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HfP reader wins case against Virgin Money for not refunding his annual credit card fee

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A Head for Points reader has won his case with the Financial Ombudsman Service (FOS) against Virgin Money, and the way they applied the annual fee on his Reward+ credit card.

For background …. Virgin Atlantic has two Mastercard credit cards, the Reward and Reward+ cards.

Reward (apply here, review here) has no sign-up bonus, is free for life and earns a whopping – by free Mastercard standards – 0.75 Virgin Points per £1 spent.

HFP Virgin Atlantic Rewards credit card

Reward+ (apply here, review here) has a sign-up bonus of 15,000 Virgin Points, has a £160 annual fee and earns a huge 1.5 Virgin Points per £1 spent.

Both cards also offer an annual 2-4-1 or upgrade voucher valid for two years. The free card triggers a voucher at £20,000 of annual spending whilst the Reward+ card triggers a voucher at £10,000.

Why did our reader need to complain to FOS?

For the first year, it is a no-brainer to go for the £160 paid card. The 15,000 miles bonus offsets the fee, you are earning twice as many Virgin Points per £1 and it is far easier to trigger the voucher.

After the first year, the maths gets trickier. You may decide that it makes more sense to swap to the free card, or even cancel altogether.

Our reader decided to cancel. However, Virgin Money charged his annual fee early – just over 11 months after he opened the card.

The reader was still using his card at this point, albeit less than usual, with a view to stopping a few days before the card anniversary and then cancelling.

When he tried to cancel, Virgin Money refused to refund his £160 annual fee for the second year. This was because he had used the card after the fee had been charged, which counts as ‘accepting’ the fee.

The reader complained that this wasn’t fair

The reader felt that this was unfair. Virgin Money had charged him the new fee a few weeks before his original card year ended.

He had also not been notified of this, so unless he was checking his statement daily he would not have known that the fee had been charged.

HFP Virgin Atlantic Rewards Plus Credit Card

Virgin Money claimed that it was in the right

Virgin Money argued that it was in its rights to charge the fee a few weeks before the card anniversary. The terms and conditions state:

“Each subsequent annual card fee will be added to the account on or about the anniversary of the account opening date and will be required to be paid as part of your Minimum Payment”

The Ombudsman did not discuss whether or not Virgin Money was correct in applying the fee three weeks before the card anniversary.

In reaching its decision to make Virgin Money refund the fee for the second year, it looked at the spending pattern of the reader. This showed that he had been spending less in recent weeks which implied that he was planning to close it. The Ombudsman found that Virgin Money was wrong to refuse to refund his fee.

This isn’t all good news for readers, however

Our reader got his £160 refunded in the end. However, this case still leaves a bad taste in the mouth:

  • what I didn’t say earlier is the Financial Ombudsman Service initially found in favour of Virgin Money – our reader had to appeal the decision, which sends it to a more experienced member of staff, before he was given his refund
  • Virgin Money had originally told the investigation that “They had refunded £40 and this was reasonable.” – even though this was the £40 refund given to EVERY Reward+ cardholder as compensation for being unable to redeem their miles due to covid, and nothing at all to do with this case
  • the appeal succeeded only because the reader had been clearly reducing his spending, even though the card was not due for renewal for a few weeks – if he had been spending at his usual rate, intending to stop suddenly in the last few days before his card anniversary, he may have lost
  • the decision did not address Virgin Money’s policy of debiting an annual fee weeks before it is due, without informing the cardholder in advance, and then claiming that continued use of the card during the current year for which a fee has already been paid disqualifies the cardholders from a refund
  • the Ombudsman did not award any additional compensation for the time and effort he had been forced to spend in making his original claim and subsequent appeal, because it did not believe that Virgin Money had done anything wrong – in effect, their policy is acceptable to FOS, even though it stops cardholders getting the 12 months of benefits they paid for

The lesson from the story is ….

If you have the Virgin Atlantic Reward+ credit card and do not intend to keep it beyond the first year, you should either:

  • cancel it after 11 months, even though you have paid for 12 months, or
  • start to run down your spending after the 11th month so there is a clear paper trail of your intention to close the card or
  • keep a daily watch on your statement once you get into Month 12 and stop spending on the card as soon as the £160 fee for the second year appears

The full judgement should be available on the Financial Ombudsman Service website in a week or so.


How to earn Virgin Points from UK credit cards

How to earn Virgin Points from UK credit cards (April 2025)

As a reminder, there are various ways of earning Virgin Points from UK credit cards.  Many cards also have generous sign-up bonuses.

You can choose from two official Virgin Atlantic credit cards (apply here, the Reward+ card has a bonus of 18,000 Virgin Points and the free card has a bonus of 3,000 Virgin Points):

Virgin Atlantic Reward+ Mastercard

18,000 bonus points and 1.5 points for every £1 you spend Read our full review

Virgin Atlantic Reward Mastercard

3,000 bonus points, no fee and 1 point for every £1 you spend Read our full review

You can also earn Virgin Points from various American Express cards – and these have sign-up bonuses too.

American Express Preferred Rewards Gold is FREE for a year and comes with 20,000 Membership Rewards points, which convert into 20,000 Virgin Points.

American Express Preferred Rewards Gold

Your best beginner’s card – 30,000 points, FREE for a year & four airport lounge passes Read our full review

The Platinum Card from American Express comes with 50,000 Membership Rewards points, which convert into 50,000 Virgin Points.

The Platinum Card from American Express

80,000 bonus points and great travel benefits – for a large fee Read our full review

Small business owners should consider the two American Express Business cards. Points convert at 1:1 into Virgin Points.

American Express Business Platinum

50,000 points when you sign-up and an annual £200 Amex Travel credit Read our full review

American Express Business Gold

20,000 points sign-up bonus and FREE for a year Read our full review

Click here to read our detailed summary of all UK credit cards which earn Virgin Points

Comments (99)

This article is closed to new comments. Feel free to ask your question in the HfP forums.

  • NeilP1234 says:

    Such a contrast with how good Amex are in cancelling or changing cards and providing pro rats refunds of any fees paid.

  • Sandgrounder says:

    One thing most virgin group companies have in common is an appalling reputation for customer service.

    • John says:

      Agree. I recently decided that I will no longer do business with virgin money and as soon as my fixed term accounts expire the money will be moved away.

    • Andy says:

      Very valid point. Virgin media are inept in every dealings I’ve ever had with them

    • kevbar says:

      Yes I agree, even though it is tempting with the sign up bonuses etc my intention is to never use any Virgin company again. The appalling behaviour of Virgin Money affects the other Virgin companies whatever the ownership.

  • Rachael Bhella says:

    I was lucky last year. I got a full refund after saying my husband lost his job and we couldn’t afford to keep X2 cards running and I wished for a refund re the fee. They did it.. eventually, 6 months later and I was given the whole fee back.

  • NigelthePensioner says:

    The fee is clearly stated as being an annual fee. It may be charged in advance of the due date for the coming year, BUT as long as the card is cancelled, in whatever manner the card company specifies, BEFORE the anniversary date AND there is no use of the card on or after the anniversary date, then it is very clear that the annual fee should be refunded in full and membership cancelled. As for usage of the card, this is a red herring. The card can be used full pelt up to a date before the anniversary which allows all points to be posted.
    There is no financial or legal correlation between card usage and personal future intention. This is a unique decision by any individual especially if they have a portfolio of card spending options. I know of no credit or charge card companies that require one months notice of termination to avoid the imposition of fees – unlike old fashioned monthly contract mobile phone companies (who has one of those now?!!) or broadband companies.

  • Sussex bantam says:

    What a strange decision The contract is for 12 months with an associated fee – there is nothing that says you can only use the service for 11 of the 12 months abs nothing that gives virgin the right to start a new 12 month contract early.

  • Flyoff says:

    I had great difficulty in closing my card with Virgin. I had a pending transaction which I had complained about months before which both the retailer and Virgin were unable to remove from my account. It was for an item which was out of stock at the online retailer which never came back into stock. Virgin Money were an absolute pain and every answer was in some way explaining it was my problem. Eventually Virgin resolved the issue by discussing with the retailer in a conference call with me and refunded the second year fee. The lesson I learned is make sure you do not place any transaction which may remain pending in the final months.

  • Chris Heyes says:

    Rob After carefully reading through another excellent report it seems to me to be an easier way to avoid any dispute.
    The customer just needs to e-mail (or send a letter) or even record a phone call “stating it is my intention to cancel my card ON the anniversary or the day before”
    I presume in the event of any dispute that notification would take preference in law

    • Rob says:

      One trick I learned in my banking days – if you sign a contract with automatically renews, cancel it 1 day after signing it. You then remove the risk of automatic rollover.

      • Lady London says:

        Ha. I do that autimatically with all car insurance – even though I have still sometimes chosen to renew with same company I have wanted to have the choice.

        Three mobile network also pulls this trick of refusing to accept their required 30 days’ notice early.

        So even if I’m going to be on a week’s safari in Botswana far from any network, Three has insisted on something like 37-30 days notice (ie they might take it a werk early but they say notice of 30 days in their contracts means exactly 30 days and no more and no less) just so they can take advantage and charge more for unwanted days that the customer then falls into because Three won’t let them plan.

        Three are utter sleazeballs on this.

  • Scallder says:

    Whilst it’s obviously not applied, I’d say this could also extend to the T&C saying that you need to use the same BAPP card to use the voucher earned from it. Given the 2 year validity, that could mean incurring fees of up to £390 for a voucher already earned.

    I know Amex spout this rubbish when cancelling the card but there’s no way if they actually enforced it it would hold up as reasonable. So pretty poor of Amex to say this and have this unfair T&C and I’m sure they keep some people unknowing you can use any Amex in the cycle of paying annual fees, for fear of not being able to use vouchers already earned.

    • Blenz101 says:

      How is that the same at all? The terms of the voucher clearly state you need to use your BA Amex to pay the taxes and fees. It is just a bonus that any Amex is valid, I guess Amex are right to point out that you are supposed to use the BA card – it could change and that loophole could go.

      If you decide to hold the voucher for an extended period and keep the card running alongside it that is an active choice.

      • Scallder says:

        Because it’s a financial product and that term is in no way fair and reasonable. It’s advertised with an annual fee of £195 and upon spending £10k you get a voucher valid for two years. Saying that the consumer then has to keep the card and pay additional annual fees for a voucher already earned is in no way a reasonable T&C.

        • Callum says:

          Given its a benefit given only to cardholders, requiring you to be a cardholder to spend it doesn’t seem particularly wacky – especially as you’re able to earn and use it within a year, avoiding future annual fees, if you want to.

          Where is it advertised that it’s available for 2 years? The only place I see that mentioned is the T&C’s – the same ones that tell you it needs to be booked with this credit card.

          • Scallder says:

            The voucher you earn is valid for 2 years and you can use it at any point in that period for the outbound…

          • Scallder says:

            The website states: Get a Companion Voucher when you spend £10,000 each membership year on the Card, which you can use to take a companion with you on the same flight and cabin when you redeem Avios for a British Airways reward flight. Taxes, fees and carrier charges apply per person.

            Doesn’t say you also need to pay the annual fee for following years

        • The real John says:

          Do the T&Cs say you can keep the voucher if you move to the free BA card?

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