Dear Spamheed, So sorry for the delay, that whole affair of ARC is driving me mad and I have a very bad cold : (. Yesterday received a letter from Virgin Active Gym. They want me to send the ref number of the recorded delivery letter which I posted back in Dec 2007. According to their member service manager she will then send my letter to her head office to resolve that matter as soon as possible. But there is not guarantee abt the out come on my membership and I might have to make a full payment towards my account, but obviously her head office will decide that. I am sending them the copy of all special delivery, electronic proof receipts..Obviously via Special Delivery… Ohh yeah they have finally received my doctor letter so they do receive Special Deliveries some times

Opps!! Sorry Spamheed it iz too small , let me type that for you.

I am sending you scan of that contract and the things in circle I have signed. I hope I have attached the document properly. Yes that is the copy of the acctual contract which I have signed. Hopefully you will get the attachment.

Dear Spamheed Hello, I have received a letter from ARC today copy of my contract with virgin active and membership rules are also attached with that. Letter is here for you Dear XXXXX, We are writing in response to your recent correspondence. Please find enclosed a copy of your signed contract form our client which shows you agreed to the term and conditions of the contract. As we have now supplied you with this documentation we require full payment with the next 10 days. Your payment should be sent directly to this office. Please ensure your payment is made payable to ARC (Europe) Ltd and clearly write your reference number XXXXX on the reverse, or this may delay it being allocated to your account. Alternatively you can telephone us to make a payment by debit or credit card. If we do not receive your payment within the next 10 days, this account will be passed to our solicitors for further action. Yours Faithfully, In the rules under the heading of Debt Collection it says; If you are a Diamond Member and have committed to a minimum twelve month term and you do not make a monthly payment (with in 30 days of the due date) then we may add to the out standing sum to be collected the reasonable and necessary costs incurred by us in employing third party to collect the outstanding sum (which will not be disproportionate to the sum to be collected). Please guide : (

Hello Spamheed, Still no news neither a letter from ARC regarding my CCA. Thought better keep you posted. Making notes of the calls from now on. : )

Hello Spamheed, £1.00 postal order which I attached with my letter I didn't mention anything about that in the letter to ARC. May be that’s why they are taking that as a payment towards my debt. Was that a wrong move? They are still calling me but I am avoiding their calls. So I have to wait for my CCA from them, what is the time limit on it, can kindly tell me please?

So here is the reply in my hand received from ARC today. Letter says!!! Dear Sir/ Madam, We are writing to confirm safe receipt of your payment for £1.00. However, we note that you do not currently have an arrangement in place to clear the remaining balance. Therefore you now need to contact us URGENTLY to set up a new arrangement to clear this debt; otherwise you risk the account being passed to our solicitors for further action. Please always quote our reference XXXXXXXX in all communications with us. Yours Faithfully J Turner ARC (Europe) Ltd Nothing else they have provided me so far. What are they playing at? I did ask them to send me the CCA but no response what so ever.

Hello Spamheed, Still no letter from ARC yet. According to RM website my letter was delivered on 28/01/08. I am still having problems to get the electronic proof form their website, site says they(RM) experience delays with this service and can take up to 5 working days for electronic proof (signature of the person who received it) of delivery to be available. I am keeping the track of it and as soon as it’s with me I will let you know.

Spamheed I am keeping a track of the letter sent to ARC, also printed a receipt from Royal Mail website. It says that they (RM) have received my item and expect to deliver it before the guaranteed time on 28/01/08.

Spamheed so I managed to post 2 letters today. 1- To Virgin active along with my GP letter as according to them they didn't receive any of my other letters so far. So I thought better send them another one just for the safe side, obviously this time with especial delivery. 2- To ARC to send me copy of my CCA. Let’s see what they will come up with? Retain copies of all communications and receipts for postal orders and obtain proof of postage from the Royal Mail website. Now I have to check the status of the post from Royal Mails website and print the status. Am I right? You have described S.A.R so thoroughly, and I am learning loads about things which I have never though about before. I am very thankful to you about your time and help. Have a nice weekend : ). As you mentioned chances are that my debt will not be covered by CCA, in that case what will be the next move?

Thank you Tomterm, Spamheed can you kindly enlighten the difference between CCA and data protection act S.S.A please.

Yeah you are cent percent right Sosumi. Let’s see what the verdict will be after that letter to them. I am glad that I have done googling and came into careful hands of people like Spamheed and you. I really appreciate your kind words and all the help you guys are providing here. BLESS YOU BOTH

When does the membership expire? According Virgin Actives term n conditions 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. Spamheed so basically I am sending ARC a letter to send me a CCA (Consumer Credit Act). So here is my check list 1- I am starting my letter with these words in bold letters I DO NOT ACKNOWLEDGE ANY DEBT TO YOUR COMPANY 2- Ask my creditor for a copy of my credit agreement under the Consumer Credit Act 1974. 3- Not signing the letter. 4- Take Photocopies of letter for future reference. 5- Making a postal order of 1 pound. 6- Sending the post through recorded delivery. 7- Obtain proof of postage from Royal Mail website. 8- Keeping all postal receipts and photocopies safe. I am feeling like now I am getting some where. Thank you Spamheed: )

Hello again, So finally I did open the letters Virgin Active letter dated 29th October 2007 heading on the letter is Cancellation of contracted membership letter They say in letter as they haven't received out standing arrears of £149.85 so now they are referring my account to ARC (Europe) Ltd and £30 debt recovery costs are included in my current debt. Further they state that I will remain contracted to them for the whole of my 12 month commitment period. If debt is not resolved the amount due may increase on monthly basis until the full balance of 12 month commitment period is reached. One letter from ARC dated 6 november2007 and Trevor Munn solicitors sent me 2 letters one dated 16th November and 2nd one on 30th November with TM solicitors’ logo. The content of the letter is A county court claim is now being prepared for issue in local County Court and the following cost will be added Debt Balance £149.85 Court Fee £20.00 Solicitors £50.00 Interest Due £11.99 ------- Total £231.84 All telephone enquiries made to Trevor Munn solicitors must be directed to ARC on their legal help line. But why? So please Please Advise.

