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I was wondering if someone could give me some advice in dealing with a threat of legal action from Trevor Munn solicitors in respect of a dispute I am having with Virgin Active.
About 2 years ago I joined Virgin Active gyms (then Esporta Health clubs). Upon joining i objected to having to pay a £100 joining fee. After much disagreement the sales manager gave me a voucher for 2 months free membership which I could exercise only after 6 months. This voucher had no expiry on it.
About a year into my contract I remembered the voucher and handed it in to the gym in order to get my two months free membership. At this point I was told by the gym manager that as Esporta been taken over by Virgin they were no longer honouring such vouchers. I wrote to them asking them to clarify this as it made no sense, if I had to honour my Esporta contract then they should honour the voucher, especially as there was no expiry on the voucher nor any terms limiting their use.
Virgin never replied to my letter. I wrote to them again. They ignored it. After a few months I grew tired of this and so cancelled my membership which required me to give 3 months notice. Instead of giving 3 months I paid 1 month and told them I would be utilising my 2 free outstanding months in lieu of the final 2 months of the notice period.
Virgin immediately wrote to me demanding money. I wrote back to them and explained the situation. They ignored it and passed my details on to ARC Europe. ARC wrote to me and threatened me with legal action and rang me where upon I explained the situation, they ignored this and wrote to me demanding payment for £470! (the two months not paid to Virgin amounted to £120, so where this extra £350 has come from is beyond me.
Today I received a letter from Trevor Munn solicitors which says the following:
"On the instructions of our client, ARC (Europe), documentation will now be prepared for the issue of a Claim in the Northampton County Court, for recovery of the above debt.
We are directed to proceed with the claim in ten days from the date of this letter unless we receive either payment in full or a substantial payment and a firm commitment to clear the remaining balance.
If it is necessary to take this step our client is entitled under the County Courts Act 1984 to charge interest on the outstanding amount at the rate of 8% pa. In addition you may be liable for court costs of £65.
If the debt still remains unpaid, our client will seek to obtain judgement against you, which will be registered as a county court judgement. This information will also be passed to the credit reference agencies who will hold the information for 6 years even if the judgement is paid.
Can anyone advise me on what to do? For a start I live in London I can't go to Northampton to fight this. Also it sounds as if they will push for a judgement without having to go to court. Can anyone help me on what I should do with these bullies? I am thinking of making a claim in the small claims court against Virgin active for the recovery of the 2 months that I should have had in the first place, do you think that would succeed?
Help needed!
About 2 years ago I joined Virgin Active gyms (then Esporta Health clubs). Upon joining i objected to having to pay a £100 joining fee. After much disagreement the sales manager gave me a voucher for 2 months free membership which I could exercise only after 6 months. This voucher had no expiry on it.
About a year into my contract I remembered the voucher and handed it in to the gym in order to get my two months free membership. At this point I was told by the gym manager that as Esporta been taken over by Virgin they were no longer honouring such vouchers. I wrote to them asking them to clarify this as it made no sense, if I had to honour my Esporta contract then they should honour the voucher, especially as there was no expiry on the voucher nor any terms limiting their use.
Virgin never replied to my letter. I wrote to them again. They ignored it. After a few months I grew tired of this and so cancelled my membership which required me to give 3 months notice. Instead of giving 3 months I paid 1 month and told them I would be utilising my 2 free outstanding months in lieu of the final 2 months of the notice period.
Virgin immediately wrote to me demanding money. I wrote back to them and explained the situation. They ignored it and passed my details on to ARC Europe. ARC wrote to me and threatened me with legal action and rang me where upon I explained the situation, they ignored this and wrote to me demanding payment for £470! (the two months not paid to Virgin amounted to £120, so where this extra £350 has come from is beyond me.
Today I received a letter from Trevor Munn solicitors which says the following:
"On the instructions of our client, ARC (Europe), documentation will now be prepared for the issue of a Claim in the Northampton County Court, for recovery of the above debt.
We are directed to proceed with the claim in ten days from the date of this letter unless we receive either payment in full or a substantial payment and a firm commitment to clear the remaining balance.
If it is necessary to take this step our client is entitled under the County Courts Act 1984 to charge interest on the outstanding amount at the rate of 8% pa. In addition you may be liable for court costs of £65.
If the debt still remains unpaid, our client will seek to obtain judgement against you, which will be registered as a county court judgement. This information will also be passed to the credit reference agencies who will hold the information for 6 years even if the judgement is paid.
Can anyone advise me on what to do? For a start I live in London I can't go to Northampton to fight this. Also it sounds as if they will push for a judgement without having to go to court. Can anyone help me on what I should do with these bullies? I am thinking of making a claim in the small claims court against Virgin active for the recovery of the 2 months that I should have had in the first place, do you think that would succeed?
Help needed!
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