Hi all, Wondered if anyone could help,

Around half a year - year ago I signed up to virgin active on a 1 year contract. Long story short, Life caught up with me and I couldn't get there at all, I think I made the monumental mistake of cancelling the DD directly with my bank and not telling the gym.

I understand this may have been the wrong way to handle the situation but I had a lot going on at the time (personal issues with my health).

Arc Europe are now contacting me and are threatening court action etc and I am unsure the right course of action to take now... I am not financially fit to be paying back the money they're asking for (£280).

Any help/ advice at all would be appreciated.

Kind Regards

Lo

Well you certainly should have let the gym know – just as a matter of courtesy. However, it wouldn't have made a lot of difference as far as the money is concerned because they would still have refused to accept your cancellation and they would still be hassling you for the money.

I suggest that you write to them immediately and simply to say that as they probably realise now that you cancel your membership from XXX date. You might want to give them a months money in lieu of notice. Other than that, hang on and see what happens

Arc are a powerless DCA

They can't take you to court ignore them

They are a DCA and a DCA Ade not BAILIFFS

If anything you might owe ONE month DD as their contract might say 30 days notice

Use the slick132 letter to virgin and offer that by letter only!!

Oh right Ok, thanks for the prompt replies, Greatly appreciated

where can I find this slick 132 letter?

So do not communicate via email at all, Saw a previous post where a ladies virgin active case similar to mine was resolved quite easily via email.

Regards

Hi Lolo,

Write to them by letter only if you can, not email. And always stay off the phone !

Your case is different to most we have here because you were wrong to cancel with no notice and no good reason. However, as soon as the gym or ARC started to demand admin fees on top, that changed the scenario.

If you want, I'll draft you a suitable letter later when I have more time.

That would be greatly appreciated as I am completely inexperienced in this department and I know I have messed up...

Thank you all once again for the info and advice, It is really appreciated.

Kind Regards

Fyi they are not demanded any admin fee's the letter states merely what I owed for the months that have passed apparently.

I was wrong as well the amount is £318 and they mention total liability till end of contract at around £1230.

Regards

Hi Lolol,

I need acurate info to draft the right letter for you so please give answers to the following Q's. If you're not exactly sure from papers or bank statements, give your best guess :-

1. Date you joined the gym.

2. Date the DD was normally taken each month.

3. Monthly gym fee.

4. Date you cancelled the DD mandate.

5. Date a DD was last paid to the gym.

6. Was there any significant change in your income that caused you to cancel the DD.

Please also tell us the main points in the letter to you from ARC.

Hey there,

Really do apologise for the late reply as I have been tied down with work etc and was collecting the info to the best of my knowledge.

1)26th November

2)1st December

3)£134 a month

4)28th December or roundabout through the mobile banking app

5)1st December

6)No change in income, Only health issues preventing me from going to the gym.

Thanks again for your time and help, Much appreciated

Regards

Lolo

Hi Lolo,

Please confirm, do those dates in Nov and Dec relate to 2015 or 2016 ?

Hello,

They all relate to 2016.

Kind Regards

Hi Lolo,

In your first post, you said 6 months to a year ago, so I was hoping it was Nov and Dec 2015 - that would have been far easier to deal with. However that's NOT the case.

However, moving on, you say the fees are £134 per month and they're demanding £318 ??

I reckon that may be 2 x 134 = 268

Plus an admin (or penalty) fee of 50

Giving total being demanded of £318

If they're demanding an admin fee because of your transgression, we'd argue they're in breach of their duty to act fairly, giving you a good reason to terminate your agreement with them immediately.

Please check on any paperwork they've sent you to se if they've added £50 in admin fees.

Heya,

Apologies about that.

After reading over the letter it mentions that the amount due only represents what is currently owed (£318) and they mention how on the 1st of every month this amount will increase by whatever my monthly subscription with the gym was (£134) until the end of the contract.

At the top of the letter it states "Total Liability till End of Contract: £1256.

They also say that if the balance is not paid this case may be passed to solicitors and proceed to court hearings etc.

Thanks again

Lolo

Regards

I suggest you email or write to the gym asking how the £318 they are seeking is made up.

Don't worry about the "may be passed to sol'rs and proceed to court hearings" !! This is threatened all the time but doesn't happen in 99.9% of cases we deal with here.

So I need to write/email my gym now asking how they came to the balance of £318 that I owe?

Maybe you have an email I could send this letter to so you can see what you think of it?

Here is a link of the letter itself.

http://imgur.com/a/nCCjg

Let me know what you think, Still contact my gym?

Kind Regards

OK, send the letter to ARC :-

I refer to your letter of 23/2/17.

To enable me to consider my position, please let me know how the balance of £318 is made up.

That'll do !

that'll give arc a false moment of grandeur....

Ok, I'll email them today and get back to you with what they say.

I'm pretty sure you're right they have added January + February charges for the membership then sent the letter and added another £50 for fee's.

Kind Regards

No reply still from last Wednesday when I sent it...

Will keep you all updated

Thanks again

Hi all,

So they replied and I'll link the email they sent back to me. They somehow ignored my question entirely regarding how the amount they was asking for before (£318) was made up, But now the email states the balance I owe is only £114 haha.

Let me know what you think, Any way at this point I can get out of the whole amount as even a hit of £114 is substantial to myself...

Email - http://imgur.com/a/aFHF2

Kind Regards

Hi Lolo,

Please confirm the monthly amount taken by the gym by DD for the m/ship.

I have no idea why they're now seeking £114.

Hey there,

It was £134 a month, I'm pretty baffled as well.

Kind Regards

Then write back to them again asking how the £318 was made up, and why they're now demanding the lower amount.

Will do that right now

Thank you once again

Kind Regards

Hi all,

Here's there second reply. Once again they ignored the question regarding the first £318 amount they was requesting but did clarify how the £114 is made up to some point at least. I will link the letter below.

http://imgur.com/a/46PJ0

What should my next steps be as they clearly admit to adding extra money on for administrative fee's.

Kind Regards