I searched the internet looking for advice or information about Ashbourne Management's history with customers, and was relieved to find so many people have had the same problematic experience as myself.

Early summer in 2010, I received a phone call to my place of work offering me an exclusive gym membership at a price of £12 a month. Me and my partner had both just finished uni and were keen to 'get fit' after three years of poor lifestyle habits. We went to the Compass Health and Fitness Centre based in Scarborough to meet with a gym instructor and find out more information. He explained that the deal was for a limited time only, and there were only a few spaces left, immediately making us feel slightly pressured to join. We explained we were looking to join the gym, but not as a permanent measure as we had plans to go travelling at some point within the following 12 months, and didn't know when we would be back. The instructor explicitly told us that it would be fine, as we were able to cancel our membership at any time. At no point did he inform us that we were signing up for a permanent contract... which was in fact a three year contract!!

Now this strikes me as slightly ridiculous anyway as I don't know anybody who would willingly want to agree to pay for three years of gym membership, and before this I had never known of a gym 'contract' that could not be cancelled.

Shortly after signing up to what I thought was an ordinary gym membership, I took on a second job, and spent the summer working 60-70 hour weeks, my only day off being Sunday. I was exhausted, and had literally no time to use the gym. I felt it was pointless paying the membership, and seeing as though I was under the false belief that I could cancel at any point, I rang the gym and asked to cancel. They told me it was fine, and that I was simply to stop my direct debit. Of course, a few weeks went by and I received my first batch of threatening letters from Ashbourne Management ( I got two at once after a postal delay due to the weather) stating I owed them for two months, and now had administration costs to pay. I rung the gym up once again, who explained I had actually taken out a three year contract, and I should contact Ashbourne Management. Which I did. And was immediately told there was no way of cancelling my 'contract' unless I had a valid doctor's letter, or if I transferred the contract to a friend (I wouldn't recommend that to anyone). I politely explained that we were told we were able to terminate the membership at any point, which was the primary reason we joined in the first place, to which I was basically called a liar.

I think it's really sneaky and unfair that the gym instructor acting on behalf of Ashbourne encouraged us to take out this dodgy contract when he knew full well we were leaving the country, and were under the impression we could stop it at any time. After speaking to Trading Standards, I was reassured that a verbal contract is just as strong as a written one, and that we should have every right to cancel the membership.

However, from what I have read online in various forums like this one, ending the membership is by no means easy, and AM will eventually threaten me with negative points on my credit rating. I have written a formal letter to AM as advised by Trading Standards, and will be sending it by recorded delivery this afternoon. I am eager to see what the initial outcome is. I have already read of someone who took the company to court last year and won the case, which has encouraged me to gather any evidence and information against them. I really decided to post my story on here to see what anybody has to say, or hear any advice or comments from anybody, whether you have had personal dealings with the company or not.

I think I'll need all the moral support I can get!

Hi RJ88 and welcome to CAG.

Firstly, have you checked whatever agreement or contract you signed to see if you did, in fact, sign up for 3 years.

Who was the contract with, the gym or Ashbourne Mgt.

We've seen these ridiculously long contract periods being used before and staff have reassured potential members that this is standard practice and you can cancel anytime without financial obligation. Then, when you want to cancel, you find the gym or Ashbourne demand huge amounts under threat of legal action.

They are not likely to take legal action for various reasons:-

1. Ashbourne Mgt are presently under investigation by the OFT with a court case looming. The OFT say AM are actually offering credit agreements, when they are not licensed to do so.

2. Their contracts or m/ship agreements are poorly drafted and not likely to stand up to scrutiny or be enforceable in court.

3. They are used to being challenged and tend to back down when faced with determined opposition.

4. They would rather make demands of folk who just believe the threats and lies that they use.

Read about the court case here - http://www.consumeractiongroup.co.uk/forum/showthread.php?289465-Office-of-Fair-Trading-v-Ashbourne-Management-Services-9th.March-2011

Read other Ashbourne threads to see what action others are taking.

When you've done that, you may want to:-

Write to Ashbourne saying you are aware of the investigations into their practices and will report them to Consumer Direct/Trading Standards.

Add that you require them to acknowledge that they have no claim against you, based upon the verbal assurances given to you by the gym instructor whose name is xxxx xxxx.

Add that you also want their assurance that no adverse credit data will be reported, or you'll make a further formal complaint to the FOS.

8-)

Hi, and thanks for the reply which is quite useful.

The contract is with Ashbourne Management and not the actual gym. And I have dug out the contract which does say '36 month agreement', which as I said before is ridiculous because my partner and I made it perfectly clear that we would be leaving the country, and the gym instructor knew this. In fact, we openly had a five minute discussion with him about our travel plans, and he told us about how he had lived in Australia and told us we'd have a great time. With hindsight, he was totally conning us and tried to discourage us from reading the small print, and basically asking him to take his word. Which was false.

