/or would offend the FOS view of what is fair and reasonable.

The contrary view is pronounced on a regular basis on these groups without any effort to research the actual position in law. I accept that it is very difficult to get some card issuers to act legally, and that, in practice, some may take the view that the reality is that a card issuer can do what it likes. However, the fact that most crimes go unpunished does not make them legal.

(uk.finance added)

Reply to
Rhoy the Bhoy
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Mike wrote: [snip]

A simple "claim" to that effect would not be enough, and even if all staff colluded in the lie, neither the police nor the regulator could be trusted to let it drop.

(uk.finance added)

Reply to
Rhoy the Bhoy

"Rhoy the Bhoy" wrote

Even if the claim were true, surely it shouldn't matter?

If a "junior member of staff" *did* make a mistake, then the company should be required to put that mistake right - not simply shrug their shoulders and say "sorry mate, a junior member of staff made a mistake and we're not going to put it right" ... !!

Reply to
Tim

I didn't mean to suggest that they wouldn't have to repay money wrongly taken - just that it would be impossible to prove a criminal offence to the required standard.

Reply to
Mike

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