URGENT:Legal help with quitting the gym pleeaaaassse

[Caddy2000]

I'm trying my best to quit Virgin Active; I'm a Diamond member.
I've been told that my membership is for 12 monthly periods.
I paid via direct debit monthly.

On the T's & C's it says:

1. Membership commitment to your Virgin Active club is:
For all membership categories the commitment period is one calendar month.
Except for Diamond membership where the minimum term is for twelve months whether paying by monthly direct debit or annually in advance. This is a contractual "commitment period" that binds the member and Virgin Active.

2. Notice must be given on termination of membership in writing from you or by completion of the Virgin Active Change of Circumstances Form, and such notice must be received at your home club, no later than the seventeenth day of the month before the month of cancellation to be effective on the last day of the month.
Except for Diamond Membership where written notice of termination must be given by the seventeenth day of the twelfth month (last month of commitment period). If notice of termination is not received in writing by this time the membership will automatically renew for a further twelve months.

On the back of the T's & C's it says:

CANCELLATION, SUSPENSION AND AMENDMENT
Minimum Written Notice Period
If you wish to cancel or amend your membership other than due to a change in the rules by us (see changes and adjustments) this must take effect on the first day of a month. We must receive written notice from youor you may complete our Chsnge of Circumstances Form no later than the seventeenth day of the month before the month the cancellation, suspension or amendment is due to take place.


This has slightly confused me.....

Can I just give the one month notice? I've been a member for 2 1/2 years...


Cheers

Paul

[Jelster]

Diamond member.... They have you by the short & curlys. We joined Virgin because of the 1 month notice period, which we enforced at the beginning of July.

Not sure what your options are....

[Caddy2000]

The centre manager won't either answer the phone or return my calls.......
... Been very happy with their service up till now. Haven't used the gym for about 4 months, and need the money for a mortgage!

[Jabba]

Can I just give the one month notice? I've been a member for 2 1/2 years...

I'm no legal expert, but reading that I'd say Jelster's right.

Tell then that you want to quit at the end of your current 12-month period and get the bank to cancel the DD as soon as the last payment for this 12-month period is made. Or do it online yourself if you have internerd banking.

[muffles]

1. Membership commitment to your Virgin Active club is:
For all membership categories the commitment period is one calendar month.
Except for Diamond membership where the minimum term is for twelve months whether paying by monthly direct debit or annually in advance. This is a contractual "commitment period" that binds the member and Virgin Active.

This says your minimum membership as a Diamond member is 12 months.

2. Notice must be given on termination of membership in writing from you or by completion of the Virgin Active Change of Circumstances Form, and such notice must be received at your home club, no later than the seventeenth day of the month before the month of cancellation to be effective on the last day of the month.
Except for Diamond Membership where written notice of termination must be given by the seventeenth day of the twelfth month (last month of commitment period). If notice of termination is not received in writing by this time the membership will automatically renew for a further twelve months.

This says that to quit on a particular month (so your membership ends on the last day of the month), you must tell them by the 17th day.

Also says that as a Diamond member, you sign up in 12-month blocks.

CANCELLATION, SUSPENSION AND AMENDMENT
Minimum Written Notice Period
If you wish to cancel or amend your membership other than due to a change in the rules by us (see changes and adjustments) this must take effect on the first day of a month. We must receive written notice from youor you may complete our Chsnge of Circumstances Form no later than the seventeenth day of the month before the month the cancellation, suspension or amendment is due to take place.

This just confirms that to quit, you have to tell them by the 17th day of the month in which you want the last day of the month to be your last day at the gym. It doesn't unfortunately appear to override when you can actually quit - it just says that you must tell them by the 17th day of the month in which you will be quitting.

Anyway that's how I interpret all this. :D

[mac99]

Doesn't look good mate.

A quick google turned up this review site (http://www.reviewcentre.com/reviews-all-72109.html).

Lots of very unhappy people trying to cancel diamond membership. Also worryingly it seems a few people have had debt agencies put on to them straight away if they just cancel the Direct Debit and stop paying.

