Hi everyone, hoping this is a relatively straight-forward one.

I am a member at Clifford Health Club (Nottinghamshire), which use Ashbourne Management for their membership payments.

I emailed Ashbourne as I have moved house and I was wondering if I could end my membership as the gym is now a bit out of my way.

Ashbourne replied saying I had to have moved 15 miles away, I haven't quite moved 15 miles away, fair enough I don't meet that requirement. It'll be a bit irritating but not the end of the world.

The bit of the email that confused me was the opening sentence,

"The contract that you signed and agreed to is for a period of twelve months, to date you have made three payments and we require a further nine payments in order to cancel."

The contract I agreed to and signed was, indeed, for 12 months. However, it was part of a promotional offer - sign up (November) and pay nothing until 1st February.

In my mind then, in April, I am six months into my 12 month contract, with 6 payments left to make, not the 9 that they have said I have left? That would surely make my contract 15 months long not 12?

I was just wondering if I am able to argue the case with them about the 3 months they appear to have added on?

Thanks for any help

urh?

you cancel by letter as you've moved away, forget their fleecing rubbish

and then you'll only owe ONE month [30 days notice to cancel - payment]

So I am able to cancel even though I am within the 15 miles? That would be great, in their email to me it says

"In response to your email, we require proof of relocation in the form of two utility bills addressed to you at your new address. We are unable to accept bank statements. The proof must be confirming you live 15 miles or more away from the gym, once these are received we can cancel your membership with 30 days notice."

Why on earth do you think their 15 mile requirement is binding on you? By that logic, theyre saying they can stop you moving further out. Tell them theyre gettone one months subscription and the contract is cancelled. You may get letters from harland or a DCA, if the gym is stupid, but they cannot do a single thing. And never will.

reiterate the one month to them, and say if they dont accept it, then basically tough luck to them.

Hi Pad and welcome to CAG

Help us to help you - how far will you be from the gym after the move and how long is the journey by your normal mode of transport.

Their 15 miles is not reasonable or enforceable if, say, you cycled to the gym, took a bus or walked when at your last address.

You certainly don't have to provide 2 utility bills, nor should you pay for a month AFTER you provide the proof they "require". AMSL were taken to court in 2011 for using unfair and onerous tactics in enforcing gyms agreements

We'd need to see the small print about the 3 month offer before deciding if you owe them a further 3 or 6 months fees. However, we'll probably suggest you tell them to shove off 'cos you moved far enough away to make it reasonable to cancel, regardless of their T&C's.

Hi Slick, thank you.

I was living approximately 9 miles from the gym, I drove and it would take under 20 minutes.

I joined as it was located well between my address and my place of study (I am a mature student and was commuting daily between Nottingham and Derby) and would pretty much drive past the gym twice a day.

Due to a relationship break-up over the last few weeks I am relocating and will now be living in Derby and not commuting. Whilst this only moves me 3 or 4 miles further away from the gym it is no longer now conveniently placed along my commute, and there will be 15 or 20 minutes added to my journey to visit it.

Im not sure where to get hold of the small print for the offer as it was advertised on Facebook and AMSL didn't provide me with a copy of my contract.

Please let me know if you require any further information, and also if it's worth pursueing this - I'm well aware I may just have to suck it up and learn from my mistakes!

Cheers!

I'm well aware I may just have to suck it up and learn from my mistakes!

More so you need to suck it up and get that way of thinking out of your head

Hi Pad,

I wouldn't worry about the contract period. Sounds to me like it's a 12 month agreement with the initial 3 months free. It could be argued that the agreement is longer than 12 months and therefore not enforceable but I think this is a weak argument.

No need for their small print either.

I would now send AMSL a typed letter and get a free Certificate of Posting at the PO when you send it. Keep it simple :-

Dear sir or madam,

I refer to my membership at Clifford Health Club.

I have moved address and it's no longer convenient for me to attend.

I will allow one more fee to be taken by DD and, after that is paid, the DD mandate will be cancelled.

You have no authority to demand that I supply the documents you referred to, nor can you enforce arbitrary rules about the distance I now live from the gym.

If you continue to make payment demands, I will complain to the gym and the authorities as necessary.

Yours faithfully,