Esporta cont....

MercilessKiller

Sorry for another thread but the topic is slightly changing and I need advice.

For those who followed the other ones you'll be aware I was told that the contract was cancelled. 2 witnesses heard this and it was recorded (though cant be made otu clearly i dont think).

I wrote a letter to head office saying all correspondants should go to my new address as trading standards advised.

I got a phone call today demanding £200 of membership costs to make up the 6 months (which officially ends July 14th).

The thing is, my original request to cancel after 6 months was rejected about 5 times while i was being told im a liar (in written form). I now have a clear recording of the salesperson telling me he offered me 6 months.

When I went in to demand the contract to be cancelled, I was speficially told it was cancelled from now. There were no mention of "from 6 months" or "july 14th". Thats why I cancelled the direct debit.

So What do I do now? Once again I've received no letter, only a demanding phone call. Can they effect my credit record ? (and if so what would that mean).....

Help

Butlers1982

I dont understand what your saying

MercilessKiller

1) If I don't pay what would happen?
2) If my credit record was affected, realistically what would that mean?
3) Are they allowed to ring me and demand money etc...

Butlers1982

1) you will default on the agreement.
2) If it is a credit agreement and its marks your credit file as a default, this will stay on there for 6 years. That will mean a lot of places on the high street wont "touch you" and you will be an adverse borrower and pay higher rates on loans/mortages.
3) Yes because according to their records, you do owe them money.

Also note that the conversations you have recorded, did you ask for the persons permission to record it? If not it is against their human rights and it wont stand up in a court of law.

The 5 times you rejected to cancel, why? what were their reasons

MercilessKiller

They rejected my cancel with letters saying things like "You haven't done 12 months", "We dont do less than 12 month contracts so you mis-understood us" and "you haven't given 3 months notice", oh and also "your new address is near another esporta" etc...

I however now have a witness to prove that I was indeed told "You can cancel for whatever reason after 6 months". And the recording which no I didnt get premission, but I did do it in a very public place.

According to my records I was told I dont owe them money (when Paul told me the contract had been cancelled!)

Thanks

Butlers1982

When you signed the agreement what does it say there about cancelling your contract?
Forget what has been "said" they will always deny that, if you have signed you agree to their T&C'S

Thanks

MercilessKiller

Of course they'd deny it. That's why I went in with a witness and a recording (whcih trading standards advised) whereby the salesperson admitted he "said" the things he did.

On contract its 3 months notice, 12 months min contract. I was told, 6 months min contract, 3 months notice (which i gave after 3 months so thats its cancelled after the 6).

During this massive confrontation with managers, sales people, and membership services I wasn't even able to go and use the gym out of sheer *thinks of word*, embarrasmnet of seeing them maybe? I dont know. Either way if they let me cancel after 6 months I would have done that fine, but because of the massive situation that it became I'm not happy now and just want it ended!

As I said I don't even use them anymore.

Butlers1982

On contract its 3 months notice, 12 months min contract

And you signed that so thats what it is.

MercilessKiller

But its not and they've admitted that now

Its againts the law to lie to get someone to sign the contract. I'd win in court hands down on the count of whether I should be allowed to cancel after 6 months. This is from trading standards!!!!!!!!

The problem is I was told it was cancelled with immediate effect 2 weeks ago so cancelled DD and cut up card. Now they ring me trying to say maybe not..

Butlers1982

I'd win in court hands down on the count of whether I should be allowed to cancel after 6 months. This is from trading standards!!!!!!!!

So whats the issue? You "know" youd win so take them to court.

MercilessKiller

Heh think you've mis understood.

I'd win the fact that they lied to us to get us to sign the contract. I'd win the fact that the contract can be cancelled after 6 months. so now they're saying they want me to pay for up to the 14th July for those 6 months.

Now i would have been happy at this result except when I was told in store with witness that they cancelled/terminated the contract immediately so it was all sorted. I now moved house with a clear consciounce.

They have now rung me demanding the money for the 6 months though I was told the contract was cancelled. I won't mind paying if I legally have to and have no case, but I just want to know if they are genuinally breaking laws here by lieing so much and basically harrasing me with phone calls, letters, and lies! (which can all be proven)

If I have to pay I have to pay. I'd rather not as £200 is a lot of money to just give away. But I dont think I should as I was told in clear english "its cancelled now".