County Court

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Hello chaps,

I recently had a gym membership with Esporta which I cancelled well after the initial 12 month period that I signed up for. I cancelled and gave one month's notice which I think is fair. The contract states I need to give 3 month's notice. I think this is excessive and falls foul of the Unfair Terms in Consumer Contract Regulations (SI 1999/2083).

To support that that term is unfair reference is made to ‘Guidance on unfair terms in health and fitness club agreements’ published by the Office of Fair Trading (‘OFT’) specifically at paragraph 8.3 that states, inter alia:

‘Examples of terms with a potentially unfair notice period for cancellation:
Original term
‘You may cancel your membership at any time by giving six months’ [sic] written notice to the general manager of the club’. ‘

Now I am asking this:

If the matter goes to the County Court, will I have a chance to present my reasons as to why I don't owe them the money and to argue that the contract is not enforceable?

I know I might lose but I'm willing to take them on.

[panrider_uk]

I'm not sure why you think three months is unfair now whereas you thought it fair when you signed the contract.

Three months is a common length of notice of cancellation in the business world.

Mark
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Current bikes: Honda ST1100 Pan European. Moto Guzzi V85 TT Travel

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[iooi]

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There is a bit of history with another gym that say once you have completed your 12 months that you sign up to then to ask for three months cancellation notice is unfair and one month is enough.

The OFT says "The OFT's position was reserved in relation to: Important Points to Note, Term b) and Membership Terms and Conditions, Term 1.2 OFT has concerns that, where the member has already completed the 12 month Commitment Period, requiring him to give a further 3 month's notice if he wishes to cancel the contract is excessive."