Virgin Active + ARC + Trevor Munn Solicitors

[Misty18]

Hi

 

I have been reading alot of the same problems im having with gym memberships.

 

I have just received a letter from Trevor Munn Solicitors saying they are taking me to court which im happy with coz im not paying them, but just wondered has ayone been taken to court by these people and what was the results?

 

Many thanks for any info!!

[Guest Old_andrew2018]

bumping your thread

[pa_broon74]

Hi.

 

I've had dealings with Trevor Munn threatening court action. If you read the letter they sent carefully, it won't actually say they're taking you to court, it'll say something along the lines of they 'are preparing papers for submission to Northhampton County Court.'

 

I had a problem with David lloyd leisure, ARC (A real shower of ****s) and dodgy Trevor Munn.

 

I'll bet a pound to a bucket of slurry they won't take you to court, you don't say how much it's for, but generally, they bank on the threats, if they don't work then they either go away or sell it to a more local debt management firm.

 

A tip for you. In that letter, it says they'll take you to (I think) North or Southampton County Court. I live up in Scotland, so in line with Prorugation of jurisdiction, they need to take me to court where I live. That makes it much more expensive for them to continue.

 

Also, and I realise this may not work for you if you live in England. On the contract it says all disputes will be dealt with under English law. If you don't live in England that infringes your statutory rights. Perhaps you do though so not so useful.

 

Assuming you don't live in the county where they're threatening to sue you, let them get on with it (it'll be an empty threat.) However if they do, you can write to the court and have it thrown out as being incompetent under P of J. (paragraph 3(4) of schedule 8 to the Civil Jurisdiction & Judgments Act 1982. Paragraph 3.)

 

They were on sticky ground with me anyway as I'd offered to settle in full in writing but they still denied me access to the club and refused to accept payment, they basically nullified their own contract.

 

That P of J law is handy as it may make it financially unviable for a company to chase you for money.

 

If you want any help you can get in touch, I still have my file at home.

 

Cheers

[Misty18]

Thanks for the reply

 

My partner owes about £200.00 so they say.

 

I have received a letter from ARC saying i havent given them a good enough defence and will pass it onto Trevor Munn.

 

I have replyed saying basically that they obviously havent seen the paperwork i sent to Virgin in the beginning.

 

I originally sent Virgin a cheque in full and final settlement of my account and they banked it. They then wrote to me saying that he was in arrers and dont accept it and want the rest of the money. But really they should of sent the cheque back to me saying they dont accept it and then carried on and then take me to court.

 

Trevor Munn have also just written to me saying that they are preparing the paperwork, and explaining the cost i will be charged for going to court but have only just sent both letters yesterday so i will see what happens now!

 

I am getting help from my manger at work - but just worried if my partner goes to court and is in the wrong what would happen as he is unemployed as well so cant pay them anyway!

 

Thanks for any more help or advise given.

 

[pa_broon74]

Hi.

 

ARC deliberately don't communicate with the gym, I tried explaining to them I'd offered in writing to make payment in full but the gym had declined, ARC still came after the money.

 

This is what will happen:

 

Trevor Munn will send that letter saying paper work is being prepared for court etc etc etc. (The is an empty threat. Also, they'll want to take you to court in North/Southampton, if you don't like there they can't. Prorugation of Jurisdiction dictates that they must lodge papers in a court local to you. Not that they will anyway.)

 

If you don't agree to pay what they're asking (which you absolutely shouldn't) You will then get a letter from a company called ScotCall threatening a visit from a door step collection representative. If this person exists at all, he/she has no legal powers. Only after it has gone to court is there any real legal power involved. (And remember, they're threatening action in a court that has no jurisdiction over you...)

 

On your partner not being able to pay. Even if it did go to court (and it absolutely won't for 200 quid) payment is based on ability to pay. The court will ask for income and outgoings then make a calculation on that.

 

But listen. Don't worry about it. Just keep all your paper work in any case. Don't have any communication that isn't in writing and don't talk to anyone on the doorstep, they have no power and are only there to intimidate you, if anyone turns up at all.

 

Now I make a sport of goading these people. Once you realise they have no power, you realise there isn't anything these cretins can do other than moan on the phone.

 

For me, the last I heard was from ScotCall threatening a doorstep collection. When I opened the letter, I laughed and stuck it my folder just in case.

[42man]

Lee, do you realise there are some reference numbers on that, that could identify you ? I have unapproved your post for the moment....

[lee88f]

Hi 42man, the reference number does not identify me, because you need my full name and address, so please do not worry about my identity. thanks for the concern

[Guest Old_andrew2018]

hi lee88f,

I saw the letter in the link and would argue that the ref no would identify you to Trevor Munn

[lee88f]

That I do not mind about. I am not intimidated in the slightest about them. Like ive told them if they really think I owe money, I have told them to issue a claim form to the court and we can let a District Judge Decide if I owe Virgin any money and like I told them if I defend the claim and Win, I will plaster it all over the internet that I won! Because basically I believe I do not owe Virgin a Penny.

[cairo]

Hi guys, thanks for all the reassurance.

I too have been dealing with Virgin Active and have just now been passed on to Trevor Munn.

Are there any more follow ups on what happened to the alleged debt?

Edited March 7, 2011 by slick132
Defamatory remark removed - please see Site Rules about posting, thanks.

[slick132]

Hi Cairo and welcome to CAG

 

I have amended your post slightly to avoid defamatory language, which our site cannot carry. Please see our Site Rules about posting.

 

Also, please feel free to start your own thread here in the Gyms forum so you can discuss your case and seek advice if you want any.

 

You'll learn plenty by reading other threads here.

 

8-)