******** claim of money owing

<p>I am disgusted in the lack of service provided to potentional clients!</p> <p><br />I am aggrieved at the fact that there is a lack of protection of clients or prospective clients whereby Virgin Active fails to afford proper protection and customer care, certain statements brought up in our previous telephonic phone call cannot be justified in terms of the South African legal system.</p> <p>Upon joining Virgin Active in 2011, I, at the time, was a child, meaning under the age of 18 years old therefore meaning a minor.</p> <p>My mother, undertook the contract on my behalf as I could not have entered into the contract without her assistance as the limited contractual capacity would have invalidated the contract and therefore I would not have been able to open a gym membership on my own accord.</p> <p><br />The Children's Act 38 of 2005<br />The definition of a Child as provided under the above mentioned statute is, means a person under the age of 18 years old. Thus meaning that all persons under the age of 18 are entitled to protection in accordance to the Constitution of The Republic of South Africa Act 108 of 1996 as well as in accordance to the Children's Act 38 of 2005, section 1.<br />A minor according to the Law of Contract, needs to be assisted with their parents in order to enter into a contract. It must be noted that my mother undertook as the primary person being liable in full for the amount owing to Virgin Active on a monthly basis as per the contract. Thus any debt arising out of the contract was to be paid by My mother <br />It must also be noted that at the time of the contract, I, was a minor.</p> <p><br />It is further very frustrating that I need to be in contact with both MBD as well as Virgin Active, where both MBD as well as Virgin Active tells me two contradictory versions.</p> <p><br />Upon being in contact with MBD, Mr Mabaso had told me that he cannot understand why Virgin Active is not allowing me to sign a new membership as he cannot pick up that I am liable for any amount that is supposedly said to be in arrears stated by virgin active. </p> <p><br />Mr Mabaso further put me through to a lady by the name of Faith, where Faith had told me the same thing including the fact that simply put it was not my debt but that of my Mothers, she further listened to my defence of prescription, and further told me that an email was required, and should include my mother's defenses , that she will clear this up with Virgin Active once she had received the email and would get back to me, I am still patiently waiting for her response.</p> <p><br />I am now advised that because I used the facilities of Virgin Active at the time of being a minor, I am liable for the debt listed as at 2011, I cannot agree to this as such is contrary to the protection of minors according to South African law.<br /> <br />Prescription<br />The commencement of prescription runs as soon as the debt falls due , according to the Prescription Act, Contractual debts are extinguished after 3 years of failure to request the debt and therefore, MBD as well as Virgin Active according to the Prescription Act loses their right to claim payment on the debt ever again.<br />As provided by Mrs Ronelle, the last request of payment was made in 2011, it is now 2017, and 6 years later there is an invalid attempt in requesting this debt as such a debt has been prescribed.</p> <p><br />It is therefore ******** that Virgin Active attempts to collect any payment in respect of the amount that they claim is owing as per the National Credit Act.</p> <p><br />A debt has prescribed in the following circumstances:<br />1. no payment has been made settling a debt in the last three years.<br />2. there is no acknowledgement of settling the debt or making payments<br />3. there has been no summons in respect of such a debt.</p> <p><br />I further request that if Virgin Active along with MBD is further persistent in requesting this invalid amount, provide me with the following:<br />1. A copy of the contract signed in 2011.<br />2. Statement reflecting the last payment in respect of this contract.<br />3. proof of the handover amount and all costs and interest which have accrued since.<br />Whenever I tell a representative of Virgin Active that this debt is not even my debt in the first place then they are quick to tell me that then my mother must come in to settle the amount, this is very confusing. Further in doing so they are tacitly acknowledging that it is her debt.<br /> <br />There is a great amount of miscommunication between Virgin Active and MBD, I fail to understand as to why I was told that according to MBD, Mr Mabaso, as an active agent of MBD told me there is no reason as to why Virgin Active listed my membership as pending as he could not see any debt that I owe. That such a debt could not even be seen under my mother's name. ( Calls are recorded so please feel free to listen to the conversation.) Mr Mabaso also confirmed that I was a secondary member of virgin active and not primary.<br />Please do advise me as soon as possible, as My husband and I are looking to join a gym together. </p> <p> </p> <p>I lastly cannot for the life of me understand how Virgin Active bring the supposed debt down from over R2000 to R1057 and now asking me to pay 50% of R1057. This is not my debt to pay, such request for payment is ******* and ********! </p> <p> </p> <p>I am am disgusted at how I am treated by Virgin Active claiming money from me as if they are trying their luck to get money out of me after prescription has run its course!</p> <p> </p> <p>why does Virgin Active act contrary to South African law! How can the amount keep changing? How can my mother's debt be liable on my account if it was her intention to provide the funding for the initial contract? Every time I tell one of the staff members of prescription they totally ignore it and do not respond to that defence?</p> <p>where is your regard for the law? Such a company of such magnitude? </p> <p> </p> <p>I am sick of taking to one person and then another. One day I deal with the incompetence of mbd and the next I must deal with the incompetence of Virgin Active to recognize lawful statute. What makes me even more sick is the fact that every one has a different story to tell me! </p> <p> </p> <p>Please note: all calls are supposedly recorded by mbd so listen to what your call center agents are saying. </p>