Esporta Gym...3 months to cancel membership?

[simonoaks]

Just because something is in a contract, it doesn't make it legal.

 

Under the consumer credit act, you signed a 12 month agreement, not a 15 month one!

 

My update:

 

Haven't heard from ARC Europe or their solicitors, did however get a letter from a company saying they had now been handed the debt collection and would be sending someone round my house to negotiate.

 

I found this very amusing so sent them a letter explaining that I do not agree to anyone from their company coming to my house and that if they now did, they would be tresspassing and I would call the police. I also explained that as I have warned them, I will take legal action against them if they approach my house.

 

Haven'e heard from them since I sent this warning to them 4 weeks ago.

[wubbles1]

Hi,

Thier relocation policy only shortens the contract to 9 months generally. I rang quite a few branches, and they all gave different answers however!

It really is at the discretion of the manager / asst manager who can cancel it with authorisation from the ROM.

The contract is quite watertight, however the unavailable facilities is the most flexible.. I dont know about your branch, but mine has had "The greater part of a facility" out of use for over 20 days!

 

-----

James

Cancel My Contract :: Index

[Don4071]

subscribing.....

[gloomy]

i know what you are talking about......i tried cancelling my memebership many times on phone but was told i needed to complete 1 year ...which i did...then i sent them an email saying please cancel my membership and guess what ...they didn t reply back and 3 months later debt collection called up and threatened legal action.....

my advise....if you can help it don t ever join any health club..esp something like esporta and if you do make sure every time you contact them you save a copy and recieve a reference number....

[Posiden]

bump

 

that info about CCJ information being removed if the debt is paid within 1 month can be found here on page 2

 

http://www.adviceguide.org.uk/d_how_county_court_judgments_affect_your_credit_rating.pdf

[mike_oxlong]

Hello everyone, I have a similar problem with next generation.

My girlfriend discovered she was pregnant 2 weeks after signing up. I decided to honour the 12 month agreement and paid both our memberships even though she was unable to use the facilities. After 11 months I sent a letter cancelling my membership. Heard nothing, cancelled direct debit. Just had a phone call 6 months later from debt collectors saying I owe £400 for both our 3 month cancelation charge!! I told them I was misled and look forward to going to court. Not heard back yet. Any advice?? Thanks

[simonoaks]

Apart from the circumstances of your reason to quit, I am going through the same thing; I have had letter from debt collecting company and told them to stop bothering me, they called a few times, until I told them it was harrassment and I am not paying and want to go to court. Explained to them they are in breech of regulations and I would report them if they ever called me again.

 

Then had letter from solictor telling me they were going to take me to court, they tried to sound really harsh and use bully tactics. But what made me laugh was that they said if it went to court I could incur costs of up to £70 pounds. This was great as it gave me even more resolve as the benefit of going to court far outwayed the cost.

 

Then I got a second letter saying they were going to take me to court AND I would get a CCJ against me and my whole life would be ruined lol

 

I checked it out and actually, if you lose in court you have 1 month to pay before a CCJ was made, so I was again happy to go to court. I contacted them and explained to them that I WANT to go to court, I want the opportunity to challenge them on both legal and moral grounds.

 

A couple of months later I got a letter from a different company saying the case had been handed to them as they were a "doorstep" collection service and I could expect someone to come round my house to "negotiate" some sort of payment. I was now concerned that I was no longer going to be taken to court, which is a shame as I have 18 pages of defence and was genuinely looking forward to presenting my case.

 

Anyway wrote to this "collection" company and explained told them they do not have my permission to come onto my property, and as they have now been forwarned it would be tresspassing and that the moment they do I will call the police, have them arrested, and sue them.

 

That was about 2 months ago and I have not heard anything from anyone. I still live in hope that a County Court summons suddenly lands on the door mat but looking unlikely now.

 

If I have any advice for anyone it would be to tell anyone and everyone who contacts you regarding your "debt", "I want to go to court, please start proceedings, and do not contact me again unless it is to arrange a court date". They will always act incredulous that you have the audacity to not pay, however if you just tell them " I cannot lose and I am prepared to prove it in court". They will lose interest. Of course, it was maybe easier for me as I wasn't bluffing and really did want to go to court, but still an effective way of them dropping their case.

 

Hope this helps.

[monkey0101]

Nice to hear others have problems too....

 

I went into an esporta in london and said that I will only join if I can cancel in March 2008 as we are moving house and our lease is ending then.

This was in july 2007...

They told me this would not be a problem. I decided to have my girlfriend join as well and I then paid 185 a month.

In january I reminded them that I am leaving in March and they told me "no" amd that my contract is for 12 months.

 

I cancelled my direct debit in March and now they are threatening me unless I pay until May. Thats 555 plus fees...

 

They are dreaming.

 

One of the people that promised that we could cancel and leave in March still works there and they told me today that unless head office agrees it does not matter what he said.

I did sign a contract that states 12 months and therefore I have to pay for 12 months even though they did agree that I would be able to leave in March....

