******** contract set up by Virgin Active

I signed a two (2) year contract with Virgin Active in Mitchells Plain more than 10 years ago. I continued with the contract on a month-to- month basis for several years until it was cancelled approximately three (3) years ago. I haven’t used the gym for several years, consequently I’m perturbed by this letter of demand.

Section 14 (2)(d) of the Consumer Protection Act 68 of 2008 provides that on the expiry of the fixed term of the consumer agreement, it will be continued automatically on a month-to-month basis unless the consumer expressly:

(1) directs the supplier to terminate the agreement on the expiry date or

(2) agrees to the renewal of the agreement for a further fixed term.

I have never agreed to the renewal of the agreement for a further fixed term. I reserve my right to refer the matter to the National Consumer Commission as it appears that Virgin Active is persisting with its ******** practice of automatically renewing fixed agreement upon the expiry of the original fixed term agreement in contravention of the Consumer Protection Act 68 of 2008. This practise should be brought to the attention of the National Consumer Commission as it may be a widespread and common practise.

I haven’t been a gym member for several years. I reiterate that my contract has expired more than 10 years. Kindly confirm that the amount claimed will be written off and that you will not refer this matter to the credit bureaus. Please urgently revert as I intend appointing a law firm to defend the action, assist with the referral to the National Consumer Commission and deal with negative information relayed to the credit bureaus.

I now await confirmation that your ******** demand will be withdrawn.

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