Virgin Active Membership Cancellation - Or Not

pieman_71

Hi

Looking for some advice on the situation I'm now in with Virgin as not sure where to turn.

On March 13th I cancelled my membership by handing in a letter to reception in the club in person. On the same day I had a personal training session and spoke with the trainer about what I'd done and why. A couple of days later I cancelled the DD. This was all done prior to the 17th which is what it says in the contract.

When I handed it in the club said someone from membership would be in touch. At the start of May I started getting messages on my home phone asking me to call membership services. I assumed this was trying to get me to rejoin. Eventually on May 8th I called back and the woman I spoke to couldn't find my details so I though no more of it. (I can prove this call on my bill) I didn't go home for a couple of weeks (I work away which is why I cancelled) but on May 22nd I got home to find 2 letters saying my account was 2 months overdue and to pay up or they'd put the account to the debt collectors. I called and this time they found me (with the help of the ref on the letter) and said they'd get in touch with the club. Again I assumed it was cleared up when I heard no more. . .

. . . until Monday 8th June when I had a call from ARC. I've got back in touch and send a letter recorded delivery. This time they did get back to me but they're adamant the club didn't receive the letter so I'm liable for the now 3 months back dues and £30 admin charge for ARC (which they have offered to waive if I settle now by card). They have now offered a deal where I only pay 1 month - which although tempting to make it go away, £68 when I did everything right seems wrong.

We're just stuck in a my word against theirs as there appears to be no evidence either way. What should I do?

thanks

yummymummy79

Always tricky when letters are hand delivered/posted with no proof as you've got no way of proving you actually sent the letter, no doubt there are some people who say they have written to cancel contracts but actually haven't. My best suggestion would be to just write to them with your side of the story and include as much info as you can about who was there when you handed it in, date and time etc, maybe they may have you on CCTV if you're bothered enough about it to ask them.

Diff to be able to give any better advice than that though as neither party can prove anything either way. Note for the future, post everything involving cancellation either Recorded or at least get a certificate of posting for it.

pieman_71

thanks for the reply.

Yep, asked about the CCTV (no) and with the conversation going on with the personal trainer I thought that may have helped. Have learned the lesson though and the letter I sent them already was sent recorded delivery and the emails are receipted.

Any further advice / opinions? I need to decide in the next 2 days to take the deal or not or they'll add another month on for us to argue about.

thanks

pinkshoes

You handed your notice in on 13th March, and cancelled the DD a few days later?? I thought most gyms made you give 2 months notice?

I'd write again (recorded delivery) stating that a written letter of your notice was given by hand on <insert date> to <name of person>. Also mention the name of the personal trainer you spoke to.

This is very typical of a gym to "lose" the notice letter then claim they never got it. Take a photo of yourself handing it over next time!

gem599

Hi,

Just thought I'd post quickly to say don't pay... this exact same thing happened to my boyfriend and the Birmingham Star City branch and it was eventually ironed out with him paying nothing.

He's trying to set up a money saving account tonight to post his reply!!

Gemma

Dharri5

As Gemma posted above, virtually the same thing happened to me. Unfortunately I did not have the sense to cancel my direct debit....

I cancelled my Gym membership in writing at the club, I signed the form and then thought nothing of it for two months. It was only when I checked my bank statement that I noticed that they had not processed my cancelation it as I had requested.

I intitially wrote a letter of complaint via the Virgin active website and copied in the general manager at the gym I attended. This resulted in numerous telephone calls between myself and the manager. The club were unwilling to refund me my two months membership even though it was obvious on their system I had not used the gym since the day I instructed them of cancellation.

Luckily, I eventually I found my carbon copy of the termination form, which incidently was signed by the previous club manager!! I provided this to Virgin active and eventually got a full refund.

In your case it is very much your word against theirs which is difficult but its clear that admin errors in clubs do happen and conveniently it always seems to happen with cancellation forms! The one advantage you do have however is the fact you didnt use the club, they can easily see this on the system. My advice would be to write to Virgin Active (probably head office) say how dissapointed you are with this whole situation, say how you definitely cancelled and since that date you have never used the club (they can check this). In terms of the debt collectors, Virgin Active have charged you for a service you did not want and have not used so I wouldnt pay them as the debt is not correct and payable.

I work in Credit Management, advise the debt agency that you dont believe the debt to be correct and that your taking this up with Virgin (usually 3rd party disputes like this will put a temporary hold on your account).

I hope you can get this resolved!

Dean


!

pieman_71

Ah, thanks for that but I did the deal last night and paid 1 month.

Shouldn't have needed to but I did have a frank conversation with the guy and basically he said as there was no evidence they'd received it there would have to be a compromise - they'd never agree to waiving it all completely. So I can live with £68 and a lesson learned to make it all go away.

Dharri5

Unlucky but at least its a lesson learned, I know I felt the same way!

mc33033

Dharri5 wrote: »

As Gemma posted above, virtually the same thing happened to me.

Shocking - exellent point about being able to check your usage of the gym to prove you had not used the service. I would strong recommend emailing your local Trading Standards a brief outline of your cases for them to store on file against Virgin - I know your issues are resolved now, but it will help present an accurate picture of what Virgin are actually getting up to and present evidence to help support action against them if they continue to do this.