 

Now, should I be stubborn or should I pay? I have moved to another area of London where there is no Esporta but they told me it has to be at least 20 miles away.

 

What do you guys think?

[GuidoT]

I had a similar problem with D Lloyd, they commenced proceedings aginst me and I used this defence that maybe useful to others:

 

'1. The Claimant in its Particulars of Claim has not particularised its allegations. In the Particulars reference is made to fees contractually agreed, however the claimant has not pleaded the clause that it intends to rely on or indeed the contract. Further the Claimant has failed to detail how the £351.00 as claimed is arrived at.

 

2. Prior to the commencement of this action the Defendant repeatedly requested the details of 1 above and the Claimant failed to provide the same. Appended to this Defence are the Defendant’s letter dated 22 and 26 July and 08 September 2004 that request these particulars.

 

3. Notwithstanding that the Claimant has failed to adequately state its case, in the interests of cost proportionately and moving this litigation forward, the Defendant believes that the claim has been made pursuant to a ‘Membership agreement’ dated 20 March 2002 specifically clause 8d. A copy of that agreement is appended herewith.

 

4. Clause 8d of the agreement states ‘You may cancel your membership at any time by giving us six months’ [sic] written notice to the general manager of the club’. Providing this is the Claimant’s case, it is the Defendant’s case that that clause falls foul of the Unfair Terms in Consumer Contract Regulations (SI 1999/2083).

 

5. The term is a penalty as it requires payment of a sum by the Defendant that is more than a reasonable pre-estimate of the loss caused to the Claimant. It is submitted that such a term should be void as it is a penalty.

 

6. To support that that term is unfair reference is made to ‘Guidance on unfair terms in health and fitness club agreements’ published by the Office of Fair Trading (‘OFT’) specifically at paragraph 8.3 that states, inter alia:

‘Examples of terms with a potentially unfair notice period for cancellation:

Original term

‘You may cancel your membership at any time by giving six months’ [sic] written notice to the general manager of the club’. ‘

 

7. Although the said OFT guidance does not state where the said term has been derived from, it is now patently clear from paragraph 4 above that OFT are in fact referring to the Claimant’s contract. Extracts from the OFT guidance are appended to this Defence.

 

8. In furtherance of its case the Defendant submits that the Claimant itself has acceded that such a term requiring six months notice is unfair, as it has now reduced the period in its current terms and conditions to three months.

 

9. Therefore the Defendant was entitled to terminate the membership for himself and his partner with immediate effect.

 

10. In the premises the Claimant is not entitled to £351 or any other such sum or interest.

 

11. The Claimant claims costs that are not within the jurisdiction of this court. Further the Claimant actions as paragraph 1 above have made no attempt to mitigate its costs.'

 

In the end they went away for one months fee of £117.00, which is all they were entitled to, I was a member for 3 years.

[monkey0101]

Delete me

[esporta victim]

Can anyone help me. I joined Esporta start of this year, but need to cancel my membership within 3 months due to a family death and the fact I had to move 70 miles away, 60 miles was the closest Esporta gym!

I sent letters returned my cards, I was ignored, I called and was promised call backs never got them! In the end I cancelled mt direct debit so they set a debt collector on to me who was really rude, Trevor Munn c.o arc Europe, I spoke with a Ryan Lister who was so rude, I explained the situration his response was , ' so what I have buired someone recently a contracts a contract!'

I contacted Watchdog on the matter, but I am having to pay the debt because they will not freeze the court proceedings whilst I challenge the matter! They want to continue...!

 

So now I am paying a years membership, I cant use the gym and I have had so many frenting letters and unprofessional conversations with Arc Europe/Trevor Munn...

 

Anyone that can help! Please help! THEY SEEM MORE THAN HAPPY TO TAKE ADVANTAGE OF A FAMILY DEATH TO MAKE MONEY

[kstar]

My case is slightly different again, but in the end, Esports have sent me a letter saying pay or contact us within 10 days, or your details will be sent to a debt company. My question is how long does this take, I have 10 days till they hand it over, then how long will it take for the debt company to contact me? and how long will they harrass me before it has to go to court? i leave the country in 2 months for good, and will proberly not pay or contact them. I just dont want to be travelling and somehow they take my money. I have stopped my dd, im just worried something will happen.

[Jas0nP]

Hey all,

 

I'm in the exact same situation as you kstar. I'm going to cancel now then stop the direct debt after 1 months notice but i'm also leaving the country in 2 months so i don't want to risk being sent court summons while away then missing court dates. I guess it'll never come to that but we shall see.

 

I'll keep everyone updated.

 

It's also awesome that this thread is the top match for 'canceling esporta gym'.

[bornwina]

How glad I am that I read all three pages here ... good stuff!!

 

I had heard through various people that it was difficult getting out of an Esporta contract. I have completed my 12 month commitment period even though due to a change in circumstances have not been able to use the gym since last October. Because of the commitment period of 12 months I carried on paying the fees even though financially it's crippled me.