Low Risk Option:
Ask to see a copy of your original contract - they may have lost it.

Higher Risk:
Find out what sort of things will get them to throw you out and cancel your membership. There must be some behaviour which is unacceptable but not criminal.


Actually, those two suggestions are not serious advice - I am not a lawyer. You could end up damaging your credit rating if this goes wrong.

[Stig]

Sounds to me like your stuffed. You may as well get the use out of it seeing as your going to have to pay.

[kitkat]

go and pee on the treadmill and get banned

[sarah]

go and pee on the treadmill and get banned

:smt043

[Ed]

...did they draw all this to your attention before you signed up??

12 months seems a long time to me for an exit notice in a consumer contract. There's no doubt that you dealt as a consumer. Time to dig out my old friends, the Unfair Terms in Consumer Contracts Regulations 1999. They are terrific for consumer disputes.

http://www.opsi.gov.uk/si/si1999/uksi_19992083_en.pdf

Particularly Schedule 2 para 1 clauses e, h and i. Have a look round the others too.

However, gym contacts are notorious for unfair clauses, I've dealt with more than a few in the past, with generally mixed results - I say 'mixed' because people generally don't want a bust up and will generally settle on terms. These contracts are so notorious that the OFT has published specific guidance on the application of the Unfair Terms Regs to these types of contract, you can find the text at:

http://www.oft.gov.uk/shared_oft/business_leaflets/unfair_contract_terms/oft373.pdf
(http://www.opsi.gov.uk/si/si1999/uksi_19992083_en.pdf)
They offer specific advice on exactly the clause you've come up against.

Of course the last thing you want is a legal bust up and litigation, so it might be worth offering them some £ to f*** off.

Edski

[Kinvig]

Virgin decided they didn't want my membership when our corporate scheme stopped. I wasn't prepared to pay £83 a month.

If the membership fee has increased can you say you are not prepared to pay it?

Can you transfer your membership to someone else i.e. sell it on - I've seen people sellnig LA Fitness memberships on craiglists/loot online etc.

[melody]

I was a Diamond member of Virgin Active in Leeds. When I moved out of Leeds I tried reasoning with them about cancelling my contract. They wouldn't have it and so I cancelled my direct debit. They then sent me numerous (rather threatening) letters and so I paid up the remainder of my 12 month contract:smt013:smt013:smt013.

But I guess, a contract is has to be honoured.

[Grinch]

But I guess, a contract is has to be honoured.

Not if that contact was unfair in at the start.

[Caddy2000]

Thanks to you all for all the help/feedback. It's good to know that I'm not the only one in this situation.
ED - Cheers fella! Couldn't load the first linky (coz my work comp is playing up something chonic), but the second came up with a lovely little Reg:

18 Regulation 7: plain and intelligible language

18.1 Regulation 7 provides that:
(1) A seller or supplier shall ensure that any written term of a a contract is expressed in plain, intelligible language, and
(2) If there is a doubt about the meaning of a written term, the interpretation most favourable to the consumer shall prevail.


Useful?

[454697819]

I was a Diamond member of Virgin Active in Leeds. When I moved out of Leeds I tried reasoning with them about cancelling my contract. They wouldn't have it and so I cancelled my direct debit. They then sent me numerous (rather threatening) letters and so I paid up the remainder of my 12 month contract:smt013:smt013:smt013.

But I guess, a contract is has to be honoured.

i was just gonna say cancel the dam dd and see what they do...

realstically, if you dont have the money they cant force you bankrupt can they?

and as ur canceling to move just forget to change ur address with them then all the letters go to your old address.

Any way f'em.... Richard is a beared ol git.

HTH

[Bear]

You could look at putting your membership 'on hold'. Dunno if Virgin do it, but i know Fitness First do a thing where you pay £5 a month rather than whatever the exorbitant amount is, and the keep the account open, but you can't go?

Worth looking into.