Virgin Active - ARC Advice Please

[laura_bj]

Hi,

Looking for some advice on how to deal with these fraudsters.

I signed up for to Virgin Active health club in january of this year.

As I knew I was going to be moving from the area I joined on a month-by-month contract as opposed to signing up for 12 months. In April, I sent them a letter stating I wished to cancel my contract and giving one months notice. I then called the club to check that they had received my letter and was told that they would check and call me back if they had not received anything.

Having not received a call back I cancelled my direct debit a month later. The following month I was sent a letter by Virgin Active stating that I owed them money. Assuming that this was an administration error I did not respond to this.

It would appear however now that they have passed this to ARC Credit Management who are demanding 3 months payment and £30 in fees, amounting to £180.

They inform me that they will pass this onto solicitors if I fail to pay within 10 days.

I contacted VA last week who informed me that they had not received my letter and that it was my responsibility to check that the cancellation had been received.

As far as I am concerned I have acted as I should in this matter and do not feel that I am liable for this debt.

Does anyone have any advice for me on this matter?

Laura

[IdaInFife]

Did you send recorded?

 

Ida x

[laura_bj]

No, my cancellation letter wasn't sent recorded - my mistake I guess.

[IdaInFife]

either you could send a letter to the gym detailing what has happened and that you want the gym to clear the balance (sending the dca account in dispute letter)

 

or you could send the gym a sar to see if they have any notes or reference at all about cancellation (this would cost £10)

 

 

ida x

[laura_bj]

I have already send a letter to the gym, cc'd to the DCA - recorded delivery this time! Stating that I am disputing this claim, explaining the circumstances and that I intend to challenge this claim as far as they wish to take it.

We shall see what occurs!

[concernedarc]

Hi Laura BJ,

 

I am in a simular situation, what was the outcome for you in the end?

[laura_bj]

Hi Concernedarc,

I only sent the letter at the beginning of this week and am yet to receive a response. I will post their reply as soon as it is received

Laura

[laura_bj]

I have now received a response from VA stating that it was my responsibility to ensure that they received and processed my cancellation and thus the £180 outstanding still stands. They very kindly stated that if I was to pay them directly the DCA £30 fee would be waived.

I am so angry, it seems so unfair that although I did everything I thought was neccessary they are insisting on enforcing this debt.

 

Does anyone have any advise for me on this one? Should I just give in and pay them or should I fight on and see where it gets me. Surely this is not a credit agreement, so would any court action that may come out of this appear on my credit record? (Something that I am currently trying to rebuild!)

Please help!

Laura

[concernedarc]

Hi Laura Bj, In A Similar Situation, this is just so unfair?! Where can we turn to?

[laura_bj]

I don't know!! I am yet to respond to their letter. I was thinking about contacting Watchdog or another consumer programme as I want to expose this company for the criminals they are! Still not sure what to do though. Very frustrating indeed

[laura_bj]

I have today received a letter from Trevor Munn Solicitors acting on behalf of ARC stating that they are preparing documentation for the issue of a claim in Northampton County Court. It is only two weeks since I queried this debt with Virgin Active - I have never known a DCA to act so fast to take a debt to court. I cannot believe it, these guys are criminals.

Any advice would be greatfully received, should I let this go to court and defend or just pay the amount owed and be done with it?

I have already disputed this debt so not sure that they should have passed it to a Solicitors immediately.

Please help!!