ESPORTA Gym Membership

sabelu · 22 November 2007 at 7:23PM

Hi, A problem for anyone who can help. My 18yr old daughter took out gym membership about fou months ago it was unwise as her first ft job was fixed term. Anyhow thejob folded and she is now unemployed. She has no assets as she lives at home and everything apart from a few clothes make up etc has been supplied in the home. She was proactive from the outset with Esporta and went in to explain, they were hostile saying she would be pursued for the amount + any monthly admin fees. She then wrote formally explaining the situation saying she was unemployed and had no assets to pay her debt they phoned and said ultimately bailiffs would be sent in and tried scare tactics and later that week she received a letter informing her of their comments in writing. She then wrote again and also called their HO CS dept, who were a little more sympathetic however today she has received another letter confirming they will being charging a further £25 admin and the matter will be escalated to a debt collection agency within 10 days.
What can she do now, they appear not to listen or acknowledge her letters what can the law do to an 18yr old with no assets? What happens if she served with writ? What if bailiffs come knocking on my door will they respect my property?

brazilianwax · 22 November 2007 at 7:27PM

Why on earth did she sign up for 12 month membership if she only had a temporary job??

The only way you can cancel Esporta membership is if you move away and there isn't an Esporta within 10 miles (or something).

They do a monthly membership - she should have signed up for that.

I don't see that there's anything she can do other than get another job ASAP and pay Esporta!

mummytofour · 22 November 2007 at 8:03PM

I had the same I did not realise I was signing up for 12 months at the time and when I tried to leave they were rude aggressive, kept calling me and in the end I felt so bullied I ended up having to pay them off despite being unable to afford the payments and even tho I was not using the gym. I paid them with pre-dated cheques which they took months to cash and I ended up going over drawn when they finally cashed them, all at one and several months late.

sabelu · 23 November 2007 at 9:20AM

brazilianwax wrote: »

Why on earth did she sign up for 12 month membership if she only had a temporary job??

The only way you can cancel Esporta membership is if you move away and there isn't an Esporta within 10 miles (or something).

They do a monthly membership - she should have signed up for that.

I don't see that there's anything she can do other than get another job ASAP and pay Esporta!

Look your dead right she should'nt have signed up but 18 first job, you know it all. Anyway she does live 31 miles away however the membership was taken out due to here workplace being next door. Now its not economically viable to travel in even if she could afford it.

mummytofour · 27 November 2007 at 12:18AM

Has she told them she has moved? that might be a reason they will let her out of the contract.

duchy · 27 November 2007 at 10:26AM

She hasn't moved technically-just her job -although it MAY be worth trying that approach as a last ditch approach.
Honestly though she's learned a hard lesson-never sign anything unless you know exactly what it is for and be sure you can commit to it. It's a tough lesson but one best learnt early. You only have to look at some of the sigs on the DFW board to see plenty of people who learned the same lesson much more expensively. I'm sorry I know you were hoping for a solution but I really don't think there is one.
I hope she finds a new job soon and things go better for her.

sabelu · 20 December 2007 at 11:42AM

Poacher turned Game Keeper please reply to your PM

You could be a help.

MercilessKiller · 20 December 2007 at 12:18PM

I've had big problems with Esporta too I know the feeling...

Has she got nice neighbours? Tell Esporta she's moved next door in a formal letter... if the neighbours get anything they can help comply...

What I did was said i finished Uni and moved back with my parents which was more than 10 miles away. They accepted that without arguing so it was fine.

hkoppel · 11 January 2008 at 9:34PM

Our office moved recently and since there was no Esporta near the new place I had to cancel the contract. Now they want me to pay until the remainder of the contract. However, when signing up, I was assured by sales rep that when I have to move, canceling the contract wouldn't be a problem.

I've decided to strike preemptively and sue them for the full amount paid to them already (sans the days I've spent in the gym and documented and reasonable costs incurred). They have clearly mis-sold the contract and never planned to keep their promises.

I believe that this kind of calculated behaviour is also only case where punitive damages can be awarded under UK law (Rookes vs. Barnard - Where the defendant's conduct was 'calculated' to make a profit for himself)?

Is it possible to ask small claims court to award punitive damages as well?

Any suggestions?

hkoppel · 11 January 2008 at 10:02PM

I need a breakdown of complaints filed against Esporta in TSI. Any suggestions how to get these? I've mailed them already, but it will take time when letters actually make the roundtrip:D Might be I am asking from the wrong place or there is information available online...

hkoppel · 11 January 2008 at 10:02PM

Should I also look for other sources than TSI?

ESPORTA Gym Membership

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