Advice Please!!

marianiamh

Hi there

i dont kow if anyone would be able to help?

My partner joined virgin gym in Feb 2006 as he was working away for 5 months and wanted to do something to pass the time in the evenings. He joined the Milton keynes branch but was working in crawley.

He began using the crawley branch (as we were told when he signed up he could use any virgin gym) he was using the crawley branch with no probs at all until one evening he was stopped going in and told he could not use this branch as thier membership was £2 more expensive each month that Milton keynes.

I rang virgin the next day to cancel and ended up with really bad customer service from them.

My partner then went into his bank (barclays) to cancel the DD, (this was approx May or June 2006 i cant remember correctly).

The following month we received a letter from the gym stating that they had trouble getting the DD to which i rang them and told them we had cancelled and I also wrote to them.

Well last week my partner received a yearly bank statement from barclays only to realise virgin have been taking £53 out of his account for the past 18 months!!! (i say he has too much money and have put my board money up as I would bloomin well notice that coming out every month from my account!:D

And how he did not notice on last years bank statement I do not know! (he's Irish I have to let him off :rotfl: )

Anyway I emailed the managing director, manager of MK and customer services manager.

We received a letter today basically saying that in the T&C's it states we can use another gym and also she highlighted that we have to give written notice. And that they will not be giving a refund but also not to worry as we have paid up until the end of may we can STILL use the gym!:mad:

Im so angry! We have been to the bank to cancel the direct debit again and Barclays reckon that he never cancelled it in the first place - he did I was with him!

Needless to say it is Definately cancelled now.

But today we received a letter from Virgins head office stating that they had trouble getting the direct debit this month and to call to pay! :mad:

We are concerned as this is the same letter we received the last time when we thought we cancelled it?!?!?

I just needed some advice really to see if anyone thinks I should pursue this further and if so do what? or we just whistling in the wind?

Thanks in advance

Maria x

dunstonh

Check with the bank to see if the original direct debit shows as cancelled (some online banking accounts will show cancelled direct debits). If Virgin set the mandate up again after it was cancelled then the direct debit guarantee could be used for unauthorised payments.

However, cancelling a direct debit does not cancel the contract and he would still be liable to pay the money. It has to be cancelled in writing

marianiamh

Hi Duns

Thanks for your reply.

My OH went into barclays and they said that it was originally set up in Feb 2006 (which was just efter he joined) but they just said it was still going so he cancelled it there and then.

Iv told him to go back into the bank tomorrow to see if it has ever been amended in any way.

I personally wrote them cancelling the contract but surprise surprise they say they have never had it?

marianiamh

UPDATE!!!

It dawned on me earlier to get OH to check if he had bank statements from 2006 still filed away.

He did and we just checked them and he did rightly cancel the DD in July 06. No payments went to virgin in AUG SEPT OCT of 2006 but in November 2006 the cheeky gits took £200 out of his acct. It said NEW DD SET UP INITIAL PAYMENT £200.

He just rang Barclays and they hve served an indemnity on Virgin Active and have confirmed that he will be refunded all of the £1074 within 48 hours!!!

So all good in this house tonight!!

Im off to hassle him for a holiday!!

Maria x

dunstonh

Thats good news and its also good to see Barclays react with the DD guarantee scheme so quickly. Sometimes getting the banks to use that is like getting blood out of a stone.

However, dont go spending it yet. You may have a fight on proving cancellation. I expect Virgin to start threatening court action to collect the money and try and scare you into paying.

I suggest you log these dates you have with the direct debit now and the fact that Virgin set the mandate up again without authorisation. If it does go to small claims court then Barclays should be able to confirm cancellation with them and the fact that Virgin set the payment up again without authority and if it is a case of your word vs theirs, then you (or your other half as it is) may find the balance of probability decision goes with him and not Virgin.

marianiamh

Thanks for that I will bear it in mind.

It wont surprise me if they do try and threaten us with court action. We are prepared to take it all the way if need be. And I really cant see them winning even if it came to it as we have proof from Barclays that it was re-submitted to them in Nov 06 as a new DD and £200 would make up for the 4 months not paid (4 months at £50). So it proves they did it on the sly although I still say OH should have noticed wayyyyy before now!!

I also have a copy of the letter dated July 06 from us cancelling the contract but I dont suppose that proves anything as its only a copy and I dont have proof of delivery either.

Clive_Woody

marianiamh wrote: »

UPDATE!!!

It dawned on me earlier to get OH to check if he had bank statements from 2006 still filed away.

He did and we just checked them and he did rightly cancel the DD in July 06. No payments went to virgin in AUG SEPT OCT of 2006 but in November 2006 the cheeky gits took £200 out of his acct. It said NEW DD SET UP INITIAL PAYMENT £200.

He just rang Barclays and they hve served an indemnity on Virgin Active and have confirmed that he will be refunded all of the £1074 within 48 hours!!!

So all good in this house tonight!!

Im off to hassle him for a holiday!!

Maria x

I would pre-empt a response from Virgin Active and write to them telling them how disgusted you are that they presented the DD mandate for a second time without your permission or knowledge and ask for payment of lost interest. I would suggest mentioning that you will be contacting the financial ombudsman regarding this breach of the DD guarantee and this unacceptable behaviour.

It is amazing how much post never arrives at these companies if it isn't sent recorded delivery.

Conorrr

get some friends together and go stand out side with a big sign!! someone will soon come out and sort things out

tbs624

marianiamh wrote: »

......My partner joined virgin gym in Feb 2006 as he was working away for 5 months and wanted to do something to pass the time in the evenings. He joined the Milton keynes branch but was working in crawley.

He began using the crawley branch ......one evening he was stopped going in and told he could not use this branch as thier membership was £2 more expensive each month that Milton keynes.

....I rang virgin the next day to cancel and ended up with really bad customer service from them.

My partner then went into his bank (barclays) to cancel the DD, (this was approx May or June 2006 i cant remember correctly).

The following month we received a letter from the gym stating that they had trouble getting the DD to which i rang them and told them we had cancelled and I also wrote to them.

.....Well last week my partner received a yearly bank statement from barclays only to realise virgin have been taking £53 out of his account for the past 18 months!!!

.......Anyway I emailed the managing director, manager of MK and customer services manager.

It was your partner's gym membership, taken out by him and his name? Then it's likely that Virgin will say, rightly, that you could not cancel it on his behalf: the cancellation had to come from him as the contract was between him and them.

Generally, it's best to cancel anything that is paid for by direct debit with a letter to both your bank and the organisation concerned
(mentioning that you have also written to the other party) keeping a copy for your records and sending both letters by recorded delivery.

You've done well to get a rebate but as Dunstonh says you may a further battle to deal with.

marianiamh

We did cancel by letter (In his name) and signed by him. And we also found out the it was cancelled by the bank in Aug 2006.

Virgin have been on the phone and have actually been really nice. We have all the evidence that states they set up a new DD in Nov 06 without OH's permission.

Hopefully its the end of it now but we are prepared to go to court if need be.

Obviously Virgin are saying they never received the letter and are also saying they have written to him on numerous occasions - We have never received anyhting from them in the past 2 years or we would have sorted this out way before now....

I will keep you updated!

Thanks for all replies

Maria x