Jump to content


  • Tweets

  • Posts

    • This is a ridiculous situation.  The lender has made so many stupid errors of judgement.  I refuse to bow down and willingly 'pay' for their mistakes.  I really want to put this behind me and move on.  I can't yet. 
    • Peter McCormack says he has secured a 15-year lease on the club's Bedford ground.View the full article
    • ae - i have no funds to appoint lawyers.   My point about most caggers getting lost is simply due to so many layers of legal issues that is bound to confuse.  
    • Lenders have a legal obligation to sell the property for the best price they can get. If they feel the offer is low they won't sell it, because it's likely the borrower will say the same.   Yes.  But every interested buyer was offering within a range - based on local market sales evidence.  Shelter site says a lender is not allowed to wait for the market to improve. Why serve a dilapidations notice? If it's in the terms of the lease to maintain the property to a good standard, then serve an S146 notice instead as it's a clear breach of the lease.   The dilapidations notice was a legal first step.  Freeholders have to give time to leaseholders to remedy.  Lender lawyers advised the property was going to be sold and the new buyer would undertake the work.  Their missive came shortly before contracts were given to buyer.  The buyer lawyer and freehold lawyers were then in contact.  The issue of dilapidations remedy was discussed..  But then lender reneged.  There was a few months where neither I nor freeholders were sure what was going on.  Then suddenly demolition works started.   Before one issues a s146 one has to issue a LBA.  That is eventually what happened. ...legal battle took 3y to resolve. Again, order them to revert it as they didn't have permission to do the works, or else serve an S146 notice for breach of the lease   A s146 was served.  It took 3y but the parties came to a settlement.   (They couldn't revert as they had ripped out irreplaceable historical features). The lease has already been extended once so they have no right to another extension. It seems pretty easy to just get the lawyer to say no and stick by those terms as the law is on your side there.  That's not the case   One can ask for another extension.  In this instance the freeholders eventually agreed with a proviso for the receiver not to serve another. You wouldn't vary a lease through a lease extension.  Correct.  But receiver lawyer was an idiot.   He made so many errors.  No idea why the receiver instructed him?  He used to work for lender lawyers. I belatedly discovered he was sacked for dishonesty and fined a huge sum by the sra  (though kept his licence).  He eventually joined another firm and the receiver bizarrely chose him to handle the extension.  Again he messed up - which is why the matter still hasn't been properly concluded.   In reality, its quite clear the lender/ receiver were just trying to overwhelm me (as trustee and leaseholder) with work (and costs) due to so many legal  issues.  Also they tried to twist things (as lawyers sometimes do).  They tried to create a situation where the freeholders would get a wasted costs order - the intent was to bankrupt the freeholders so they could grab the fh that way.   That didn't happen.  They are still trying though.  They owe the freeholders legal costs (s60) and are refusing to pay.  They are trying to get the freeholders to refer the matter to the tribunal - simply to incur more costs (the freeholders don't want and cant's afford to incur)  Enfranchisement isn't something that can be "voided", it's in the Leasehold Reform Act 1967 that leaseholders have the right to.... The property does not qualify under 67 Act.  Their notice was invalid and voided. B petition was struck out. So this is dealt with then.  That action was dealt with yes.   But they then issued a new claim out of a different random court - which I'm still dealing with alone.  This is where I have issues with my old lawyer. He failed to read important legal docs  (which I kept emailing and asking if he was dealing with) and  also didn't deal with something crucial I pointed out.  This lawyer had the lender in a corner and he did not act. Evidence shows lender and receiver strategy had been ....  Redact and scan said evidence up for others to look at?   I could.  But the evidence is clear cut.  Receiver email to lender and lender lawyer: "our strategy for many months  has been for ceo to get the property".  A lender is not allowed to influence the receivership.   They clearly were.  And the law firm were complicit.  The same firm representing the lender and the ceo in his personal capacity - conflict of interest?   I  also have evidence of the lender trying to pay a buyer to walk.  I was never supposed to know about this.  But I was given copies of messages from the receiver "I need to see you face to face, these things are best not put in writing".  No need to divulge all here.  But in hindsight it's clear the lender/ receiver tried - via 2 meetings - to get rid of this buyer (pay large £s) to clear the path for the ceo.   One thing I need to clarify - if a receiver tells a lender to do - or not to do - something should the lender comply? 
    • Why ask for advice if you think it's too complex for the forum members to understand? You'd be better engaging a lawyer. Make sure he has understood all the implications. Stick with his advice. If it doesn't conform to your preconceived opinion then pause and consider whether maybe he's right.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Virgin Active membership