Hello There, Sosumi and Spamheed thank you so much for your prompt reply, I truly appreciate it. Complete Nonsense, do you have a copy of the membership agreement you signed when you first joined the gym? to see what the terms of cancellation are. Unless you sign a new agreement each year. I would expect them to be something like 1 months written notice, given that you have been a member for at least 2 years. Spamheed, yes I do have a copy the membership agreement. The term and conditions for the cancellations are 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. Here I also want to correct my self that I was on Diamond membership not on Platinum. You need to clarify this bit - Did you put anything in writing at all regarding the cancellation of the membership prior to cancelling the direct debit? I did send them letter in September 2007 thinking that’s it on my part and also requested my bank to stop any direct debit to Virgin active the same day. When I didn’t hear from them and received a letter from Virgin Active that my account is in arrears, in October 2007 again I send them letter stating that due to medical reasons I can’t join the gym but no luck once again. I also rang them to find out if they have received my letters to terminate my membership but the answer was not satisfactory. Unfortunately as letters were sent through normal post I don't have any thing to prove. you have anything in writing confirming your injuries, and did you write to them before stopping the direct debit? yes I do have a letter from my GP confirming I have an injury wich prevents me from using gym. Yes I wrote them before stoping the direct debit. I am not calling ARC I picked phone twice they really harrassed me and I felt really degraded. I am not picking any phone calls, you can imagine how scared am I of them. Oh yes!! Sosumi I am goign to open ARC letters now .......wish me good luck. Will write you soon what is in the letters. I am going to open the ARC letters....and I am very scared.

Re: ARC Collection Agency Hello There, Please excuse me for posting my problem here but as I am new here I feel bit lost. I will really appreciate if someone can help me with my problem. I was with Virgin Active gym on Platinum membership from past 2 Years. In February 2007 I had a fall and injured my left knee. Due to that I wanted to quit the gym and I rang them but I was told that I can’t terminate my membership at all even though if I am not using the gym I have to pay. I told them the reason but they didn't listen and insisted that I have to pay even if I don’t use the gym. I requested my bank to stop paying Virgin Active through direct debit. After numerous phone calls to Virgin Active I wrote them letters, but didn’t hear anything from them. They kept sending me letters for not receiving the money through direct debit I didn’t answer them. Finally on 10th of December 2007 I send them a letter through recorded delivery due to medical and personal reasons I am unable to join virgin active gym, I also attached the letter from my GP to prove that. But still didn’t hear a thing from them. In Despair today on 21st of January, I rang them only to find out they haven't received any of my letters and they have passed my account to ARC Credit Management. When I asked the lady from Virgin active to tell me how much amount I owe them, she said she can’t tell me as ARC will have to add their charges as well and I have to speak to ARC Credit Management. I have ARC letters but I am too scared to open them they harass me on phone also. I am so affray to pick up the phone. I opened one of ARC Credit Management letter dated 06 Nov 2007 letter it says Balance Current Arrears Due £149.85 Total Liability to end of contract £189.80 I don't get that at all and I am so scared to ring them and find out. The letter also says that they will pass my account to their solicitors, with instructions to issue proceedings in the county court. I am very upset and don't know what to do. Please Please help me.

Hello There, Please excuse me for posting my problem here but as I am new here I feel bit lost. I will really appreciate if someone can help me with my problem. I was with Virgin Active gym on Platinum membership from past 2 Years. In February 2007 I had a fall and injured my left knee. Due to that I wanted to quit the gym and I rang them but I was told that I can’t terminate my membership at all even though if I am not using the gym I have to pay. I told them the reason but they didn't listen and insisted that I have to pay even if I don’t use the gym. I requested my bank to stop paying Virgin Active through direct debit. After numerous phone calls to Virgin Active I wrote them letters, but didn’t hear anything from them. They kept sending me letters for not receiving the money through direct debit I didn’t answer them. Finally on 10th of December 2007 I send them a letter through recorded delivery due to medical and personal reasons I am unable to join virgin active gym, I also attached the letter from my GP to prove that. But still didn’t hear a thing from them. In Despair today on 21st of January, I rang them only to find out they haven't received any of my letters and they have passed my account to ARC Credit Management. When I asked the lady from Virgin active to tell me how much amount I owe them, she said she can’t tell me as ARC will have to add their charges as well and I have to speak to ARC Credit Management. I have ARC letters but I am too scared to open them they harass me on phone also. I am so affray to pick up the phone. I opened one of ARC Credit Management letter dated 06 Nov 2007 letter it says Balance Current Arrears Due £149.85 Total Liability to end of contract £189.80 I don't get that at all and I am so scared to ring them and find out. The letter also says that they will pass my account to their solicitors, with instructions to issue proceedings in the county court. I am very upset and don't know what to do. Please Please help me.