FOI Request - Fit Life Scheme and Problems

Request 101003683013

1.  Since 2014 have any members of the public reported to the Council that they had cancelled their Direct Debit membership payments but that their Fit Life membership cards had continued to function? If so when did that happen and what action did Council staff take e.g. did they just cancel that individual member's Fit Life Cards without looking for other occurrences of the same problem?

2.  Since 2014 have any members of the public reported to the Council that their Fit Life membership cards were working but that their monthly Direct Debit payments were not being taken? If so when did this happen and what action did Council staff take e.g. did they just implement that individual member's Direct Debit payments without looking for similar occurrences of the same problem?

3.  Can you please provide the information needed to complete this table, will send table in separate email

4.  Did this problem only commence five years ago, if so what happened then to cause it?

5.  If the problem commenced more than five years ago why has that period not been invoiced?

6.  When invoicing did the Council invoice for the full amount that would have been received if the original payments had been collected by monthly Direct Debit as intended or did it negotiate a settlement with the affected individuals? If it negotiated a settlement how many individuals did it do this with?

7.  How many individuals have, thus far, paid their invoices in full.

8.  How many individuals have agreed deferred or instalment payments of their invoices?

9.  How many people are disputing their invoices?

10.  How many people have yet to respond to their invoices?

11.  Will unpaid invoices be referred to a Debt Collection Agency and, if so, which Agency?

12.  How does the Council pay for the services of the Debt Collection Agency e.g. does it sell the debts to it, does it pay them a contract, does it give the Agency a percentage of any monies recovered etc?

13.  How did the Council manage to lose 41 Direct Debit forms?

Response 03-01-2025

1. Not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.

2. We have no records to confirm that this type of situation occurred. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.

3. Please see information here.

4. From the memberships identified, the vast majority of these relate to non-payments within the last 5 years with the bulk of these being connected to the Covid lockdown and restriction periods of 2020/2021, where business as usual was severely impacted and therefore normal operating processes were affected.

5. Not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.

6. Invoicing for the non-payments were based either on the full membership cost for the period or on the calculated usage from admission records based on individual pay as you go costs. The lesser of the two costs were applied to each member. There has been no negotiated settlements with individuals that differ greatly from the calculated amount. Leeway has been applied to some but only for small amounts of money.

7. Nine members have paid their invoice in full.

8. Twelve members have set up a payment plan.

9. Nineteen members still have outstanding invoices

10. Nineteen members still have outstanding invoices

11. Yes - debt collection agency as contracted to the Council is Scott and Co.

12. Moray Council pay Scott & Co a % commission of monies recovered in accordance with our contract.

13. The majority of members had completed a direct debt mandate but the contract to link the direct debit for payment was not activated.  

We can now advise that the membership data system and financial system are now embedded in the same system to ensure this issue does not arise in the future.

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