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I have been stitched up by Virgin Active. Anyone know if I can take this futher?

I took out the membership in 2006 when I was a little more flush than today. Anyway, I can really nolonger pay the fees. When I rung up to cancel today, I was told that I have to keep paying until March next year. You are only allowed to cancel you membership at a certain time ( 17 days before the anniversay of taking it out). I think this is called a rolling membership. I have never heard of it until now.

My fault I know. I should of read the small print. I was lead to belive that I couldn't cancel in the first year. This was never pointed out.

Has anyone had the same problem and been able to cancel anyway. I just can't pay it and we are going under.
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Comments

  • Candy0107
    Candy0107 Posts: 1,645 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Name Dropper
    Hi,

    No advice really, but thought I'd bump this up for you
    Debts at the start of my journey - about £23,000 lightbulb moment 01.03.2007 (1st payment to CCCS)..Debt Free Date 25.06.2013 Deposit savings £17,000/£30,000
  • Turtle
    Turtle Posts: 999 Forumite
    Part of the Furniture 500 Posts
    What would happen if you just cancelled the direct debit?
  • piglet6
    piglet6 Posts: 1,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    This happened to us several years ago with Fitness First. Change of financial circumstance made it impossible for us to afford out membership and when we tried to cancel, we were informed that we "couldn't".

    We spoke to the manager at the gym, explained very politely that we realised that it was not "allowed" for us to cancel, but that we couldn't afford to pay the membership and therefore we would be cancelling the direct debit with the bank, and we then followed it up with a letter confirming the conversation and re-stating the situation. We then cancelled the DD with our bank, paid them no more monthly payments and never heard anything further from them.

    I'm not saying that this is the ideal way, but we were open and honest, and followed everything up in writing so that the manager could attach the letter to our membership file if necessary, and it worked for us. We took a punt on them not being that bothered about pursuing us legally through the courts, and it turned out we were correct.

    Maybe worth a try...? :confused:

    Piglet
  • mymatebob
    mymatebob Posts: 2,199 Forumite
    I think you can only write and explain your situation and see if a compromise can be reached.

    As you said in your original post you needed to read the small print so the title of this post is not really fair is it?
    You signed up and agreed to the terms and conditions.

    But that said, ask nicely and see what the response is.
  • Just a quick warning, I cancelled my direct debit with Fitness First a few years ago without cancelling with the gym and ended up being chased by a debt collection agency (I had moved and of course not let them know my address). They called me and I payed the whole amount that they were asking and it didn't go on my credit file, but they may still be able to chase you for it even if you cancel the direct debit.

    Hope you work out some sort of compromise
    Aussie
    Moved back to Australia March 2010
    Mortgage Dec 2010 $379 325 [STRIKE]Apr 2011 $377 009 Aug 2011 $375,279[/STRIKE] Nov 2011 $368 237
    OP 2011 $2601.18
    Car loan from parents 50.5% paid
  • happycat_2
    happycat_2 Posts: 13 Forumite
    Hi, thanks for all you replies.

    At the time we took it out we were told that it was a yearly contract. As a yearly contract in my mind means, you can cancel after a year I do feel stitched up.

    This is a point I will have to make to them. I signed up with Virgin Media for a yearly contract ( which I will be looking into, now). How many other companies do this rolling membership then?

    I really feel this is an important part of a contract that should be pointed out! Anyway, we live and learn.
  • happycat wrote: »
    Hi, thanks for all you replies.

    At the time we took it out we were told that it was a yearly contract. As a yearly contract in my mind means, you can cancel after a year I do feel stitched up.

    This is a point I will have to make to them. I signed up with Virgin Media for a yearly contract ( which I will be looking into, now). How many other companies do this rolling membership then?

    I really feel this is an important part of a contract that should be pointed out! Anyway, we live and learn.

    Like you said, it was, in the small print. It is assumed that when you sign a contract you have read the terms and conditions, therefore it was brought to your attention, its not the companies fault that you failed to read it.

    I have come across 12 month rolling contracts in many circumstances, the main one being my leisure pass from my old LA. They certainly aren't uncommon.
  • LindsayO
    LindsayO Posts: 398 Forumite
    Happycat,
    I think the key is to call and point out your situation and then write restating it.
    I had a friend in the same situation, she kept calling and asking them to let her out of the contract, they wouldn't. In the end she just told them, I can't keep paying, I'm cancelling my direct debt, then she did that and wrote a letter confirming it and the never pursued it

    Hope this works for you
    LindsayO
    Goal: mortgage free asap
    15/10/2007: Mortgage: £110k Term: 17 years
    18/08/2008: Mortgage: £107k Mortgage - Offset savings: £105k
    02/01/2009: Mortgage: £105k Mortgage - Offset savings: £99k

  • Alternatively, tell them your pregnant, so you can't go anymore, heard this works in a lot of circumstances!
  • stevemLS
    stevemLS Posts: 1,067 Forumite
    I had a mate who moved miles away from the Virgin Gym that he was a member of and got caught by the same thing.

    They set a DCA on him and he paid in the end.

    In fairness, it is fairly clear on the forms I signed that it is a rolling contract. Whether you think that's right is another matter....
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