HELP! Virgin Active have instructed a debt recovery agency for a cancelled contract
- From: Distorted Vision <r.patre@xxxxxxxxx>
- Date: 29 May 2007 19:22:28 -0700
I have a problem which is causing me some distress and hoping some of
you may be able to give some advice.
In 2005 I joined Virgin Active in Leeds. My membership and contract
with Virgin Active Leeds was cancelled in 2005 just a few days after
joining because I had a change in personal circumstances which meant I
had to move from Leeds resulting from the unexpected and sudden
bereavement of a close member of my family.
I wrote to the manager of Virgin Active Leeds and spoke on the phone
to her several times. She personally organised the cancellation of the
membership and this was confirmed in writing by Virgin Active Limited.
The letter stated clearly and unequivocally that I had released from
the contract, that it had been made null and void. I had no further
financial obligations to Virgin Active from that point in time.
I received a letter dated two weeks ago dated 15 May from Virgin
Active stating that there was money owing for unpaid membership fees
and the case had been passed on to Receivables Ltd - a debt recovery
agency. This letter is the first correspondence of any nature I have
received from Virgin Active since my contract was cancelled in 2005,
demand for payment or otherwise. They state that they had made written
several letters and made several attempts to contact me. However, the
address was sent to x Gxxxx Lane and I live at x Grove Road. They had
been sending all the correspondence to that address which is a
property in a neighouring road.
I used the correct address on the the application form when I joined
Virgin Active. All my mail is redirected by Royal Mail and I visit my
address in Leeds at least once a month and there is no correspondence
received there from Virgin Active at all. It was only by chance that I
received their letter dated 15 May.
Unfortunately I do not still have the letter which they sent to me
confirming the cancellation of my membership. It was disposed of with
several old files of correspondence at the end of last year. Since I
had received no further correspondence from Virgin Active for 18
months, I considered it to be the end of the matter. There was
absolutely no reason for me to retain it.
I wrote to both the manager at Virgin Active Leeds and to Receivables
with all this information. I left telephone messages for the manager
who has not responded to any of my communication. An employee from
Receivables Ltd called me early this morning on my parents' home
telephone number. I intentionally did not give this number on any
communication to Virgin Active or Receivables Ltd. My father
recovering from a bi-lateral hip replacement - a major operation and
so I deliberately did not make that number available so he would not
be disturbed. Furthermore, the number is ex-directory. The
representative of Receivables Ltd was very rude and aggressive in her
manner. She was uninterested in anything I had to say on the matter
and kept forcefully insisting that I had to pay this debt. She said
that there were no records of any letters sent by Virgin Active, the
manager of Virgin Active had never spoken to me ever before, there was
no record of the letter I sent to them when the contract was
cancelled. The representative at Receivables Ltd said she would send
me a copy of the contract and would keep calling me until the so-
called debt was repaid. I repeated what I had already stated in my
letter: that I would not be be meeting any demands for payment which
are without any legal or other foundation. I returned back to
University in September 2006 full time for my postgraduate studies and
am in no position to pay a so-called debt for which I am in no
absolutely no means responsible.
As I'm sure you can appreciate I'm upset by the manner in which Virgin
Active and its appointed representatives is conducting itself in
dealing with this matter given the sensitive nature of the
circumstances in which the membership was cancelled. Furthermore the
manner in which the Debt Recovery Agency is conducting itself is
causing me some distress. I should explain that I have absolutely no
other debts at all, I do not even own a credit card anymore, I have an
almost perfect credit history. The only "debt" I have is my mortgage
which I have not missed a single payment for in the 4 years of its
life.
Would any of you be kind enough in advising me how to deal with the
Debt Recovery Agency? I was going to write to Receivables Ltd and
state that my position remains unchanged and that I continue to
dispute the debt and shall not be meeting any demands for payment.
Also not to contact me my telephone on my parents' home phone number
or otherwise and that such contact will be considered harassment. Can
I say that if I do receive any calls from them that they will be
immediately terminated and the times and dates recorded? Also that I'm
aware of the Section 40 of the Administration of Justice Act and the
Office of Fair Trading Code of Guidance. Can I say that if they
continue to call me that I will report them to my local trading
standards office? Can I also make a formal complain to the Office of
Fair Trading itself if they presist to call me.
Many thanks for your help.
.
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