Jump to content


  • Tweets

  • Posts

    • Hi. Could you post up what they've sent please so we can see what the charge is? Cover up your name and address and their reference number. HB
    • I've looked through all our old NPE threads, and as far as we know they have never had the bottle to do court. There are no guarantees of course, but when it comes to put or shut up they definitely tend towards shut up. How about something like -   Dear Jonathan and Julie, Re: PCN no.XXXXX cheers for your Letter Before Claim.  I rolled around on the floor in laughter at the idea that you actually expected me to take this tripe seriously and cough up. I'll write to you not some uninterested third party, thanks all the same, because you have are the ones trying to threaten me about this non-existent "debt". Go and look up Jopson v Homeguard Services Ltd, saddos.  Oh, while you're at it, go and look up your Subject Access Request obligations - we all know how you ballsed that up way back in January to March. Dear, dear, dear - you couldn't resist adding your £70 Unicorn Food Tax, you greedy gets.  Judges don't like these made-up charges, do they? You can either drop this foolishness now or get a hell of a hammering in court.  Both are fine with me.  Summer is coming up and I would love a holiday at your expense after claiming an unreasonable costs order under CPR 27.14(2)(g). I look forward to your deafening silence.   That should show them you're not afraid of them and draw their attention to their having legal problems of their own with the SAR.  If they have any sense they'll crawl back under their stone and leave you in peace.  Over the next couple of days invest in a 2nd class stamp (all they are worth) and get a free Certificate of Posting from the post office.
    • Yes that looks fine. It is to the point. I think somewhere in the that the you might want to point out that your parcel had been delivered but clearly had been opened and resealed and the contents had been stolen
    • Hi All, I just got in from work and received a letter dated 24 April 2024. "We've sent you a Single Justice Procedure notice because you have been charged with an offence, on the Transport for London Network." "You need to tell us whether you are guilty or not guilty. This is called making your plea."
    • Okay please go through the disclosure very carefully. I suggest that you use the technique broadly in line with the advice we give on preparing your court bundle. You want to know what is there – but also very importantly you want to know what is not there. For instance, the email that they said they sent you before responding to the SAR – did you see that? Is there any trace of of the phone call that you made to the woman who didn't know anything about SAR's? On what basis was the £50 sent to you? Was it unilateral or did they offer it and you accepted it on some condition? When did they send you this £50 cheque? Have you banked it? Also, I think that we need to start understanding what you have lost here. Have you lost any money – and if so how much? Send the SAR to your bank as advised above
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Virgin Active trying to cancel after moving house, unsuccessful


danielvmn
style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4171 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hello All,

 

I'm having trouble with Virgin Active in Friern Barnet, London.

I signed with my wife in April/2012, she on a 12 month contract and me on the monthly membership.

We were told we could cancel the 12 month contract if we moved somewhere that would not be feasible to frequent the gym, so we were happy to sign for it.

Ended up we had to move in September, our new home is 2 miles from the gym and it takes more than 30 minutes for a bus to get there, so it's not feasible for us to continue, but they denied the contract cancellation and the manager was quite rude, I don't know what else to do, it's completely unfair for them to keep charging us, they claim we don't live far enough to guarantee a contract cancellation, he expects us to walk 2 miles to the gym!! :-x

 

I sent an email to memberfeedback@virginactiv e.co.uk and if it's still unsuccessful, I'm ready to go apply for a small claims court action to solve this.

 

Any advice would be greatly appreciated.

 

Thanks

Edited by slick132
Removed name to retain anonymity
Link to post
Share on other sites

Hello All,

 

I'm having trouble with Virgin Active in Friern Barnet, London.

I signed with my wife in April/2012, she on a 12 month contract and me on the monthly membership.

We were told we could cancel the 12 month contract if we moved somewhere that would not be feasible to frequent the gym, so we were happy to sign for it.