I sent a letter to them by recorded delivery on 22/01/11, so I will let you know if and when they reply.

There should be a warning to any potential members, advising them not to take out any contracts with Ashbourne Management, as they appear to be nothing but trouble!

Hi Rosie,

When this is all sorted, or even before, you'll need to check your credit records to ensure no adverse markers have been put against your CRA data.

Let us know how you get on.

8-)

Hi there,

I am just about to embark on this journey with Ashbourne on behalf of my girlfriend. She has tried speaking to the gym & Ashbourne and both have been nothing but rude and hostile towards her.

Unluckily my girlfriend is unable to find her contract although she is pretty certain that she is on the ridiculous 36 month term!! She too was told that she could leave at any time & when it came to it she was told that person conveniently doesn't work there anymore.

So at the moment I am on a fact finding mission to try and find the best way to word the letter. I will be interested to hear how you get on Rosiejones88.

Good Luck.

HI Cave Man and welcome to CAG.

Please feel free to start a thread to discuss your own case.

8)

I sent the letter by recorded delivery which was received on 24/01/11. Today (25/01/11) I came home to a letter from Ashbourne Management which had been sent on 21/01/11 stating I owe them the monthly £12, plus £10 administration charges. As this was sent before my letter arrived, I will leave it a few days to see if I hear anything back.

Also, I managed to dig out my 'contract' which definitely states that is is a 36 month contract, and the small print on the reverse bascially says there is no way of cancelling it.Had I not been assured by the gym instructor that I was able to cancel at any time, I would have run a mile after seeing this.

Hi Rosie,

Yes, wait and see if they reply specifically to your recent letter. Ignore their latest threats.

If they fail to respond within 10 days of signing for your letter, complain to Consumer Direct and ask that they pass this on to TS.

8)

So I received their response letter today (26/01/11) which says:

"As you are aware, we handle the monthly payment collections for the above.

In reponse to your letter, we are unable to cancel your membership until the end of your contract. The membership contract which you agreed to and signed is for 36 months at £12.00 per month.

Far from being one of life's little luxuries which it may be very tempting to try to cut out, we believe that a gym membership provides significant health and lifestyle benefits.

If you require any further assistance, please contact our Customer Service Team on the telephone number below, quoting your reference."

And it is signed "Customer Service Dept.

So they have basically ignored what I said, and are making our that they're not keeping up this contract to gain money for themselves, but it is in fact for MY benefit!

What do you think I should do next?

Hi Rosie,

I suggest you write back to Ashbourne based on my draft letter below. Adapt to reflect your exact circumstances.

Dear sir or madam,

I refer to your letter of xxdate and do not appreciate your patronising remarks about health and lifestyle benefits.

You should now consider this matter to be in clear dispute for various reasons including, but not limited to:-

1. Staff at the gym said that I could cancel easily and without penalty.

2. I told staff I would be travelling abroad within a year and was again assured I could cancel easily.

3. At no stage was I told the membership term was for 36 months.

4. Ashbourne is considered by the OFT to be behaving unfairly with regard to UTCCR 1999; CCA1974 and CPUT 2008.

5. Ashbourne is the defendant in High Court proceedings brought by the OFT, due to be heard in March 2011.

I consider that Ashbourne have failed to treat me fairly and dispute that I owe you any further monies. Until the High Court case against you is resolved, I will not communicate with you further.

If you make any further demands of me, I will refer the matter to the FOS for clear breach of the OFT Debt Collection Guidelines.

If you make, or cause to be made, any adverse credit markers with any credit reference agency, I will take action against you for damage to my reputation.

I trust I have made my position clear.

Thanks Slick, I will get that typed up and sent tomorrow =)

I have moved TLCX's posts into their own new thread to avoid further hijacking.

8-)

Hi again.

Before I have had chance to reply with the letter you advised me to write, I have received two more letters from AM.

The first one, dates 27/01/11 says "Please ensure that the sum of £22.00 is paid within the next 7 days, and that the Direct Debit is set up." Then goes on to state the different methods of making payments.

The second one is dated 02/02/11 and says:

"Dear Member

As you have already been advised we handle the monthly payment collection for the above and according to our records your membership is still in arrears.

Regular exercise is highly beneficial and gym membership provides the easiest way to obtain it. Exercise relieves stress, can contribute to weight loss and may help you live longer. Your membership fee represents excellent value for money and offers significant benefits.

Defaulting on your membership payments is a false economy not only for your health but also for your wealth, as steps taken to recover any outstanding amount would damage your credit rating.

In the light of this, please ensure that the sum of £27.00 is paid within the next 7 days, and that a Direct Debit is set up."

Should I still send the same letter you advised me to, or should I make changes to this?

Me and my boyfriend have considered bumping forward our travelling plans so we can leave the country sooner in order to put a stop to this, but I imagine then I will get into the drama of having to show a millions documents with my 'new address' on (which of course I won't actually have because I'll be travelling!)

Ashbourne Management is currently the bain of my life!

