Esporta - cancelling gym membership

jessica47

Please can somebody give me some advice on my situation.

Last month (Feb) was my last month in my 12 month contract with Esporta, my partner and I had difficulties in paying the direct debit so became over drawn and then the money was reversed back into my account.

A few days later I had a letter from Esporta explaining that the DD wasn't successful and that I needed to pay for this months membership. We then visited the club and paid our membership for the month, but a few days later I recieved another letter saying that they had tried to take the money out of the account again and was unsuccessful. The letter stated that if I was in my initial contract period I would have to pay the remainding amount before it could be terminated, and it said that if I was outside my initial contract period then I would have to give the club 3 months notice of my wish to terminate.

I have said that I've paid the remainding amount and thats that but now they are saying I have to give 3 months notice, I really want to cancel the DD as I don't have the funds.

If I signed up for a 12 month contract and was in my last month for the contract would that be classed as my initial contract period?

My bank has also charged me for going overdrawn, the first time I can accept as my own fault however the 2nd time was Esporta's fault as I had already paid, could I claim bank the 2nd charge from Esporta?

They don't answer their emails and return calls and whenever I do talk to somebody they're never there, please can somebody give me advice on what to do!!!!!!!!!!!!!!

Simon_James_2

I have read with interest the experiences people have had wih cancelling membership of Esporta.

I have served notice to cancel membership for my wife and I and gave a full calender month's notice. I have had a letter back saying three month's notice is required if I do wish to cancel.

First of all becuase I have lost the contract (stupid I know) I have phone Esporta and asked them to send me a copy of this which they have agreed to do. Second because I want to ensure if i have served an invalid break notice (i.e specifying one month rather than three month's notice) I am going to write another letter to them, which will be delivered by the end of this month to protect my position, this letter will say something along the lines of "without prejudice to my contention that a valid notice to break has previously been served to end the contract on 30 April 2009 please accept this letter as notice to terminate the contract on 30 June 2009". As with all imprtatnt notices where proviing service is key this will go be recorded/special delivery. This is simply in case I am wrong on the terms of the contract and I will then definately legally have broken in by end of June.

Once I have a copy of the contract I will be better informed but having had a look at the OFT's page on this I am minded, irrespective of what the contract says, to cancel my direct debit. I will tell Esporta I have done this and send them a copy of the OFT's page and refer them to the provisions of the Unfair Contract Terms Act 1999. If they want to take action I am happy to fight this as the sums involved are relatively small and I don't think they will bother! If they do, so be it!

Has anyone else tried this kind of approach and if so how did you get on?

I will update as to how I get on.

markelock

why are you cancelling Simon?

If it's medical or because you are moving away from the gym, you may be able to cancel anyway.

Simon_James_2

Cancelling becuase of generaly lazyness and failure to ever use the Gym. I know I can cancel, it's just a matter of how much notice I have to give and how many additional months I have to pay (so tight as well as lazy!).

markelock

get down there. use it. on principle you might as well use it.

i have family membership, and find the place very relaxed (not too stuffy or pretentious) at mine (Stoke)

you'll feel better for it.

new2civvystreet

Does anyone know if you can get out of it early by paying the remaining months left upfront? (like you can with a mobile phone contract?). I'm never going to get to use it for various reasons and I'd rather just take a bit of money out of my savings to do it and have the DD gone for good to allow me to budget more easily. (Yes it doesn't make good mse sense but I just don't care as the interest on my savings is pennies!)

new2civvystreet

Well I emailed the membership manager and requested to cancel early and pay up any remaining monthly payments up front.

The manager emailed me back telling me she'd taken my email as my permission to cancel and as my 12 months is up on 1 of November they would now effectively take 3 months notice. I paid the club the remaining £171 over the phone (Aug, Sept and Oct payments of £57) and they promised to send a me a receipt and that no more money would be taken in the form of a direct debit.

This just sounds too good to be true, does anyone else know if I need any more documentation to cover my back apart from the receipt and the emails?

Thanks

new2civvystreet

Well, so far so good, after repaying the last 3 months over the phone I have received a receipt for money paid. However as it's just a standard 'till' receipt they've sent, I've emailed to ask for something to confirm that my credit agreement has been repaid in full and that I do not owe Esporta any more money. I also thanked them very much for the great service I have received so far in sorting this out.

Will keep the thread updated. Fingers crossed this will show that as long as notice is given early enough it is possible to cancel a membership with Esporta without hassle. However, I have had to give 3 months notice it seems (I got lucky that I randomly decided to do it now, 3 months before it ends). I feel that 3 months is excessive, but it's what I signed for.

coxyhog

Has anyone used the OFT thing successfully against the 3 month notice period?
I wasn't told of the notice period when I joined(I know I should have checked) and a couple of months ago I asked at the desk when my 12 months was up and what notice period I needed to give.
I was told I needed to give 1 months notice.If I'd been told 3 months I'd have given notice there and then.
Of course it's my word against theirs on this & the membership manager is adamant I need to give 3 months.

bazzbradley

I was made redundant 3months after joining the club, I managed to get a new job straight away but it paid £8K a year less. ESPORTA's answer was it's not our problem. Wot a bunch of money grabbing b******s. Never again, there must be beter gyms out there. Avoid this gym at all costs.:mad: