Sunday, December 9, 2007

Virgin Active - Sir Richard and his sidekicks strike again!

Dear Sir/Madam

I am writing about my recent horrific and highly stressful experince with Virgin Active Health Clubs, and specifically the one one at Brighton Beach, Durban, South Africa. I share this in the hope that other consumers will be warned.

It all began when my mother, God bless her, decided to buy me a one year contract with Virgin Active as a birthday present. The people selling us the contract were ever so helpful and pleasent and we stated repeatedly that this was just one year. A fact both I and my mother are prepared to swear to in a court of law. At the end of the year, after using the gym for a year, I did not return to the gym knowing that my time was up.

Imagine my horror when a few months later I was confronted with a summons from MBD Attorneys of Johannesburg with an outstanding account of some R874.35 (around $120) from Virgin Active. My wife went to the club where we had had our membership and we were told that they would 'sort it out' and we were not to worry, they understood that our membership was for only one year and this was merely an administrative error. They asked her to sign a 'letter of cancellation', which she had a copy but lost (not clever). So we left it alone and did not worry.

Unbeknowest to us this was just the begining of the nightmare. These people, MBD Attorneys of Johannesburg, began to phone us at our place of work, and continuesly state that we must pay them this money. When we asked on what grounds they can claim this money from us, we were told that the membership is for one year but has an automatic renewel attached to it. They also had no record of anyone 'sorting it out' so we were screwed.
So with out any warning, in spite of the fact that we had purchased our membership for one year only, and had paid for said one years membership with one payment, we were continuosly told that we owe money and had been 'handed over' to attorneys. Also this was in spite of the fact that we had only used the facilities for that one year and had not used them since.
You know in life there is morality and then there is the law, when they catch you they catch you. So after a while, out of shere frustration, I gave in and deposited the money into thier account. So I had to pay for around 8 months membership, without ever getting any benifit from said use. I wonder if taking something from somebody for nothing could be called theft?
It seems that the little guys are always the victims, there is not much we can do about this, but I would strongly hope that this experience is shared with as many people as possible as a warning to them.

My advice is ... if you consider joining a Virgin Active Health Club ... buy a bicycle instead ...

One ripped off ex Virgin Active Health Club Member ...

(Name and details withheld)

2 comments:

Anonymous said...

I was also conned by Virgin Active and I refused to pay the R1100 of 5 years ago , They are far worse than crooks.

James said...

Improper conduct by debt collectors

15. (1) A debt collector may be found guilty by the Council of improper conduct if he or she,
or a person for whom he or she is vicariously liable-
(a) uses force or threatens to use force against a debtor or any other person with
whom the debtor has family ties or a familial or personal relationship;
(b) acts towards a debtor or any other person with whom the debtor has family
ties or a familial or personal relationship, in an excessive or intimidating manner;
(c) makes use of fraudulent or misleading representations, including-
(i) the simulation of legal procedures;
(ii) the use of simulated official or legal documents;
(iii) representation as a police officer, sheriff, officer of court or any similar
person; or
(iv) the making of unjustified threats to enforce rights;
(d) is convicted of an offence of which violence, dishonesty, extortion or intimidation
is an element;
(e) spreads or threatens to spread false information concerning the creditworthiness
of a debtor;
(f) contravenes or fails to comply with a provision of the code of conduct
contemplated in section 14;
(g) contravenes or fails to comply with any provision of this Act; or
(h) behaves or acts in any manner amounting to conduct, other than that mentioned in
paragraphs (a), (b), (c), (d), (e), (f) or (g), which is improper in terms of a
regulation.
(2) The Council may in the prescribed manner investigate an allegation of improper
conduct by a debt collector submitted to it in the prescribed manner or have it
investigated in the prescribed manner by a committee of members of the Council or
by a person or persons nominated by it: Provided that a debt collector whose
conduct is being investigated shall be afforded the opportunity, either in person or
through a legal representative, of refuting any allegations made against him or her.
(3) If the Council finds a debt collector guilty of improper conduct, the Council may-
(a) withdraw his or her registration as a debt collector;
(b) suspend his or her registration for a specified period or pending the fulfilment
of a condition or conditions;
(c) impose on him or her a fine not exceeding the prescribed amount, which fine
shall be payable to the Council;
(d) reprimand him or her;
(e) recover from him or her the costs incurred by the Council in connection with the
investigation;
(f) order him or her to reimburse any person who the Council is satisfied has been
prejudiced by the conduct of such debt collector and to furnish the Council
within a specified period with proof of such reimbursement; or
(g) combine any of the penalties under this subsection.
(4) Any penalty imposed on a debt collector in terms of subsection (3) (a), (b), (c) or (g) may
be suspended, either wholly or partially, by the Council on such conditions as the Council
deems appropriate.
(5) The Council may in its discretion assign any of the powers conferred on it under this
section, except a power referred to in subsection (3) (a), to a committee nominated by it
in terms of subsection (2), and may rescind or vary a decision of such a committee.


Go to http://www.debtcol-council.co.za/debt_collectors_act.html for more.