Esporta 24 month gym membership

sugerbear

I joined the local esporta gym last July and was persuded to take a 24 month contract.

I noticed that a recent OFT ruling found that gym membership for anything longer than 12 months was deemed an unfair contract (this was in the OFT case brought against Ashbourne, not against esporta).

Fast forward to now and I find that I am paying £55 for a gym that is always busy when I want to use it and I am using it less and less (and only for the swimming pool really which agian is busy during the times I want to use it).

Do I have a right to cancel the membership given the above OFT case ? I notice that esporta also want 3 months notice of termination which I also believe is unfair.

I also never got the introductory meeting with the instructors to use the gym (I have used other gyms so that wasn't a big deal, but it was promised when i joined).

What do I need to do to terminate the agreement and avoid another £500 in charges ?

brettcta

i think you'll struggle to get out of the contract without paying up.

the 3 month cancellation notice period may be unfair, but when you put pen to paper, you agreed to that and you agreed to pay them £55/month (which is a crazy amount in my opinion, especially on a 24 month contract (my gym is £12/month with no contract)).

do you have a link to the oft ruling?

whatever you do, don't just think you can stop the direct debit and that'll be that. you'll soon have debt collectors on your back and it'll work out much dearer than £500.

i think you may have to suck it up and keep paying and going. they might let you transfer the name to someone else if you can find someone who wants an extortionate gym membership.

also, the fact you've not had your introductory meeting with the instructors is neither here nor there and is certainly not grounds for cancelling a contract.

Art_2

You may have a way out. Virgin Active has just taken over Esporta. They are converting Esporta memberships into VA ones. The VA deal is a 12 month one and you can pay monthly. Ask your club for details. I converted my Esporta membership last week and saved £5 a month on my payment.
Regards,
Art.

brettcta

but if the op's branch is still esporta, she might not be able to convert her membership.

also, how is it a way out? all you've said there suggests that the op might be able to save herself a fiver a month, not get out of her contract altogether

arcon5

Op, mention this to the gyms head office and see what they offer - any gym with any sense would compromise, even if it is just reduced membership, a downgrade in package, termination after the 3 month notice period for example. You are right in that 24 month contracts have been deemed unfair in a recent case - however this isn't a 'get out of jail free' card, nor does it mean they cannot win a court case against you. Also, it won't stop them sending the debt to a collection agency who will chase you for months before getting solicitors involved, following by court proceedings -- and inevitably further costs.


The fact you never got your introductory meeting is irrelevant since I imagine you have never complained about this and therefore given them the opportunity to make this right.


Seems you got completely suckered in though at £55/month :O.
At that price I would expect to have an assistant to wip the sweat from my forehead or have diamonds encursted in the side of the pool or somthing.

arcon5

brettcta wrote: »

i think you'll struggle to get out of the contract without paying up.

the 3 month cancellation notice period may be unfair, but when you put pen to paper, you agreed to that and you agreed to pay them £55/month (which is a crazy amount in my opinion, especially on a 24 month contract (my gym is £12/month with no contract)).

do you have a link to the oft ruling?

whatever you do, don't just think you can stop the direct debit and that'll be that. you'll soon have debt collectors on your back and it'll work out much dearer than £500.

i think you may have to suck it up and keep paying and going. they might let you transfer the name to someone else if you can find someone who wants an extortionate gym membership.

also, the fact you've not had your introductory meeting with the instructors is neither here nor there and is certainly not grounds for cancelling a contract.

http://www.oft.gov.uk/news-and-updates/press/2011/92-11

sugerbear

Thanks for the link, yes its that one. Just says that 24 month contracts are not fair. I still think the 3 month notice is unfair as well but I am prepared to cancel. Worst comes to the worst I will have to play my trump card and tell them I am moving (that was one of the get out clauses available when I signed the contract).

£55 is a lot, but the gym had a lot going for it (bar, sky, gym, classes, swimming pool, jazuzzi, steam room etc etc). And with a gym you get what you pay for.

As for getting a cheaper deal through virgin, my collegue who sits next to me has a virgin deal of about £40 a month and she gets to use my gym because of the takeover. I have the option of taking out a new 12 month contract with virgin but it going up to £65 ! So I politely declined the offer.

arcon5

I wouldn't consider 3 months to be unfair, borderline maybe.

It also doesn't go in your favour that you agreed to these terms. If you do decide to cancel and risk court proceedings I would advise to follow their cancellation process, keep records of this and pay the 3 month cancellation period. Otherwise if they take you to court and you win based on 24 months being unfair, but a judge decides the 3 months notice is fair then they may well still be awarded costs incurred during the collection and court stage -- which would likely exceed the remainder of the 2 year contract.

Nontheless your playing with fire if you ask me.

If you tell them you are moving they will ask you for evidence -- suchas utility bill, bank statement for the new address. Also check the details of this clause incase it states if your move means you are more than x miles away from ANY of their gyms as opposed to the one you signed up for.

Last but not least... don't be so hasty in putting pen to paper in future.

And good luck, sounds like you may well have a bumpy ride ahead. We all await your posts title 'HELP.....THERES A DEBT COLLECTOR KNOCKING ON MY DOOR'

sugerbear

arcon5 wrote: »

I wouldn't consider 3 months to be unfair, borderline maybe.

It also doesn't go in your favour that you agreed to these terms. If you do decide to cancel and risk court proceedings I would advise to follow their cancellation process, keep records of this and pay the 3 month cancellation period. Otherwise if they take you to court and you win based on 24 months being unfair, but a judge decides the 3 months notice is fair then they may well still be awarded costs incurred during the collection and court stage -- which would likely exceed the remainder of the 2 year contract.

Nontheless your playing with fire if you ask me.

If you tell them you are moving they will ask you for evidence -- suchas utility bill, bank statement for the new address. Also check the details of this clause incase it states if your move means you are more than x miles away from ANY of their gyms as opposed to the one you signed up for.

Last but not least... don't be so hasty in putting pen to paper in future.

And good luck, sounds like you may well have a bumpy ride ahead. We all await your posts title 'HELP.....THERES A DEBT COLLECTOR KNOCKING ON MY DOOR'

Nope, its probably easier for me to pay the whole amount outstanding and then take them to the small claims court to claim the money back (after I have spoken to them about and offered them the three months notice amount) citing unfair terms. I also dont live (which is my parents address about 80 miles away) in the area I work (where the gym is) so its fairly easy to prove that my circumstances have changed.

I more interested to see if anyone had any info on the terms of the contract being unfair.

arcon5

You make no mention of any significant changes of circumstances that put you at a significant disadvantage.. so you have in effect just changed your mind and now penalising them for your mistake?

People need to be more mindful when committing to things!

sugerbear

arcon5 wrote: »

You make no mention of any significant changes of circumstances that put you at a significant disadvantage.. so you have in effect just changed your mind and now penalising them for your mistake?

People need to be more mindful when committing to things!

Well I am currently renting a place near to work which finishes at the end of the month, so I will be moving back to my parents place at the end of the month.

I think that pretty much solves my problem given there is a clause that says that if I move further than 20 miles I can cancel the agreement. That was in the T&C's which both parties agreed to (just found that section in the t&c's).