leeniesmith77
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5217 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I took out a diamond membership at Virgin Active some months ago and enjoying the gym, great facilities etc. I am now struggling with a severe knee problem which I am in physiotherapy for and which has forced me to give up my job for the moment. Explaining that I have no income (which is posing bigger problems than a gym membership, and in extreme discomfort (wear and tear injury, not gym related) they refuse to cancel the membership and are being completely unreasonable given the sudden and unforseen change in my circumstances. They are recommending a freeze but I am so put off by their attitude, i.e. so what we don't care, why on earth would I want to return? Has anyone had any dealings of this kind and any advice? Thanks.

Link to post
Share on other sites

I took out a diamond membership at Virgin Active some months ago and enjoying the gym, great facilities etc. I am now struggling with a severe knee problem which I am in physiotherapy for and which has forced me to give up my job for the moment. Explaining that I have no income (which is posing bigger problems than a gym membership, and in extreme discomfort (wear and tear injury, not gym related) they refuse to cancel the membership and are being completely unreasonable given the sudden and unforseen change in my circumstances. They are recommending a freeze but I am so put off by their attitude, i.e. so what we don't care, why on earth would I want to return? Has anyone had any dealings of this kind and any advice? Thanks.

user_online.gifreputation.gif report.gif

Link to post
Share on other sites

Hi. That's already done to save immediate financial hassle. Don't know if it's worth trying to appeal to any better nature they might have. I have the sick lines and P45 and hospital appointments card but it would appear to make little difference to these people. I lost my job a few years ago and have been through similar difficulties.:(

Link to post
Share on other sites

Hello there.

 

I used to attend a Virgin Active gym. I'm certain they have a clause within the agreement that allows you to cancel the membership on health grounds if you have evidence from a doctor that states you cannot use gym equipment anymore.

 

You may wish to SAR Virgin to get a copy of any paperwork you signed.

 

Also see if their terms and conditions are available on their website?!

 

Also contact your local Trading Standards for advice?

Link to post
Share on other sites

Hi. That's already done to save immediate financial hassle. Don't know if it's worth trying to appeal to any better nature they might have. I have the sick lines and P45 and hospital appointments card but it would appear to make little difference to these people. I lost my job a few years ago and have been through similar difficulties.:(

 

 

Hello,

 

I'm just browsing throughout the site and came across your subject and whilst I don't wish to tread on Coniffs toes, he's been here longer than I. But I feel I should warn you that just cancelling a direct debit comes with it's own little problems, such things as the company in question may let it go for a couple of months, then check it's records and find out that as you agreed to a 12 month contract say, that they have the right to resurrect the direct debit and collect the money anyway. Yes, you read that correctly, I did say the company could 'resurrect' the direct debit you cancelled and take the money regardless.

 

You have to be careful with direct debits, and agreements. That is unless you've not signed an agreement in which case they shouldn't be able to resurrect it, but they may try regardless.

 

I would take the other guys advice, and find out about what your contract says about cancelling and then use that to get out of your contract. This is especially the case as you're dealing with a company that may let you go, then reread that contract agreement and find that they can collect the renaming 12 months for however many family members signed up to the gym. You can see such an occurrence in the following two posts:

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/128064-virgin-active-arc-please.html Obviously, I would follow this thread through, as there's lots of useful information in it.

 

or another here:

Virgin Active Complaints - Gym Membership Cancellation

 

and there's LOTS of glowing warnings here:

Virgin Active Health Clubs Review in Gyms at Review Centre

 

HTH

Link to post
Share on other sites

Hi,

 

I had been a member of Holmes Place Gym since 2002. Virgin took over the club a few years ago.

 

- On May 27th, 2009, I asked the Virgin Staff to cancel my membership effectively from June 2009, but was refused and told that all cancellation should be made by 17th of the month.

 

- However I insisted to cancel my membership but the manager wrote on the cancellation form, the cancellation effectively date from 1st of July 2009 but I wrote beside her writing "June 2009" and I marked the form with initial instead of signed it actually and the gym manager signed the form.

