Cancelled membership nuffield health

Shreddybrek

Hi guys after some advice.

Basically I joined Virgin active 4 years ago and last August this gym was taken over by nuffield health. In January I went into the gym having lost my virgin active card and asked for a new card to gain access. Giving them my details the women on reception told me she couldn't find my details anywhere in the system and even had another member of staff check this. I was instructed to fill out a new members enquiry form and someone would get back to me. I did this and didn't return waiting to be contacted. 4 weeks later I was contacted asking if I was still interested in joining. I explained what had happened and was told by the lady on the phone she'd look into it and they would get back to me. They did the next day saying some memberships from Virgin DIDNT go across fully and to go back in with proof of my direct debit and they would sort it. I did so they still couldn't find me I said I want to cancel my contract then which is paid a month in advance was told they can't as they can't find me. So I cancelled the direct debit. I then received a letter in May saying I owed them money. So I contacted the gym about this the lady on the phone still couldn't find me. Until I gave her the number off the letter which she told me was my old virgin number and that i vouldnt have had a Nuffield card as I was still on a Virgin number so therefore hadn't officially came across. Apparantly they also couldn't find me as I was under Jamie Lee and not just Jamie. Which I was confused about as Virgin had always had me as jamie and no mention of my Middle name. I explained the situation and she agreed and said she'd contact her boss. Her boss fobbed me off onto her again with the instruction I needed to pay to cancel. I said this was unfair as Id tried to and they hadn't allowed me to as they couldn't find me. I told her Id tried cancelling in April she said I would have to pay for May as it wasn't 30 days notice to which I responded in my virgin contract it stated I could cancel before the 17th of any month as I was paying a month in advance eg paying beginning of April for use during April...she said it's changed to Nuffield now in which case im still on a virgin number meaning im not officially on a Nuffield contract surely? She explained she can understand why I see this as unfair and actually admitted they were at fault on the times they failed to find me in their system. She could only esculate the issue to her manager again and let her get back to me. Two weeks later taking me up to yesterday I was contacted by her manager to discuss it. Her tone was disgraceful as she basically accused me of being a liar and that I was fabricating the whole story demanding names of staff i spoke to 5 months ago? I told her about filling in the information the first time and the phone call the first time to which she replied that would be sales side she wouldn't know about that. I put it to her that in that case why would I be trying to join a gym I was already supposidly a member of. She said she'd investigate the matter and get back to me. However today I receieved a voicemail off her stating I was made aware of the cancellation procedure and I still owed the money. Im yet to respond but however I wasn't made aware of nuffields cancellation procedure until I brought up the procedure Id actually signed in my contact with virgin...after Id cancelled my direct debit. I don't feel I am under any obligation to pay for a month ive not been allowed to enter the gym as the payment would be for May that has passed pretty much now and also as Id tried cancelling but been told I don't exist on their systems numerous times and the fact im still on a virgin active account number I don't feel I owe Nuffield anything when they've had every chance since January to resolve finding my account. I was after some advice before I contact them back please

CM66

If you want anyone to read this i'd suggest some paragraphs!!

Shreddybrek

Sorry about that.

Hi guys after some advice.

Basically I joined Virgin active 4 years ago and last August this gym was taken over by nuffield health. In January I went into the gym having lost my virgin active card and asked for a new card to gain access. Giving them my details the women on reception told me she couldn't find my details anywhere in the system and even had another member of staff check this. I was instructed to fill out a new members enquiry form and someone would get back to me.

I did this and didn't return waiting to be contacted. 4 weeks later I was contacted asking if I was still interested in joining. I explained what had happened and was told by the lady on the phone she'd look into it and they would get back to me. They did the next day saying some memberships from Virgin DIDNT go across fully and to go back in with proof of my direct debit and they would sort it. I did so they still couldn't find me I said I want to cancel my contract then which is paid a month in advance was told they can't as they can't find me.