Thinking the cancellation notice was one month, I was just about to write my cancellation letter to Esporta and got out my contract so that I could quote the Period of Notice as stated in their Terms and Conditions and was shocked to read that it is 3 months!!

 

I have Creditors coming at me from all sides and cannot afford to give 3 months notice. I need the monthly subscription fee to Esporta as my Creditors do not see that as an essential expenditure ... gym membership is after all a luxury.

 

Thanks to everyone who has given their personal accounts and suggestions I will give them one months notice using the OFT recommendations.

At the end of the day it doesn't matter a jot to me if they take legal proceedings they can't have what I haven't got and any court in the land will see that.

 

What's one more CCJ gonna do to me eh?

[eylau]

happened to me as well

[Sam_9999]

Did you have any more luck on this one? I am in the same situation re ARC coming in to enforce 3 month notice but from the forums cannot see anyone who has successfuly used the OFT and breach of contract method to resolve the issue. Any advice would be much appreciated......

[rbosworth]

Hello,

 

I am looking for some advise regardin the Esporta cancellation period. I have been an Esporta member for more than 1 year and I am now out-of-contract and on a rolling month-by-month payment basis, I'd like to cancel but have been told that I must give 3 months writen notice.

 

Bearing-in-mind that I am out-of-contract and I have not signed or agreed to a new one, can Esporta really enforce a 3 month cancellation period?

 

Thanks,

Russell

[Rob S]

A requirement to give 3 months notice to cancel is an unfair term. Mobile phone companies were forced to change this very same term in the 1990's when they used to have a 3 month cancellation period. I would write in and state you are giving them one months notice of cancellation of your membership. Make sure you cancel the direct debit. If they give you hassle then advise them you are complaining about their contract terms to the Office of Fair Trading.

[esporta-victim]

I thought I'd post the link to the Office of Fair Trading ruling regarding Esporta - The Office of Fair Trading: Esporta Health & Fitness Club

 

It seems that Esporta and ARC follow a set pattern to get results (try and scare you into paying). Personally I was prepared to go to court on principle until I read up on the situation and have heard what others have done.

 

I would be interested in hearing everyone's stories and if anyone has actually been taken to court over them.

 

 

Everyone should enjoy this story

Credit crunch leaves Esporta sale in chaos | Spectator Business

 

or

 

Credit crunch leaves Esporta sale in chaos | Spectator Business

Edited August 26, 2008 by MARTIN3030
see below

[MARTIN3030]

Es victim - as you will appreciate, that this is another users thread.This is a forum which relies on input and discussion from users actively discussing things openly..Asking users to send emails or pms in the course of discussions here is not a help to those who are here to find it,and neither does it serve to assist to broaden knowledge and experiences that will benefit users.

For these reasons please observe site rules and guidance.

There is no reasons why those with information that will benefit those interested,cannot be openly posted and discussed here.

Edited August 26, 2008 by MARTIN3030

[Zane81]

I gave a months notice to leave Esporta in August when moving, we'd been told that if moving then a months notice was all that was needed (when we signed up) I have since been chased by Esporta several times for more money, they are saying we need to pay up to the end of November.

 

I have spoken to the DTI they say that we can protest that the verbal contract made with the sales person has been broken, this will make the original contract void. But Esporta have just told me that they now plan to action ARC to chase for the money, which will be 4 months (4 X £108 ).

 

I have also found that the OFT have investigated the Esporta contract and do render the 3 months notice period as unfair.

 

Is anybody else going through a similar process with Esporta at the moment.

 

Also will ARC make any additional charges when they start chasing the debt? The DTI have advised that we pay under protest and then claim the money back.

 

Any thoughts are appreciated!

[jonybravo]

bump

Edited October 31, 2008 by jonybravo

[jonybravo]

bump

Edited October 20, 2008 by jonybravo

[lambanana]

jonybravo, this the salford quays club by any chance??

[lambanana]

Bill Rammell MP today (15/09/080 reported Esporta Gym Ltd to the Chief Financial Ombudsman following continued failure by the gym to address the local MP’s concerns in relation to constituent complaints regarding their membership.

 

Mr Rammell reported in May this year that Esporta were using ‘bullying tactics’ to respond to members concerns about the way they were signed up for membership. At the time Mr Rammell reported success that his intervention had directly led to nine membership cancellations, however the gym has since stopped responding to the MP’s requests that the company cancels the membership where there is a good reason to do so.

 

This follows over two years of campaigning from the Harlow MP on behalf of over 20 constituents who have complained of unfair tactics from the Harlow health club including aggressive marketing techniques, the unrealistic contract cancellation notice period of three months, and their cancellation notifications being ignored and inevitable financial penalties.

 

Mr Rammell said: “I have received more complaints about Esporta over a sustained period than I have ever received about any other company operating in Harlow.

Clearly the company did not feel that they needed to continue to investigate my constituents’ concerns and cancel memberships where there is a justifiable reason for doing so.

 

I therefore felt that the company needed to be referred to the Chief Financial Ombudsman who has the responsibility for investigating companies who are engaged in unfair financial practice.”