Hi,

Am looking for some advice here as am beginning to get a little frustrated with a situation that has developed.

Earlier this year I cancelled my membership to Virgin Active gym. I was on a month by month contract and the only stipulation was that I had to give a months notice if I wanted to leave. I wrote a letter to Virgin Active giving a months notice, paid by direct debit as normal and then the following month cancelled the direct debit.

Virgin Active are stating that they never received this letter and I am now being chased for 3 months worth of gym membership - £150.

This case was passed by VA to ARC who have been hounding me for months. I have written to them stating that I do not acknowledge this debt and asking for a copy of the agreement I signed with VA. To this day nothing has been forthcoming.

This "debt" has now been passed to Scotcall who are threatening to come to my house to collect this money.

As this was gym membership and no "credit" was involved do the CCA laws apply?

Basically it is my word against Virgin Active. I maintain that I have acted within the guidelines of the agreement I signed with them, they state that I have not.

Does anyone have any advise on how I should deal with Scotcall?

If this ends up in court, could this affect my credit rating even though there was no actual credit involved?

Please help!!!!!

First of all, no one can come to your home without your permission and you can write to Scotcall's complaints department and tell them if someone does call they will be trespassing and you will send for the police to remove them. You can also tell them that they are breaking the Data Protection Act 1998 as you have received no Notice of Assignment from Virgin Active to inform you that they have assigned an account in serious dispute to Scotcall and Scotcall do not have your permission to process your data. In pursuing you for payment of a disputed account, they are also breaking the Administration of Justice Act Section 40 and OFT guidelines.

You say there was no credit involved in cash terms but there would be an agreement that your membership was renewable monthly and subject to one month's notice of cancellation and you would have signed this when you joined. The only way to check if they have entered anything on your files is to check them. I would send an S.A.R - (Subject Access Request) to Virgin Active and see all the transactions on your account. Did you keep a copy of the letter of cancellation that you sent them? I doubt if they will take you to court but in this case it would come down to your word against theirs unless you have a copy of the letter you sent them and proof that you sent it. Make a note for the future to send any kind of termination concerning money by recorded delivery so you have proof they received it.