So I cancelled the direct debit. I then received a letter in May saying I owed them money. So I contacted the gym about this the lady on the phone still couldn't find me. Until I gave her the number off the letter which she told me was my old virgin number and that i vouldnt have had a Nuffield card as I was still on a Virgin number so therefore hadn't officially came across. Apparantly they also couldn't find me as I was under Jamie Lee and not just Jamie. Which I was confused about as Virgin had always had me as jamie and no mention of my Middle name. I explained the situation and she agreed and said she'd contact her boss. Her boss fobbed me off onto her again with the instruction I needed to pay to cancel. I said this was unfair as Id tried to and they hadn't allowed me to as they couldn't find me.

I told her Id tried cancelling in April she said I would have to pay for May as it wasn't 30 days notice to which I responded in my virgin contract it stated I could cancel before the 17th of any month as I was paying a month in advance eg paying beginning of April for use during April...she said it's changed to Nuffield now in which case im still on a virgin number meaning im not officially on a Nuffield contract surely?

She explained she can understand why I see this as unfair and actually admitted they were at fault on the times they failed to find me in their system. She could only esculate the issue to her manager again and let her get back to me.

Two weeks later taking me up to yesterday I was contacted by her manager to discuss it. Her tone was disgraceful as she basically accused me of being a liar and that I was fabricating the whole story demanding names of staff i spoke to 5 months ago? I told her about filling in the information the first time and the phone call the first time to which she replied that would be sales side she wouldn't know about that. I put it to her that in that case why would I be trying to join a gym I was already supposidly a member of. She said she'd investigate the matter and get back to me.

However today I receieved a voicemail off her stating I was made aware of the cancellation procedure and I still owed the money. Im yet to respond but however I wasn't made aware of nuffields cancellation procedure until I brought up the procedure Id actually signed in my contact with virgin...after Id cancelled my direct debit. I don't feel I am under any obligation to pay for a month ive not been allowed to enter the gym as the payment would be for May that has passed pretty much now and also as Id tried cancelling but been told I don't exist on their systems numerous times and the fact im still on a virgin active account number I don't feel I owe Nuffield anything when they've had every chance since January to resolve finding my account. I was after some advice before I contact them back please

arcon5

You are bound by the terms you agreed to. Send them a letter with a copy of these terms, explain you have fulfilled the original terms and no further terms apply as they have never sought agreement to modify terms and conditions. As such you reject their demand for money and insist they either adjust their records accordingly or get the county courts involved.

unholyangel

Also from OFTs unfair terms guidance:

Schedule 2, paragraph 1, states that terms may be unfair if they
have the object or effect of:
(p) giving the seller or supplier the possibility of transferring his rights
and obligations under the contract, where this may serve to reduce
the guarantees for the consumer, without the latter's agreement

16.2 The last three words of the quotation above point to one solution – for the
consumer to be consulted and assignment to be permitted only if he or she
consents. Where services are being provided, and payment is being made,
on a continuing basis (as, for example, with membership of a club) a more
practicable approach may be for the consumer to have a penalty-free right
of exit if he objects to an assignment. Alternatively, an assignment clause
may be considered fair if it allows the supplier to assign only in
circumstances which ensure that the consumer's rights under the contract
will not be prejudiced.

And

10.1 A right for one party to alter the terms of the contract after it has been
agreed, regardless of the consent of the other party, is under strong
suspicion of unfairness. A contract can be considered balanced only if both
parties are bound by their obligations as agreed.
10.2 If a term could be used to force the consumer to accept increased costs or
penalties, new requirements, or reduced benefits, it is likely to be
considered unfair whether or not it is meant to be used in that way. A
variation clause can upset the legal balance of the contract even though it
was intended solely to facilitate minor adjustments, if its wording means it
could be used to impose more substantial changes. This applies to terms
giving the supplier the right to make corrections to contracts at its
discretion and without liability.