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I want to share my ‘experience’ with Esporta with you as I think they (and clearly other gyms like them) are basically taking advantage of people by using aggressive and till certain extent not very innocent sales strategies.
In April 2007, I stupidly joined Esporta as they were in the same residential complex where I lived. I told them I would be moving elsewhere at the end of the year. I said it was too expensive for me and they asked me where I worked. I told them and they said they had a corporate membership (they said my company, had an agreement with them, which I found now isn’t true) and I joined and signed the 'credit agreement'. On the condition I would not incur any extra expenses or increases when I transferred the membership to a different Esporta Gym, as I was moving towards the end of the year but I did not know where yet.
I had second thoughts immediately after and tried to leave within 14 days thinking they had the 'cooling off period'. They replied saying they did not have one. I continued paying for a service I was not using and when I used it (about 5 times in 6 months) I only got mistreated by the staff (who truly act as if they were doing you a favour) and nearly injured by the bad state of their machines. Unfortunately I did not complain. Please do complain in writing and by recorded delivery when anything like this happens to you.
Now I moved and they have no gym nearby, but tried to transfer the membership to the nearest one (which is very inconvenient). I called them and they said I needed to give notice, pay an admin fee and then call the other gym where I wanted to go and rejoin them and it will be £10 extra per month. I decided I did not want that and wrote to them saying so. They asked me for proof of my new address as they would consider cancelling the membership if I paid 3 more months (reminding me at all times that ‘relocation is not enough for cancellation of membership’). They then sent me a letter saying I could go to one of their gyms that is apparently 10 mins away from where I live and that relocation does not constitute grounds for termination of membership. Obviously these people have never been to London. It takes 50 minutes each way. They have told me that according to their ‘relocation policy’ anyone living beyond 40 minutes away from their clubs can pay 9 months and the 3 months remaining to their contract will be waived (so they say). There is a catch though: They measure the distances between your new place and their gyms using the AA Routemaster and they said clearly they do not care how people get to their gyms. Basically they are saying you MUST have a car. How ridiculous.
They have contacted ARC and these people are chasing me quite a lot on an average week. They also have their solicitors Trevor Munn on the case sending me nasty letters and overinflating the ‘debt’. I have told Esporta & ARC them I would not deal with ARC and that I know what my rights and their powers are, so I will not be intimidated. They can take me to court if they want to. However, I decided to back down in the end because this is actually causing me health problems and I am very stressed out, irritable and I have recently lost someone close to me, so I will be paying them till then end of the membership.
I am very annoyed and disgusted by their behaviour and the sneakiness of their ways. I believe they are not the only 'Health clubs' behaving like this. I believe these 'credit agreements' should not be called so, as if you failed to pay the membership fee, you will be treated as if there had been an exchange of monies, and in my view this is not the case. This 'credit agreement' only reflects the promise of future services to be provided and as such should be subject to cancellation at any time by both parties, as every instalment is collected in advance, so I should be able to decide that I do not want to continue with a service I am not happy with.
I would like to warn anyone who is even thinking about joining a club under such conditions this way perhaps there would not be so many people in my situation.
This is something that I think should be taken to the attention of the authorities, as for so long clubs like this have been profiting from average people. Surely, many wealthy people do not feel £89 pcm leaving their accounts, but people like me do. I do feel violated every time these monies leave my bank account.
Have you spoken to your local Trading Standards - they may be able to help. Also I would say that you have a good claim against them for misrepresentation - since you clearly would not have taken on an agreement with such terms, and they were made fully aware that you were moving.
Alan, Derby, UK.
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I haven't no. I tried a few months ago (as I have been trying to cancel this membership for quite a long time) and they gave me a number in the Borough I was living ing (Redbridge): Absolutely useless they kept passing me on to the next desk till I got disconnected several times. So frustrating.
I did tell them they had misrepresented my employer and that I was going to make them aware of this, to which they completely ignored me.
As for the terms of the agreement, I told this to the sales guy but there is nothing in writing and only my word, so a bit hard to prove that.
I did send them a cheque yesterday for the 3 months I 'missed' and agreed to send a cheque every month till April. I just do not have the strenght to carry on with these people. It is like talking to the wall..
I wish someone started some sort of campaign to end the reign of these so called 'health clubs' and their unfair contracts, etc.
If you can show evidence that you were planning on moving when you signed up, it would then fall to them to prove that they fully explained all the terms of the agreement. Your signature to say you agreed to them does not necessarily mean you accepted all the terms - especially if they were misleading and unfair.
I will move this thread to a more prominent forum where you should get further advice.
Alan, Derby, UK.
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_________________________ _______
Sorry, but I cannot deal with your case by PM - please ask questions in your own thread. If you do not get a reply within 48 hours send a PM, with a link to the relevant thread, to any Site Team Member.
DO NOT SEND QUESTIONS ABOUT YOUR CLAIM TO ADMIN, or our WEBMASTER - YOU WILL NOT RECEIVE A REPLY.
Advice given is purely my opinion, and is not based on any legal training.
I joined Esporta in June 2010 as i was living & working in Cardiff at the time.
Due to a family emergency i had to pack my entire house and move to Frome in Somerset.
At this point i had not even used the gym once as all this stuff happened so quickly and my mind filled with other things.
I then tried to cancel this contract, but found there was a 3 month cooling off period but i had to send proof.
I then sent proof of moving to a new address and work etc.
Yet still Jan 2011 they are taking money out of my account. That is 7 Months worth of money.
£46x7 = £322 pounds. for something i never used or owned.
And they are still continuing to take my money.
To me this ******** from any way you look at it, it stealing.
Cant they make money legitimately?
Do they have to **********money from people who don't have any to make a profit?
I'm shooting a documentary on fitness clubs now as i'm in the media and this is my only weapon of justice.
If any one would like to help out with their stories, or possibly their legal expertise it would be greatly appreciated.
wezleyjoaoThis is a thread from more than 2 years ago.
Best to repost in the gym forum with a new thread.
As regards your interest with your investigations,perhaps you could contact site admin with details of your intentions.admin@consumer actiongroup.co.uk
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I strongly advice to consider other gyms and esporta being your last option.Over priced and admin staff are useless
I have only had hassel since i joined esporta Illford. On the postive side it is a nice gym but the one in illford is abit dirty compared to the rest.
Joined last year Febuary and they mistakenly set up a double direct debit. this means 62 pounds going out of my account twice. This took a long process before i sorted it out. They rush you to sign the papers and when you do they dont care anymore. never got any proper induction and all the perks promised.
Finally had to move in october so I informed the reception and she just gave me a form to fill out and said it will take 3 months even when i told her i was moving. I moved in october and after a while i contacted the gym again to know if i could get out of the contract as the closest esporta is 17miles away and i dont drive. there is a clause in the membership that doesnt permit you to cancel if there is a gym within 20miles. They also told me that i had to send proof and it will only cancel 3months from when the receive the proof of move or end 0f contract that finishes in febuary. So i was stuck. Just made my last payment. Wrote letters and called several times but got no results.
I HAVENT USED THEIR GYM SINCE SEPTEMBER YET I HAVE PAID £310 !!!
I have been with a few gyms Espota being the worst of them all!!!!! DO NOT JOIN ESPOTA