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Esporta sueing me on cancelled membership
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kkc171
Posts: 5 Forumite
CAN ANYONE HELP PLEASE.
My ex husband left January 2006 and continued paying for the family Esporta membership covering him, my son (who is now 31), my daughter (who is now 18) and myself. I was told by my son at the beginning of the year the ex was cancelling the membership and so I no longer used the gym. It appears he eventually cancelled it at the end in May. In June my son had a telephone call telling him he had to pay his membership fees as the DD had been cancelled, he said the membership had been cancelled by his dad and he didn't owe any fees. In July I then received a threatening letter saying I owed over £200 for a months membership and if I didn't pay the matter would be passed to debt collectors. A few emails went back and forth between Esporta and myself in which I said the ex cancelled the membership and that is why the DD was cancelled and they saying only the membership for the ex was cancelled and not for the kids and myself, nothing constructive. There is no communication between the ex and myself, but I did manage to get a response email from him which said "......I thought it was to cancel the whole thing", I sent this email to Esporta and heard nothing further until this morning when I had a debt collectors letter for £466.00!!!! I immediately got on the phone to tell them I don't owe Esporta any money and I disputed it. The person refused to deal with me, make any notes on the file or pass me onto someone else because I would not give him any personal information over and above my name and address and reference on the letter, he wanted things like DOB. It looks as though the next step is debt collectors knocking on my door or Court proceedings will follow after ten days.
My ex husband left January 2006 and continued paying for the family Esporta membership covering him, my son (who is now 31), my daughter (who is now 18) and myself. I was told by my son at the beginning of the year the ex was cancelling the membership and so I no longer used the gym. It appears he eventually cancelled it at the end in May. In June my son had a telephone call telling him he had to pay his membership fees as the DD had been cancelled, he said the membership had been cancelled by his dad and he didn't owe any fees. In July I then received a threatening letter saying I owed over £200 for a months membership and if I didn't pay the matter would be passed to debt collectors. A few emails went back and forth between Esporta and myself in which I said the ex cancelled the membership and that is why the DD was cancelled and they saying only the membership for the ex was cancelled and not for the kids and myself, nothing constructive. There is no communication between the ex and myself, but I did manage to get a response email from him which said "......I thought it was to cancel the whole thing", I sent this email to Esporta and heard nothing further until this morning when I had a debt collectors letter for £466.00!!!! I immediately got on the phone to tell them I don't owe Esporta any money and I disputed it. The person refused to deal with me, make any notes on the file or pass me onto someone else because I would not give him any personal information over and above my name and address and reference on the letter, he wanted things like DOB. It looks as though the next step is debt collectors knocking on my door or Court proceedings will follow after ten days.
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Comments
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If the membership is in your ex's name and he was paying it's not your liability. So just give them his details.0
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Was the membership solely in his name, or did you both sign it with joint liability? If it's the former, then you shouldn't have anything to worry about, if it's the latter then you'll have to look up the specific terms relating to cancellation in the contract (does it mention each person having to cancel their membership separately?)0
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It seems your ex arranged the membership for you all but you each paid separately. Correct?
Did you each sign for the membership originally? If you did then you will likely be liable*. If you didn't and only your ex signed then it's his liability.
As suggested, check Esporta's cancellation conditions.
* - but by all means you can put it to Esporta that the membership has been unused since the last renewal so would they consider a partial refund. However, since it's already got to the debt collector stage it's probably too late for that (unfortunately).0 -
Whose bank account did the DD come from? If it was your ex then you should ignore any chases. If it was on your account then you have to deal with it.0
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I agree. There is a distinction between membership and the contract for membership. A, B and C could be members, but the contract for membership could be taken out by C. If C ceases to pay, the only claim is against C, there is no claim against A and B.Was the membership solely in his name, or did you both sign it with joint liability? If it's the former, then you shouldn't have anything to worry about, if it's the latter then you'll have to look up the specific terms relating to cancellation in the contract (does it mention each person having to cancel their membership separately?)
It all depends upon who signed the contract fro membership.Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam0 -
http://www.debt-trust.co.uk/index.html this site got me out of the contract, otherwise there are many no win-no fee sites that will be willing to help0
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