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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.

  • pigeon says:

    I’m glad I don’t need to deal with Virgin Money’s customer services anymore. I cancelled ~5 days before my anniversary date (I found the approval email) and didn’t get charged the £160.

    If anyone’s having issues with the voucher appearing in your flying club account, note that when you close the account you get a statement that includes your total annual spend which could support your case.

  • Lady London says:

    Mean and nasty by Virgin Money – who are really Clydesdale Bank aren’t they?

    If tested in court I do not believe Virgin could enforce the fee for a further year if the person hadn’t used their card as from 23:59 on the day before their anniversary provided they’d also given any notice period of non-renewal required.

    This, regardless of when Virgin Money charged the fee. Even if Virgin had charged the fee late ie after the anniversary. If the cardholder had used the card after the first year even once or if they had not given any required notice – then Virgin Money could claim the fee.

    I hope this is soon tested in court.

    Meanwhile anyone taking out or renewing this card check the terms and conditions again in case Virgin strengthens their wording to enforce this or require a notice period meanwhile.

    • Doug M says:

      Agree. They charge the fee 30 days early that may be covered by ‘on or about’. But regardless if you’ve spent after that or not that they can’t possibly expect to win if you ask to cancel before your year is up, and continue to spend up to that point. When they charge the fee and your anniversary date are not one and the same, and they really can’t expect to enforce it this way. FOS explanation is flaky at best.

  • Neil Donoghue says:

    OT – Does anyone know if the Virgin 241 voucher can be used on someone else or must the card holder travel?

  • Lady London says:

    Three network have a similar sleazy practice to what you refer to @NigelthePensioner.

    They want 30 days notice to terminate a contract and no they won’t accept notice more than about a week early.

    IMV that’s close to forcing automatic renewal which any customer can refuse under the law for a few years now.

    I am very tempted to take Three network to the Ombudsman and court if necessary on this but instead I’ve just walked away and got 2 contracts elsewhere with considerably better terms.

    That and the 4%+, as well as inflation, that’s embedded in all of Three’s contracts now is a pisstake and intent to abuse customers by Three.

    • Sandgrounder says:

      I thought that charges beyond a switch date were banned a couple of years ago, either with a PAC (keep your number) or a STAC (get a new number) as long as you were out of your minimum term? Or did you just ring them up and cancel without getting a PAC/STAC to give to your new provider?

      • Lady London says:

        rang up to cancel early, mid and late term (but still well over the 30 days notice).

        I wasn’t needing to transfer to another provider. I’d worked out the contract was only worth keeping for the minimum 12 month period based on my planned usage. I would then fall back on other existing lines so didn’t need to port.

        So no need for a PAC. STAC also useful to know about. But at the time like most users even though I’d tried more than once to give notice early, I fell victim to Three’s abuse on this on one contract being extra busy on the exact 5-7 day period in the whole year when Three would accept me telling them I wanted to terminate the contract at the exact 12 month period end without being trapped into paying any extra days or weeks.

    • Anuj says:

      You don’t need to give them notice. Just get a pac code and tell the new provider to action it on the day your three contract ends.

      • Lady London says:

        see above @Anuj I typically run 2-4 mobile lines depending on work requirements and had no need to port my Three contract line. Intended always to use just for the minimum period as that was how the numbers worked out.

        If I got trapped by this on 1 out of 3 contracts despite working in the mobile phone industry for a number of years then Three’s abusive refusal to accept notice of non-renewal until pretty much the exact minimum number of days’ notice required ahead, would mean 99% of users intending to terminate at the exact q
        12-month minimum period would be trapped by Three network’s abuse evfn if they were savvy enough to try to say on day #2 of the contract, they did not want to renew automatically after the 12 month minimum contract period as Rob suggests.

    • pigeon says:

      I’ve moved to pay-as-you-go years ago. Currently £10 a month on Giffgaff, and have never had an issue with a phone company since.

  • ChasP says:

    Got my early annual charge refunded on cancellation but only because I quoted their response when asked when the charge would be made (they had said on the anniversary)

    Wonder if thats why website with its secure messaging has disappeared ?

    • pigeon says:

      I’m not sure it’s malice, rather it’s engineered incompetence. What seems more likely is that they’re cutting costs left, right, centre, and that the website team has now been fired. The agents forced to pick up the slack are poorly trained and probably think – “the system has charged it so it must be correct”. They are probably under extreme pressure to refuse any waivers.

    • Doug M says:

      Never attribute to malice that which is adequately explained by stupidity.

  • BP says:

    Have a 20k limit with Virgin+ but will need to carefully consider the value once renewal time comes along. It was too easy to hit the £20k with bendy and now may not be so easy but still entirely possible.

  • CarpalTravel says:

    Cancelled my card just in time to avoid the renewal fee, mostly by luck. They kindly turned off the website functionality and this prompted me to cancel it. It must have only been a week or two before the renewal.

    I love VA, but their software (and the app for this card in particular) in unreliable garbage.

  • JP-MCO says:

    I cancelled my VS Reward+ card in October last year after a terrible experience going through a chargeback process against another Virgin branded business (I’m sure you can guess). Even after 6 months there was no update or resolution of the process. They used to send me emails saying “we’ve tried to call you but couldn’t reach you” asking me to call them back even though they hadn’t. When I called them I had to sit through 5 minutes (that’s not an exaggeration) of pre-recorded messages about COVID and social distancing just to speak with someone who then told me they didn’t know why I had been asked to call them and there was no news on my chargeback. This happened frequently and in the end I was just fed up of them. The chargeback process was farcical with me having to compile evidence against the merchant and post it to them and even then nothing ever got sorted. I ended up dealing with the Executive Office to get it resolved. I had to issue a chargeback against the same business with AMEX later in the year and it was resolved in 10 days with the form completed online in 2 minutes. They are a terrible credit card company which, for what you pay, is simply not acceptable.

    My advice would be to steer well clear of them – they’re a joke.

    • rob(staaaar) says:

      @JP-MCO Haha, let me guess – you had a split-second missed call from ’em your mobile, then they hit you with the ‘we attempted to call you, but you didn’t respond’ b*llocks, putting the onus back on you to then traverse the call centre, press key x, hold music, and worst of all being told ‘your call is important to us…’ and ‘did you know you can do all this on our website – just head over to…’ route. Yep, they have previous on this…
      …and I’ll never forget that either!

      • JP-MCO says:

        How did you guess? In my case I didn’t even get the split second missed calls – they just sent the emails. What incensed me was the 5 minutes of messages trying to dissuade me from speaking to someone, “we would ask you to consider whether your call is essential” and “you will experience long wait times”. It was so obvious that they were trying to put people off but if you listened to all the pre-recorded messages twice, which took a whole 5 minutes, you could then reach a menu to speak with someone. The irony was that I never waited more than about 30 seconds after reaching the menu. I was so at the end of my tether with them that no amount of Virgin points would have convinced me to stay. Part of this is driven by my experiences with Virgin Atlantic during the pandemic. They took over 6 months to refund my money and even then it required email after email and phone call after phone call to get it back seeing as Virgin Money were next to useless. In the end I had to get the Executive Office at Virgin Atlantic involved and only then did things get done. I don’t know what it is about Virgin companies they don’t seem to be particularly well run and after my recent experiences I just don’t trust them. It certainly reinforced how much better things are when using AMEX. Now I just use my BA Amex, HSBC P. World Elite and Curve Metal. I’ve had my fair share of problems with Curve but being able to generate 400-500k of Avios a year using them is worth the small amount of pain.

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