Hi Rosie,

I think you should write along the lines I suggested above.

Adapt my draft to reflect your own views, or to address their latest demands as necessary.

8-)

I sent the second letter by recorded delivery last week, and the day after I sent it I received another letter from AM stating that if I do not pay £39.00 immediately, they will be passing my details on to a debt collection agency to recover the monies for the remaining contract time (which is just over 2 and a half years worth!) I have spoken once again to Trading Standards, who have said I ought to find out which debt collection company they use, and contact them directly to explain my situation. I assume they had sent the most recent letter before receiving mine, so I expect another response letter from them any day now - probably with more patronising and unnecessary remarks about my health and lifestyle.

I feel a bit lost in the whole thing now, my mum who would normally tell me what to do and advise me is quite ill, and I don't know who else to talk to. I'm also worried about it going to court because of the cost associated with that. AM make me so mad!

Hi dont panic im going through same thing but ive had debt collection agency letter ARC i replied stating account in dispute and have had reply from them saying they have passed it back to AM hope you get it sorted asap, but there are plenty of us who have an issue with them so your not alone x

Hi Rosie,

Please calm down and stop letting AM get to you. They will NOT take you to court.

They don't have a leg to stand on and have their hands tied by the High Court case being brought against them by the OFT.

Trading Standards are wrong in this case. Ashbourne ARE the debt collection company.

It may be that AM will reply to your last letter sent by Rec'd Del'y in the next few days. Until they do, ignore them.

If they've not replied within 7 days from now, make a brief complaint to the FOS about Ashbourne and sent a copy to AM.

Please don't let them intimidate you - that's what they want.

Stand firm against them and you'll beat them. 8)

I am still waiting for their reply. I sent the letter first class recorded delivery on Thursday 10th Feb, so it arrived the following day. I will see if I have received any reponse when I get home tonight. All this drama and I haven't actually used the gym once...

Hi RJ,

You can give them a few extra days to reply if you want, as you may not necessarily get a reply within 7 days.

Enjoy your weekend and decide what to do next week.

8-)

hi, just following your case as mine is a similar one, have you heard anything yet as another 10days have passed?

Hi OneWorriedLady,

I've posted a reply on your thread.

We'll see you through this !

8-)

Hi again,

Since I sent my last letter to them on February 10th, I received the one letter that I mentioned above from them on 12th February, and have still heard nothing back. It's been nearly three weeks, and I am getting nervous, because I'm sure any day now another letter will arrive telling me I have loads to pay etc.

Should I write again, or wait and see? I worry that if I do nothing, bailiffs will turn up or something one day.

Hi RJ,

Bailiffs are not going to turn up at your door. That's just not going to happen.

Ashbourne can write to you all they like saying you owe this, or you owe that - this is what they do - bully and intimidate.

But just because they say something does NOT make it true. Just because they demand money does NOT mean you owe it, or it is a legally enforceable debt.

Ashbourne practices are unprofessional and shoddy which can be seen by the poor "contracts" they rely on.

The case against them, brought by the OFT, should start next week on 11th March in the High Court. If the OFT is even half right about Ashbourne's unfair practices towards their customers, Ashbourne will not have a leg to stand on.

Stop fretting and be pleased that you've heard nothing. And let us know if you hear any more from them.

8)

Hi again.....

As predicted I received the worst letter yet today (04/03/11).

The letter is from ARC Credit Management.

It says :

"Despite previous correspondence from our client, Ashbourne Management Services Ltd regarding your membership at Compass Health & Fitness, this account has been passed on to us as they have been unable to obtain payment of the arrears from you.

"We understand that our client will register a formal default against you if the arrears remain unpaid. To prevent this from happening, you should call us immediately to clear the above arrears and reinstate the direct debit. Once arrears have been paid, you will be able to continue to use the club facilities for the remainder of the contract.

"Finally, should you fail to make payment of the arrears, the full contractual balance of £399.00 will become due and payable."

So now I have the option of resuming paying for the gym, until I have made off £399, or I will get a bad credit rating? What should I do next?

Hi RosieJ,

This is just another threat, intended to unnerve you so you do what they want.

Write to ARC saying:-

I refer to your letter of 4th March.

I have already set out clearly why I will not pay the amounts being demanded by you and by Ashbourne.

I enclose a copy of my letter to Ashbourne dated (the date you sent my draft letter in post #10).

Until this matter is properly resolved by Ashbourne Management, the alleged debt is in clear dispute and you are barred from making further demands by the OFT Debt Collection Guidelines.

Accordingly, all further demands from you will be reported to the FOS for formal investigation.

Have you complained to the FOS yet. If not, you should do this now, or if you receive any further demands. The choice is yours.

If they post any adverse credit data, you should be able to get it removed. In the meantime, watch your credit files and check them in perhaps a month or two to see if any adverse data has actually been posted.

Do not let them intimidate you. We are here to help you in this.

8-)