Ended up we had to move in September, our new home is 2 miles from the gym and it takes more than 30 minutes for a bus to get there, so it's not feasible for us to continue, but they denied the contract cancellation and the manager was quite rude, I don't know what else to do, it's completely unfair for them to keep charging us, they claim we don't live far enough to guarantee a contract cancellation, he expects us to walk 2 miles to the gym!! :-x

 

I sent an email to memberfeedback@virginactiv e.co.uk and if it's still unsuccessful, I'm ready to go apply for a small claims court action to solve this.

 

Any advice would be greatly appreciated.

 

Thanks,

 

It's 2 miles away - hardly unreasonable and you most definitely have not moved away!

 

Walk, ride, bus, car, etc. - 2 miles is on your doorstep

Edited by ims21
Link to post
Share on other sites

Hi Daniel and welcome to CAG

 

I removed your name from your post above - best to remain anonymous as the forums are open to, and watched by, everyone including banks, gyms, etc. :wink:

 

Most gyms say cancellation may be considered if you move 10 or 15 miles away. Although this is certainly not established in law, a court would consider what is reasonable given the individual circumstances.

 

I would certainly advise against taking court action as you would probably fail if you relied solely on the issue of being 2 miles from the gym. :-(

 

Although you say the bus takes over 30 mins, you could walk it in less than that.

 

On the issue of distance, you won't get the gym to cancel.

 

:-)

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

Link to post
Share on other sites

Hi Daniel and welcome to CAG

 

I removed your name from your post above - best to remain anonymous as the forums are open to, and watched by, everyone including banks, gyms, etc. :wink:

 

Most gyms say cancellation may be considered if you move 10 or 15 miles away. Although this is certainly not established in law, a court would consider what is reasonable given the individual circumstances.

 

I would certainly advise against taking court action as you would probably fail if you relied solely on the issue of being 2 miles from the gym. :-(

 

Although you say the bus takes over 30 mins, you could walk it in less than that.

 

On the issue of distance, you won't get the gym to cancel.

 

:-)

 

Thanks slick for an informative and non condescending reply!

 

Also thanks for the tip regarding my name.

 

I can see I maybe was misinformed and 2 miles seems like an acceptable distance, but I'm really frustrated that what used to be a 5 minutes walk, became a 35+ minutes walk, as there was no specifics about distance in the contract, it's frustrating to rely on their judgement.

 

I will follow your advice and will analyse my options for the further actions.

 

Thanks

Link to post
Share on other sites

Dan you could always use the 2 mile distance as part of your warm up prior to your workout in the gym, then as a warm down afterwards?

 

Or walk/jog their and bus it back?

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

Daniel,

 

Sorry if I appeared condescending but surely you can see that being two miles away is no distance whatsoever.

 

I'm 3 miles from my gym, 45 miles from my office, 4 miles from a supermarket and none are an issue. That's part of life I'm afraid. If you have anything right on your doorstep you are extremely lucky.

 

If you surveyed 100 people what % do you think would say 2 miles is a long way.

 

Sorry if the answer wasn't what you wanted and that it may have been read in a different way to that it was intended but I was just trying to be factual and honest.

 

Regards

 

BSC

Link to post
Share on other sites

No worries BSC, thanks for the info, it's just that I don't have a car or bycicle, I would only have the option to walk. And Bazooka, I also thought about this, but it's just the change of circumstance that will impact my daily routine as the only reason I joined was because it was 5 minutes from my doorstep.

 

Thanks

Link to post
Share on other sites

You sound like me Dan, concrete thinking, give it a thought over the weekend to get used to the idea and give it a go, if you have a bike then you could always cycle to the gym?

 

I don't like change either, but sometimes it is good to have a rock in your way...:thumb:

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

Link to post
Share on other sites

You sound like me Dan, concrete thinking, give it a thought over the weekend to get used to the idea and give it a go, if you have a bike then you could always cycle to the gym?

 

I don't like change either, but sometimes it is good to have a rock in your way...:thumb:

 

It's a pebble ;)

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...