Unfair Billing, Lack of Transparency, and Abuse of Power by Virgin Active

I am writing this complaint as a final attempt to seek justice in a matter that Virgin Active has repeatedly failed to handle with professionalism, transparency, or fairness. I believe this is now bordering on abuse of power, and I’m lodging this matter publicly on HelloPeter due to the lack of resolution despite several attempts to engage with Virgin Active directly. Below is the email I initially sent to Virgin Active Customer Services:

Dear Virgin Active Customer Services, I hope this email finds you well. I am writing to formally lodge a complaint regarding the treatment I have received from Virgin Active in relation to my membership account and billing. In around June 2024, not sure on the exact date or month, I was contacted by one of your consultants who informed me that my fixed-term subscription had come to an end and that I would now be moved onto a month-to-month contract. During that call, I inquired specifically about the implications of not paying in a particular month, in other words, whether I would still be liable for payment if I did not make use of the gym during that month. To my surprise and concern, the consultant responded by saying, and I quote, “Unfortunately, I cannot disclose that.” No explanation or clarity was provided despite my reasonable and direct question. I found this response evasive and unhelpful, especially given the contractual and financial implications involved. Following that interaction, I continued attending the gym for approximately six to seven months. However, due to financial difficulties in January 2025, I made the decision to stop attending. I did not make use of any Virgin Active facilities during that period and did not pay for that month, believing based on my earlier inquiry that I would not be liable in the absence of service usage. To my shock, I have now been informed that I am liable for payment for that month and possibly subsequent months. I find this position completely unfair and unacceptable, particularly because I raised this exact issue beforehand and was denied a proper response by your representative. It now feels as though Virgin Active is choosing to retroactively enforce terms which were previously withheld from me. I have repeatedly asked that Virgin Active review the recording of the call in which this conversation took place. Each time we are contacted by your staff, we are told that “calls are recorded.” If this is indeed the case, it should be a simple matter to retrieve the relevant call and verify what was said. The refusal or failure to do so gives the impression that either the recordings are not properly stored or there is an unwillingness to take accountability for the advice provided by your staff. Consumer Protection Act (CPA): - Section 22 of the CPA provides that all information provided to the consumer must be in plain and understandable language. - Sections 49 and 50 require that any terms that could result in financial obligation must be clearly explained to the consumer. - Section 41 prohibits misleading or deceptive conduct in connection with marketing and selling. RICA: As a consumer, I have a right to access any voice recordings involving me, especially in the context of a dispute. POPIA: I have the right to access personal information – including voice recordings – where it pertains to decisions being made about me. My Requests: 1. Retrieve and review the call where the transition to month-to-month was discussed. 2. Provide written explanation as to why I was not given transparent information when I asked directly. 3. Write off the R1,600 being claimed from me, which I dispute. 4. Handle this matter urgently and fairly.* ID: *** Phumudzo Patrick Modau

To make matters worse, the only formal reply I received from Tyron at the Virgin Active Helpdesk was as follows: "Hi Phumudzo Apologies for the delayed response. Please note that we could not find any call records for June linked to your mobile number. As per your membership agreement, when your membership is on a month-to-month basis, payment is still required regardless of usage." This response completely ignores the core issue – that I was denied vital billing information upfront, and now Virgin Active wants to enforce the very terms they failed to disclose. It also dismisses the very real concern of lack of call recording retrieval – which they regularly claim to have for "quality and training purposes." This is not just a billing issue anymore – it's an issue of poor customer service, lack of accountability, evasiveness, and what now seems like an intentional manipulation of power and process to avoid admitting fault. Virgin Active must be held accountable for how it treats its members – especially those who have genuinely tried to engage and resolve issues in good faith. I call on HelloPeter to assist in highlighting this unacceptable treatment and abuse of process. I am still waiting for a fair resolution. Phumudzo Patrick Modau ID: ***