 

Since then every month, I got a letter demanding payment of membership for:

in June for £ 66 (for June memebrship) plus £ 30 admin fee from virigin active

in July for £ 132 (for june and july membership) plus £ 30 admin fee from virigin active

 

Along with the letter saying that despite number of calls from Virgin Active, Virgin Active haven't received my payment. All letters from virigin active was asking me to call them to make payment over the phone but without any address for me to send back my reply via post. So I called virgin active about the letters and told them that I have asked to cancel my membership effectively from 1st of June 2009 but they said they are not aware of any request therefore the transferred the phone to my local virgin active club and the staff said over the phone that she is aware that I asked for cancellation??? I am a bit confused. I told the staff why virgin active said the called me many times when actually they never called me. Then they staff asked for my mobile number and on that day only the gym manager called and left a message on my mobile to call her back, but I didn't do that as I was so annoyed with the way they treated me.

 

In mid August 2009, I got a letter from ARC (acting on behalf of Virgin Active) demanding payment for £ 228 (For June, July and August membership plus £ 30 admin fee), so I called ARC to inform them that I have cancelled my membersip effectively from June 2009. I was asked to send them a letter and copy of cancellation form. So I did send a letter to ARC to inform tham that I cancelled my membership along with copy fo cancellation form.

 

On 21st of September 2009 I received a letter from ARC to inform me that:

 

" Dear Sir,

 

We are writing in response to your recent correspondence.

 

We have checked with our client and they have confirmed that as you have now supplied them with proof of your request to cancel, they have reduced your outstanding balance to £ 66.00 which is the subcription payment due for June. Therefore, the above balance remains outstanding and must be paid.

 

Your payment should be sent directly to this office. Please ensure your payment is made payable to ARC (Europe) Ltd and clearly write your reference number XXXXX on the reverse or this may delay it being allocated to your account. Alternatively you can telephone us to make a payment by debit or credit card.

 

If we do not received your payment within the next 10 days, this account will be passed to our solicitors for further action.

 

Your faithully

 

XXXX

ARC (Europe) Ltd.

 

----------------------------------------------------------------

 

Do I need to pay for this £ 66 they requested? As previously ARC threaten to bring the case to court when they demanded £ 228 payment which is now reduced to £ 66.

 

I am in bad shape financially at this moment due to recession, so money is very tight in fact I am in debt management program for bank loans and credit cards due to my suffering small business. Therefore I prefer not to go to court.

 

many thank in advance for your help and advice.

Link to post
Share on other sites

  • 3 weeks later...

Cancelled my membership with Virgin Inactive and they stated I had already started another 12 month rolling contract, er NO Peeps, I cancelled within the time frame specified, how ever they seem to think I paid a months membership for one day so in effect I cancelled a month too late - idiots

Link to post
Share on other sites

  • 2 months later...

I implore you all to write to BBC’s Send your story to Watchdog and it could feature in an upcoming programme, particularly at the moment in the ‘fitness season’.

Go to http://www.bbc.co.uk/watchdog/gotastory/

Click on Subject “Sport, Leisure and Entertainment”, then sub category “Health clubs and leisure centres”.

This is what I wrote:

Virgin Active gyms partake in a very unfair practice in the membership contracts. One of their membership packages the “Diamond Membership” requires that you sign a 12 month rolling contract. Therefore if you do not cancel the membership by "the seventeenth day of the twelfth month”, then you are automatically entered into another 12 month contact. Virgin Active do not send a reminder at the end of each 12 month period. The cancellation fee is the remainder of your 12 month contact. Therefore I am in a situation where I have been a member of Virgin Active Health Club for nearly 7 years and will need to pay in excess of £700 to cancel my contract. Do watchdog feel this is fair or acceptable? I am not alone on this issue, a quick Google search brings up many forums, e.g.

http://www.complaintsboard.com/complaints/virgin-active-c158480.html

http://forums.moneysavingexpert.com/showthread.html?t=603247

http://forums.moneysavingexpert.com/showthread.html?t=1863703

http://www.consumeractiongroup.co.uk/forum/gyms-health-clubs/221603-virgin-active-membership.html

http://www.consumeractiongroup.co.uk/forum/gyms-health-clubs/63342-virgin-active-la-fitness.html

http://www.consumeractiongroup.co.uk/forum/gyms-health-clubs/198470-virgin-active-health-club.html

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...