Cancellation of Virgin active gym membership

DaringDon · 10 October 2009 at 5:00PM

crinkle101 wrote: »

i had the same problem as everyone,
tried to cancel and was told that i am tied in for another 11 months
but there is a way to get out of it
i had my contract sent to me, and i read the small print and told them i unfortunately have to cancel my membership
because i am moving to an area without a virginactive gym, Bow east london does'nt have one so thats the place, i filled out a form and didnt require any proof, i think it would be hard to prove, especially if its a room you say your renting,
small print works both ways
it worked for me
good luck

up the gunners!

where does it say this mate?

DaringDon · 11 October 2009 at 10:33PM

bump!.........

olly300 · 11 October 2009 at 11:09PM

I'm surprised none of you have tried to get any of the newspapers with consumer campaigns or the tv media involved. Especially if you all decided to contact the same person............. After all Virgin Active would really love the publicity.;)

ScaryLady · 13 October 2009 at 7:23PM

Hi, I'd just like to say a big thanks to Runon for the advice in their earlier post about how to try and tackle VA about their unfair contract terms. I have been having a lot of problems getting out of my diamond membership, but after throwing various bits of 'legislature' from the Office of Fair Trading at them VA have finally backed down. I have just received an email from the manager of my ex-gym (Leeds Life) who has confirmed that I have been released from my contract and any 'outstanding payments' have been cancelled. Take my advice, quote the Office of Fair Trading and make yourself an annoyance to them - it works! Good luck!

Hips · 16 October 2009 at 5:26PM

Clause 8.2 States

Grounds for early terminination by you:

2. We increase your membership dues;

According to their own press release
virginactive.co.uk/VA/Content/PressRoom/ValueAddedFacts.aspx

They did not decrease the Diamond membership to take into account the VAT change to 15%.

Excluding VAT, Diamond membership outside London was £34.85 the VAT element was £6.10 (this figure is correct for all memberships taken out before 1/12/08)

When the VAT change took effect on 1/12/08 the cost of membership excluding VAT increased to £35.61 the VAT element changed to £5.34

Not passing on the VAT reduction constitutes an increase in membership fee by Virgin Active and therefore allows anyone who joined before 1/12/08 and who has not had the VAT reduction applied to their monthly direct debit the absolute right to terminate the contract early under clause 8.2.

PGH7447 · 20 October 2009 at 12:32PM

OK my story,

on 28 August 2008 took out the 12 month diamond membership, and paid by debit card £94.95 this was £40 for joinging and £54.95 monthly membership, now obvioulsy this would have been for september, I mean who would pay £54.95 for 2 days membership

roll on a year and in August 2009 sent a cancellation letter to the local gym before their ridiculas 17 day deadline,

They did not respond or cancel my DD so in september after they tokk another payment I cancelled it myself, low and behold they send me a nice letter saying october payment is missing please pay etc etc.

Phoned up their call centre, only to be told that I had actuall started my membership in August (2 days) and had paid a pro-rata payment.

Checked my bank statements and paperwork from this gym and I can find no mention of a pro-rata payment.

So either they are trying a scam or they actually belive I paid by Debit card £94.95 and then paid a pro-rata payment by some other means.

Well Virgin and Richard Branson if you read these, I will see you in court before I pay another penny to a company that seems to think they can do as they please. and if you set ARC DCA on me, I feel a case of compensation for harrassment on the horison.

PGH7447 - CAG Member

Milliewilly · 20 October 2009 at 4:44PM

I too was caught out with the mis selling of Diamond Membership. I moved house 3 years after joining (no Virgin Gym where I moved to) and thought that I could cancel as I had complied with the minimum 12 month term as the contract was sold to me.

I cancelled at the Gym and explained to the receptionist that I had been very happy but as I was moving I could no longer use the gym. Fine she said I was just in time to cancel as it was before the 17th.

I went on my merry way and a few days later a letter arrived saying that I couldnt cancel as I had 'X' days left on my contract. I took the 'X' to mean nil and ignored the letter and cancelled the DD after what the receptionist had told me.

Cue snotty letters about cancelled DD and threats of court action. I wrote to my Gym stating that 12 months notice was unacceptable and that the office of fair trading considered any more than 3 months notice on Gym membership to be an 'unfair contract term' - they looked into this because of a flood of similar complaints to David Lloyd wanting 12 months notice.

I also pointed out that they had had 3 years of membership and it was only due to relocation that I was cancelling.

The wrote back asking for a Solicitors letter proving I was moving then they would 1/2 the fee to cancel.

I wrote back saying they didn't ask for proof that I lived nearby to join so why request proof of new address to leave. This went unanswered.

They also said they had cancelled my membership i.e I would not be able to get into the gym with my swipe even if I wanted but would still have to pay the remaining 10 months membership. I pointed out that they could not take me to court for a service I had not (and now could not) receive.

I then got a letter saying they were taking no further action.

I was very disappointed with Virgin's attitude as if they had a gym where I was moving to I would have simply transferred.

El_Guardo · 20 November 2009 at 4:29PM

I've just registered to pass on my thanks to Hips and Runon, amongst others, who's help has been greatly appreciated in winning my own private battle with Virgin Active.

My girlfriend was in a similar position to many others on this thread. After attempting to cancel her DIamond membership following the completion of the year she was then told by VA that it had been rolled over to another year and a further 12 months fees were due.

After writing several letters insisting that the contract had been cancelled, that no further monies were due and quoting various pieces of OFT documentation and guidance VA have finally relented and cancelled the contract, whilst admitting no liability or fault.

The final letter I wrote quoted Hip's information on the reduction in VAT and I stongly suspect it was this information that has finally made them give in - either that or they just got bored having to reply to all my letters!

I'd be happy to pass on the correspondence we sent if anyone else is in a similar position, but my advice would be to quote the info in Hips' post above as this appears to be the best get-out clause.

On the upside, my sister and her boyfriend have recently bought a house and are moving outside the M25. After telling them about all the trouble we'd had with VA, they were able to cancel their Diamond membership contracts just two days prior to the infamous '17th day of the month', so we have at least saved them some serious stress as well....

Thanks again guys.

tomosul · 24 November 2009 at 4:44PM

I can't believe I didn't think to check here earlier - I'm in the same boat, at the moment I've been putting off dealing with it because of how poor their customer service has been. I was given the monthly terms and conditions, even though I had 'diamond' membership on the application form. I didn't even know there was a difference until they told me I couldn't cancel my membership!

I tried emailing the bit about the VAT decrease not being passed on, but I got a reply saying that they didn't pass on the savings because they were planning to increase the membership fee that year to invest in the club (?!)

What should I do now?

Croasy · 9 December 2009 at 2:53PM

What address are u best using for the letter regarding "Hips" advice .... the central office or the local gym ????

Cancellation of Virgin active gym membership

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