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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

to be fucking pissed off with my gym

29 replies

NancyDrewHadaClue · 18/02/2011 15:54

and to let you all know never to go near them?

I joined an Esporta gym 6 mths ago. At the time I joined I made it clear that I only wanted to join for 6mths for two reasons:

i) I am leaving the country on 15 March
ii) I am having a baby in the next two weeks.

"No problem" I was assured during the face to face appointment I had to sign up.

The guy lying- bastard told me there would be no issue that all I had to do was provide one specified piece of paperwork and I could end my membership on 12 March. He assured me he had made a note of this and I saw him write down something to this effect.

At the begining of the year I sent the piece of paperwork they had requested.

They claimed it was not valid.

I prove that it is.

They then claim that the conversation I had confirming the date I wished to terminate when I joined does not constitute written notice Hmm

I ask them to check with their employee and the note he made on my file.

He no longer works for them Hmm.

I say I am not happy but ask for my written notice to run from when I provided the requested documentation.

They claim it wasn't received until 3 weeks after I sent it (letter is dated mid Jan)Hmm.

It was apparently received 4th Feb, I ask them to run the notice from Feb.

They refuse in the basis that I have to provide three full months notice.

I have complained and complained, been reasonable, jumped through all the hoops they have set out, but they couldn't give a shit.

So the upshot is I have to provide three months notice from today.

I cannot believe they can get away with being so fucking dishonest and there is nothing I can do. Bastards.

OP posts:
Acanthus · 18/02/2011 15:56

Cancel your direct debit.

IwishIwasmoreorganised · 18/02/2011 15:59

Ditto what Acanthus did.

I had similar problems leaving a gym so just cancelled the DD. Never heard a thng from them.

glitzy · 18/02/2011 15:59

Yep, just stop paying them!

Original poster
NancyDrewHadaClue · 18/02/2011 16:00

Acanthus I did that.

Funnily enough despite repeated delays in trying to get someone to actually talk to me about this issue they were very quick to email to let me know that they had noted that I had cancelled my DD and that if I didn't reinstate it I would be charged £20 for each late payment and I would be chased for arrears.

So threatening bastards as well as dishonest Angry

OP posts:
eatmyfood · 18/02/2011 16:01

Gyms are notorious for this. Cancel the DD write explaining all of the above and let them try to recover the "notice" monies from you.

HowBleddyRude · 18/02/2011 16:03

If you're leaving the country then they'll have a hell of time sending debt collectors round.

Just don't pay, they can stick it up their arses.

Acanthus · 18/02/2011 16:10

Write to them (once) explaining why you have cancelled and then insist on speaking to a manager to get the debt collection team off your back. Don't let them get one over one you!

ChocolateBrownieGuilt · 18/02/2011 16:25

i had the same issue with Esporta and their 3 month notice period. I was told one month verbally and then went to hand in notice and was told it was 3 months.

I wish I'd done the same regarding DD- not sure why I didnt. I paid for 3 months.....

FindingStuffToChuckOut · 18/02/2011 16:26

Oh I've had this - just for one months membership though, which I was adamament for good reason like you that I didn't owe them.

Cancel your DD. You will get threatening letters and phone calls from a 'debt' collection agency that pretty much all the gyms use. There's loads on the WWW about this - take a look.

Ignore the letter, don't take the calls. I took the initial couple of calls and asked them to please proceed with threatened court action as I am very keen to defend said action, and I'm looking forward to having all my costs covered by them. They didn't sue me, they just tried to threaten me to get me to pay. Stop taking the calls which will be from a different number every time. You will then get letters from a mythical 'lawyers office' - ignore them too.

Eventually they will go away and lo and behold your shit of a gym will be pestering you with 'special offers' to rejoin, come for a days trail etc soon enough.

ENormaSnob · 18/02/2011 16:28

I would cancel the dd.

beautyspot · 18/02/2011 16:32

I had the same experience with an Esporta gym except I had a year's membership (and had continued it for about 15 months). I then was leaving the area but called to let them know.
I too was told about giving them notice etc etc.
I cancelled my direct debit, wrote a very snotty letter to the manager letting him know I would never use them again and would discourage any friends from using them - AND HERE I AM DOING THAT.

