Esporta Bracknells Extra Months Payment?

[Posiden]

Hi Folks,

 

I appear to have a similar problem to a few people on here with the Esporta Gym. I wrote to them on 3rd Dec 07 cancelling my membership of 4 years due to the sorry state of the club and equipment. My original contract was only 12 months so this didnt appear to be a problem.

Esporta wrote back acknowledging receipt and my last membership day would be 2nd Feb 08?. I didnt use the facilities at all after the letter and cancelled my DD.

 

I then receive letters stating they continued to try and take the next months payment which was declined and added charges, stating my membership would be cancelled if I failed to make payments (clearly a computer generated letter, which I assumed was admin error and ignored)

 

They have now passed the £86 'debt' plus charges to ARC Europe, who wrote to me for the money, and since (so far) left me one voice message at home.

 

I dont intend to pay for this extra month and have emailed the club asking for an explanation and copy of my contract. Surely if I gave them ample notification in Dec my last days membership should have been 3rd Jan 08.

 

I cannot see ARC taking me to county court for only £126...if they do I will challenge them over the conditions of the club. Anyone have any advice as a few people have had dealings with this company

 

cheers

 

Posiden

[RFC1872]

This will be where Esporta turn a 12 month contract into a 15 month contract by saying your agreement requires you give them three months notice even at the end of the twelth month. Surely this cant be legal?

[Posiden]

Ive had the Trevor Munn letter now, be interesting to see if they raise a summons!

First letter from Esporta added £15 unpaid DD fee

Second letter added £25?

 

Eh?

[george64]

Hi all,

 

I am in the same situation as many other people re Esporta and the 3 months notice farce. I could really do with some advice on how to proceed as this moment as this morning I received a letter from Trevor Munn demanding payment and notifying me that documents were being prepared for recovery of the debt in court.

My problem started when I notified Esporta (Dec '07) that I would not be renewing my membership after my commitment period (jan 08) and had cancelled my direct debit arrangment with my bank accordingly.

I have had numerous correspondence from them - initially computer generated, quoting the 3 months notice clause in their terms and conditions, and from ARC acting on behalf of Esporta. All to which I replied arguing that the debt was disputed because automatic renewal of the contract was never explained to me by the sales team when I signed the contract, neither was a three month notice period to prevent this happening. The contract was sold to me as a fixed-term 12 month agreement regulated by the Consumer Credit Act 1974.

This matter is starting to get to me now. Initially I was adamant that I wood stick to my guns and not pay, but I am a single parent on a very low income and cannot afford to go to court and pay an ever increasing.

Has anyone been taken to court or is this just a threat?

[Posiden]

My solicitor rang Esporta at Bracknell and began asking for disclosure documents ie my signed contract etc, when they couldnt find it offered to stop Trevor Munn for an admin cost of £26 - which I paid and that was the end of it!

[george64]

Esporta at Plymouth sent me a copy of my signed credit agreement as proof of the debt. To me this acts as proof that I have fulfilled this agreement. It states the Term of the Agreement as 12 months with a commencement date. I have made a payment on the first day of each month for 12 months so have not broken this agreement.

They also sent me copy of my membership application with the following highlighted on the back:

"Except where you pay your membership fee for your Commitment Period in advance your Club membership continues in place subject to 3 complete calendar months".

[RFC1872]

Esporta at Plymouth sent me a copy of my signed credit agreement as proof of the debt. To me this acts as proof that I have fulfilled this agreement. It states the Term of the Agreement as 12 months with a commencement date. I have made a payment on the first day of each month for 12 months so have not broken this agreement.

They also sent me copy of my membership application with the following highlighted on the back:

"Except where you pay your membership fee for your Commitment Period in advance your Club membership continues in place subject to 3 complete calendar months".

 

I think if you look at the contract it is un enforceable, if you read on this site about what is and what is not an enforcable CCA then look again at the esporta one you will find it is not enforcable. For instance of the top of my head I think they refer to the interest rate as an APR, albiet a 0 APR. Also the terms and conditions you have if like mine are listed a, b, c, etc. yet in the contract it refers to 1, 2, 3, etc. I wonder if this alone makes it un enforcable.

[george64]

I have not heard from Arc for over a month and was hopeful that the matter had been resolved. Today I received a letter for ScotCall who the debt has been passed onto. They have issued me with a letter which has in very bold red writing "DOORSTEP COLLECTION NOTICE" as a title.

 

Am I correct in thinking that this is just another scare tactic and that the matter has to go to court before anyone can come to my door for payment.

 

Would appriciate any advice.

[RFC1872]

I have not heard from Arc for over a month and was hopeful that the matter had been resolved. Today I received a letter for ScotCall who the debt has been passed onto. They have issued me with a letter which has in very bold red writing "DOORSTEP COLLECTION NOTICE" as a title.

 

Am I correct in thinking that this is just another scare tactic and that the matter has to go to court before anyone can come to my door for payment.

 

Would appriciate any advice.

 

 

If you look through the stickies in the debt collection part of the forums you will find a letter to send them which tells them basically that they must do everything in writing, also use the standard letter telling them their agreement is not a properly executed CCA and that you will be reporting them to Trading Standards for breaching the CC Act with their actions(But i think you need send them a letter with a £1 requesting a copy of the agreement first. Been a while for me also since i last heard from them - but I CCA'd with my pound and they sent me an un enforceable agreement-not heard from them since!

[george64]

Thanks for you advice. I found a copy of the letter you suggested that advises the company to only comunicate in writing and quotes OFT rules and regulations plus English Common Law, which I have used in my reply to ScotCall.

I have decided not to CCA them for the moment. Instead I have requested a copy of the deeds of assignment or any other proof that they own the alleged debt as I have not been notified by Esporta that they have placed the alleged debt with another company. I have also quoted from the following which I discovered when trawling through the forums (there were so many I can't remember exactly where I found the following information).

 

“Assignment of debts

 

Assignment is a process whereby debts are sold on to another organisation, and is common practice within the industry.

 

For an assignment of a debt to be legally effective, it is necessary to assign both the rights and the responsibilities of the creditor under the agreement.

 

Partial assignment which, in effect, assigns the right to enforce but not the associated responsibilities will be invalid and will preclude the assignee from enforcing the debt.”