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    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
    • It is extremely disappointing that you haven't told us anything about the result of the hearing. You came here at the very last minute and the regulars - all unpaid volunteers - sweated blood trying to get an acceptable Witness Statement prepared in an extremely short time. The least you could have done is tell us how the hearing went, information invaluable for future users. Evidently not.
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Ashbourne Management Services Ltd - Contracts longer than 12 months


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If you have a contract with Ashbourne Management Services Ltd (AMSL) with a minimum contract period of longer than 12 months, it may be unfair according to the High Court ruling in the case brought against AMSL by the OFT in March 2011.

 

You can use the OFT page here to identify which type of AMSL contract you have - http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-completed/ashbourne/

 

If you have an unfair contract, we want to know so this information can be made available to the OFT.

 

The High Court ruling was handed down in May and the High Court's Enforcement Order was made against AMSL in August.

 

Despite this, AMSL have continued to seek payments from gym members who had contracts for longer than 12 month. We believe this is wrong.

 

AMSL have tried saying either :-

 

1. They can still enforce payments for the first 12 months of a 2 or 3 year contract.

 

2. That the contract is actually not for 36 months but is for only 12 months, when this is not the case.

 

Please let us know if your have a contract longer than 12 month where AMSL continue to demand payments.

 

In appropriate cases, we will tell you who to contact at the OFT, so they can consider if further action against AMSL is needed.

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If they (AMSL) are now saying they are hounding members for twelve months 'contracts' rather than thirty six, then how do they explain that their monthly harassing letters are for demands for three years payments? Surely alll that anyone who disputes the claim that they now are only seeking a years payments needs to do, is produce any of the numerous' threatograms' they will almost certainly have received, demanding three years payment?

 

I finally saw them off in February after approximately twelve months of harassment. They were demanding a full three years payment from my wife, despite her having provided medical evidence from her GP that clearly stated she was unable to use the gym; and this after her one and only session!! We exchanged many letters where I asked these shysters to provide evidence of contracts and was 'ignored' except for demands for ever increasing amounts!! In the finish it was only when I found the name of their firm of solicitors, one Williamson & Sodden,(thanks to the intervention of my local trading standards officer) that I secured confirmation that her 'contract' had been cancelled and they would no longer pursue the 'debt'!

 

I urge anyone still being harassed by these people not to give in...dispute everything and keep records and traceability on all correspondence and do not negotiate over the phone with them under any circumstances.Edited!!

 

 

 

 

 

NB: My apologies for any 'defamatory' remarks, this company annoy and harass decent people and it is my personal experience that they are economical with the truth and will use any means to elicit money from people.......

Edited by pokinthruboxers
defamatory language not allowed here
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A generic search for more info on Judge Kitchins ruling, threw up this very interesting link to the High Court's Order against AMSL...

 

http://www.oft.gov.uk/shared_oft/consumer-enforcement/ams/order.pdf

 

 

Seems to set out to Ashbourne what they CAN NO LONGER get away with!!

 

So take heart folks.....

Edited by slick132
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Hi Pokin and thanks for the link.

 

Because this is a High Court Order, it can be quoted as relevant to any gym contracts where similar issues arise.

 

:-)

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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

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Thanks !:-)

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You are welcome Slick. I am fortunate in the fact that my wife was able to provide medical evidence to allow her to finally have her 'contract' cancelled, but the dealings with AMSL were unpleasant and unnecessary and it has left me with a desire to see them get exactly what they deserve................nothing from anybody!

 

Their own 'greed' at trying to tie gym customers into three year contracts, has surely cost them dearly! Especially now that the High Court has found these 'contracts' to be illegal and unfair. It couldn't happen to a more deserving bunch....so if you are still being harassed by these clowns, then take heart and don't be intimindated by thier demands and threats. Just remind them of this order!

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  • 2 weeks later...

I notice that too date many others beside those in dispute with Ashbourne are posting their 'battles' on the forum...I am sure that the ruling against Ashbourne would carry 'weight' in any subsequent legal argument(s) against these companies and I have looked further into the ruling...

 

This link details how the High Court hearing heard before The Rt Honourable Judge Kitchin and between the OFT v Ashbourne Membership Management Ltd was decided and how those legal 'decision's were reached.

 

http://www.bailii.org/ew/cases/EWHC/Ch/2011/1237.html

 

It is long and protracted but is well worth a read for points of law and examples when compiling an argument, in my opinion. Hope it helps someone who is being harassed by these companies.

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