I cancelled my dd and threw the 2 letters I received into the bin.

Bastards.

Original poster
NancyDrewHadaClue · 18/02/2011 16:37

I'm not worried about dealing with a debt collection agency but I know some organisations (e.g. British Gas) don't have to sue you for your credit rating to be effected.

Although I am leaving the country I don't really want my credit rating marked and don't really know how that side of things work.

I'm just so angry that they can say one thing to you and then claim it is not their problem that you have been lied to by them because it is your obligation to check the small print.

Finding I will check out WWW

Acanthus believe it or not I have apparently spoken to both the gym manager and someone at head office. They couldn't care less.

Feel an email to the CEO coming on....

OP posts:
AgentProvocateur · 18/02/2011 16:41

Ooh, interesting... I have been given a three-day pass for my local-ish Esporta, and was seriously thinking of joining.

I won't be now though!

Original poster
NancyDrewHadaClue · 18/02/2011 16:44

Finding assumed your ref to WWW was "wwyd" in predicitive text (which is what mine is!) but realise you meant the actual WWW Grin

agent that chears me. As does the fact that my sister and her family have now decided that the David Lloydd would be a better bet for them in light of this.

OP posts:
harecare · 18/02/2011 16:46

Contact someone at trading standards. You have signed out a contract so that is binding, but the words said while you signed form part of that contract.
You have no reason to lie as you knew when you signed that you were going to have a baby and move, you will be able to back this up with paperwork proving your move and pregnancy.
They have every reason to deny your claims, but cannot prove they are false.
Trading standards will tell you what to do.
Good luck.

ilovemydogandMrObama · 18/02/2011 16:48

nancy where are you going? Didn't know you were due so soon Grin

Hate Esporta, although they did respond to our notice by email quite quickly. I'd escalate the issue at head office and suggest coming to an amicable arrangement, namely that they back off. As you know, the employee who made the agreement did so in the course of employment etc and you acted reasonably, was an inducement to contract as you had been promised that the 6 months would be acceptable, otherwise you wouldn't have entered into the contract blah blah

harecare · 18/02/2011 16:48

Your contract may not actually be with Esporta, it could be with a money management company, look into that too.

doubleease · 18/02/2011 16:48

I cancelled my gym membership DD(not Esporta though) because I only went once I had a knee operation and couldn't use it.

I've had all the letters and now a debt collection agency one. My mate told me to bin it. They can't do jack shit and it's all hot air.

wannaBe · 18/02/2011 16:58

gyms are notorious for this. And david lloyd are just as bad (google them and you'll see).

But legally they're not in the wrong as the written contract is binding. It's not right but it's how it is.

ilovemydogandMrObama · 18/02/2011 17:06

Not true that it's binding if it was by misrep, which in this case it was.

tulpe · 18/02/2011 17:09

agree that David Lloyd are just as bad as Esporta (I have belonged to both).

Hope you have more luck with the CEO OP.

ThierryHenryismyBoyfriend · 18/02/2011 17:12

All gyms are the same, I had exactly the same issue with Bannatynes and told them to sue me for what they claimed was o/s.

As far as I can see they love having people on the books who don't use the gym and want to make life as difficult as possible in the event you want to cancel to the point of harassment.

FindingStuffToChuckOut · 18/02/2011 17:13

the thing is the people who sign you are are on commission and will PROMISE YOU ANYTHING to get you to sign up. It's the 'small print' that then rules. FOr the future if I you do agree anything different I will get it in writing and in duplicate AND signed by the manager on duty.

MissyKLo · 18/02/2011 17:16

I belong to an Esporta and want to leave soon as it is an overpriced shit hole so thanks for the heads up

Good luck and some good advice on here - don't pay!

trixie123 · 18/02/2011 18:11

had a similar thing with fitness first. I hand delivered my notice letter but they claimed they never got it and came after me for a bit, debt agency etc. As others have said, if you are leaving the country they really can't do naff all and although I understand the worry about credit rating (that was my concern too) it did eventually all go away but it took a few fairly narky phone calls to head office and the branch (which seem to be entirely separate entities) before they backed off.