Trevor Munn (I imagine this isn't a new name here). virgin active gym - Any advice?

[l.coyle]

I have recently returned to the folks house and found a letter from Trevor Munn regarding a Virgin Active account I thought I had dealt with.

 

I joined Virgin Active on the 16/07/10 and went to my induction on the 21/07/10, however, the staff didn't turn up and I was stood around until I had to go to work. I asked to cancel my membership but an employee (Clare) of Virgin Active told me I couldn't and I was locked in for 12 months. I paid up my 12 months and thought that was that.

 

Apparently, Virgin Active continued to debit my account and took 14 months and unilaterally rolled the contract over for a further 12 months.

 

I tried to contact Trevor Munn as they said they were issuing proceedings, they sent me to ARC.

 

ARC said they were sending bailiffs to my parents address regardless of whether I own anything there and demanded £329.50. I advised them that I was unemployed and cannot pay that sum, they said they will send the bailiffs regardless.

 

I offered to set up a direct debit agreement, ARC refused and said they wanted £329.50 immediatly or they are sending the bailiff.

 

I thought this was unreasonable and said surely they have to comply to some sort of code of conduct. I was redirected to Scott Call to resolve this. I honestly don't know where this train is going to end and I am finding the threats very stressful.

 

I googled Scott Call ready to prepare a direct debit agreement and found this site, hopefully I can find salvation here.

 

P.S. Heres the kicker, I was told because I didnt specifically request a gym membership cancelation form within 30 days of joining I was stuck, despite asking an employee of Virgin Active to cancel my account. 2 years of Virgin Active and I have been once!

[millitant]

for a start they cant send baliffs unless it has been to court, i bet they never made that statement in writing, phone calls can be "not me guv,i never said that"

 

i think the law may have change on companies rolling on contracts after they have expired automatacally, i believe you have to opt inn now but unsure on that

 

i would be asking this trevor munn to send you a copy the letter sent by virgin active stating that if they did not hear from you then they would be rolling over the contract

 

send a request for a copy of the agreement as well so we can go through the t&c

 

most things a dca state IS pure bovine excrament so ignore and for the time being, AGREE TO NOTHING

[42man]

I'm not an expert on these but you may find this of interest - http://www.consumeractiongroup.co.uk/forum/showthread.php?323892-broke-arm-missed-gym-payment-debt-collector-wants-%A3500-crazy-charges&highlight=gym

[42man]

This one too - http://www.consumeractiongroup.co.uk/forum/showthread.php?303196-Zemme-Vs-David-Lloyd-ARC-Trevor-Munn-Victory-Case-Closed&highlight=munn

[42man]

Also....it would be interesting to see the letter where they state they will be sending solicitors any chance you may be able to post it up here (minus the personal details and reference numbers etc). Please make sure you make your situation known to the Office Of Fair Trading too...

[slick132]

Hi I.coyle and welcome to CAG

 

I'm moving this to the gym forum where you'll find no end of similar cases. Read these other cases and you will find plenty of advice that can be applied to your own case.

 

Don't pay anything in respect of the m/ship for now. I want some more info so we can see how best to help you. Ignore anything from Trevor Munn, or any DCA for the moment - there is nothing they can do to make you pay if you don't owe what they say.

 

I need some info :-

 

1. Are you, or have you been, paying anything by DD or any other arrangement since July 2011.

 

2. When did you last pay a monthly instalment or other payment, and to whom.

 

3.When did you last use the gym, ignoring the failed induction session.

 

4. If you were paying to use the gym for the first year, why didn't you use it.

 

5. Have you ever written or emailed the gym, ARC or Trevor Munn to confirm you cancelled.

 

Re point 5, it is not true that you can only cancel "in writing".

 

We will help you get them off your back. And make sure your parents are told to ignore anyone that writes, calls or visits about this matter.

 

[l.coyle]

Thanks for the reply, after a little trawling of this site my mind is at ease, thank you people.

 

I don't have a scanner to get the contract up but will try and find a copy online.

 

In response to Slick.

 

1. I was paying my DD upto, and including, September 2011. I had no contact with Virgin Active and was under the impression the 12 month contract was ongoing until I checked in September and cancelled my DD.

 

2. September 2011 to Virgin Active.

 

3. Once, 28 July 2011. Rescheduled induction.

 

4. I had recently started a new job, company gym membership was included.

 

5. I have not cancelled in writing, I have only just received the letter. I have only tried to cancel verbally.

[l.coyle]

Sorry point 3 should read 28/07/10*.

[slick132]

Hi IC,

 

No need to post a copy of the contract.

 

There is no problem in cancelling verbally or simply by actions alone. This was determined in the High Court case of the OFT v Ashbourne Mgt Services Ltd last year.

 

I suppose the only issue in doubt is that, after cancelling on 21st July 2010, you used the gym a week later, thereby effectively agreeing to continued membership.

 

However, by your actions of not attending after that, I would suggest that is clear indication of notice of cancellation. Accordingly, the gym should not have continued seeking payments after July 2011.

 

You were foolish to let the DD payments continue after that time and that's really your own fault. You're not going to get those payments (for August and September 2011) back.

 

However, their demands for any later payments are not reasonable and you should pay them nothing more. Nor should you pay any admin fees that they've added to your a/c.

 

I'll drop by later and suggest a letter to send to the gym and to copy to ARC and Trev.

 

[l.coyle]

Thanks Slick, I feel much better now.

[slick132]

Hi IC,

 

Rule No.1 - don't discuss this with any of them by phone. If ARC or Trevor Munn call you, tell them you will not discuss anything by phone, tell them to put anything they have to say in writing, then hang up.

 

Letter to VA's Head Office :-

 

Dear sir or madam,

 

I refer to demands made for payments by ARC and Trevor Munn.

 

I signed a contract with you in July 2010. When your staff failed to turn up for the arranged induction, I said I wanted to cancel. I was told this was not possible as I'd signed a 12 month contract. I went to a subsequent induction a week later but didn't use the gym after that.

 

I continued to pay the monthly fees although it was obvious from my non-attendance that I didn't want to remain a member. This should have been taken by you as my intention to cancel at the earliest opportunity - ie July 2011. However, you continued to take payments by DD up to and including September 2011 when I cancelled the DD mandate.

 

Please now contact ARC and/or Trevor Munn to tell them I owe nothing more in respect of my gym membership.

 

If I receive any further demands in this matter, I will make a formal complaint to the OFT.

 

Yours faithfully,

 

Send this to VA's HO by Recorded Delivery and let us know how they respond.

 

Ignore any demands from ARC or Trev but let us know if they contact you.