Virgin Active Health Club - Diamond Membership & Arc (Europe) Ltd

[DebraZebra]

I joined Virgin Active on 29/04/2005 and paid a £50.00 joining fee together with a pro-rated fee of £38.66 and completed a monthly direct debit mandate for £39.95. I specifically asked if I could terminate the membership at any time after the 12 month 'commitment period' and was told 'yes'. At no time, was I told that the membership was an automated renewal scheme, effectively bound for life! My DD commenced on 01/06/2005 and I continued to pay this for 34 months but never attended the gym once.

 

In February 2008, I telephoned Virgin asking to cancel my membership and was advised to place the membership on 'freeze' by paying £5.00 per month which I did. Then in April 2008 on the third anniversary of joining, I again telephoned Virgin requesting that the membership be cancelled. I was told that this was not possible and again to freeze for a further six months!

 

Deciding that I had more than fulfilled my contractual obligations (to date an estimated £1516.00) and never having actually attended the gym as their records will show, I wrote cancelling my membership on 30/10/2008. As I received no reply to this letter I cancelled my direct debit. Only then did I receive a letter from Virgin informing me that fees were still due and that legal action would be taken if they were not met. I replied to this letter explaining my circumstances and requesting an end to the matter.

 

My final letter from Virgin on 12/02/2009 informed me that the matter was now being dealt with by Arc (Europe) Ltd a credit management company.

 

Today I have received a letter indicating that I must pay a further £269.70 within ten days or legal proceedings will commence.

 

I feel that I was mis-sold the membership and coerced into signing up to an agreement with unfair terms and conditions which I am unable to terminate without further expense. Furthermore, I have been subjected to intimidating tactics by Arc (Europe) Ltd to gain further payment.

 

I have lodged a complaint with the FOS but feel that they will be unable to help, together with the OFT and BBC's Watchdog.

 

Any advice would be most welcome...

Edited May 8, 2009 by DebraZebra
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[mr.ton]

ARC have no legal powers over you whatsoever & can simply be told to get lost.

[andie_303]

Virgin are sods for not telling people about the automatic back in for another year thing - what they have also not told you is say you take out a contract in Jan 09 and then you freeze in June 09 til Dec 09 you will still have to fulfill another 6 months paying full price in order to be seen as completing the 12 month agreement - that is why they keep telling you to freeze but you can't cancel!!

 

Just tell them to go away - this would not go any further as their T&C's are so dodgy they wouldn't stand up!

[dhughes23a]

I implore you all to write to BBC’s 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

KERRY HOBROUGH at 100 Aldersgate Street, ; London, ; EC1A 4LX. but guess what - as yet she not called me back - shes on 0207 374 0091

If you want to write to Branson himself you can do so at Sir Richard Branson, Virgin Group Ltd, 120 Campden Hill Road, London, W8 7AR