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About fatdog

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  1. Guys I have been telling you for some time - tell Ashbourne where to go. Their business model is flawed - they cannot take money from you/be contracted to you if they are not providing you with a good or service. Their relationship is with the gym and the gym has a relationship with you - not directly! A few years ago I took Ashbourne to court and it was ruled that their contracts were worthless pieces of paper and their business practices were unfair. They were instructed to change their business practices immediately and refrain from registering comments with credit reference agencies
  2. Right having had a look at this again on the basis that muldy has said Harlands are indeed a payment collector, just like Ashbourne, then these are my comments: On the posting that shows a part copy of the contract: On the first picture (assuming front page of the contract showing the start date, monthly amounts etc): 1. "On joining The Club" .... so 'The Club' has to be Harlands or owned by Harlands for this contract to be enforceable by Harlands. Otherwise they are not a party to this contract. If you pay Harlands for something they need to give you something for that money - ie
  3. Sorry guys but this one is not as clear cut as the Ashbourne cases I am very familiar with. Firstly you are getting confused about cancellation. It states you must make a minimum of 12 direct debit payments, after which time the contract will roll forward on a monthly basis. If you cancel the direct debit after the 12th payment has been collected then the contract terminates. That is very clear in the terms and is to referred to as the 'renewal period'. I'm not familar with Harlands. Are they the gym itself or the payment collector on behalf of the gym? What has been establi
  4. Just to update everyone. I have spoken with a fellow cagger on the phone about this. I think what we're likely to do in canvass a few lawyers to see if they'd be happy to potentially take on a group action against NR for this product. Typical charges are £250 an hour. I have tried to find an insurance policy to help with the costs but have had absolutely no joy on this front. If you're willing to be part of a group action then please PM me with some contact details (phone and email addresses are best/easiest) and we'll start to put things together and see how many people would like to g
  5. DJDave Don't expect too much from your day in court. It will be you, the Judge and a 'legal representative' acting on behalf of Ashbourne who will not know anything about the running of the business - and will give the standard line of "I'm here to act on behalf of Ashbourne to defend this claim in full". They won't say much else, instead relying on their "statement of fact from the client" to answer any questions. From my day in court with them, this riled the Judge somewhat as I had raised very specific questions which could not be answered. The judge delayed the hearing for an
  6. Maynorman2000 - welcome to the world of Ashbourne! This one appears very straightforward. Take a look at your 'contract'. Does it say "Club Name: xxxxx" and then in the terms something like "you are a member of the club named overleaf."??? If it does then how can the contract say "if we do not provide the facilities or the services " ??? Perhaps ask Ashbourne exactly what facilities or services they are providing to you!? The answer is none. They are a payment collector acting on behalf of the (now ceased trading) gym. You should tell them where to go with the threa
  7. Bulbie The fact that they have charged you £10 admin fee when your (and again I use the term very loosely!) 'contract' states £5.50 is a clear breach of contract. If you have not already sent the letter, I'd get that in there too. I'm assuming they'll just fob you over like the other 17,000 people they deal with in this way so my advice is again to issue small claims proceedings against them. This advice goes to anyone else in a similar position. One thing you could try and get is something in writing from the gym itself saying that you don't use the gym (see if they can i
  8. Ian Yes I'm happy to exchange numbers. I will PM you shortly.
  9. Jotty DON'T PAY! Take them to Court. There's a few people on here all in the same boat. Get a few legal proceedings going against these jokers and get them out of business. See other threads for details.
  10. Bulbie What are you doing? Firstly lets take the fact that I have taken these guys to Court and wiped the floor with them - see separate threads that I have put up here. Second your 'contract'. Lets take a look - particularly at the 'terms and conditions' page you have scanned. You (and others) will hopefully start to see where this 'contract' starts to fall apart. My advice to ANYONE in dispute with these guys is take them to Court! OK: Term 1. Membership. If you sign this agreement, you agree to become a member of the club referred to overleaf. So is the 'Club' As
  11. CSC1 In short (and to directly reply your PM to me) I have a laywer who has stated their is definitely a case for NR to answer in court. The problem however is that the case costs will run into several tens of thousands of pounds as NR will no doubt want to defend to the death in order to avoid paying out potentially tens of millions of pounds in write-offs and compensation claims. The lawyer has told me to find an insurance policy that will cover a legal claim against a bank - and I've hit a brick wall. No insurance policy with legal cover will pay the costs of taking a financial
  12. George I am currently testing the legality of the unsecured loan element of these mortgages. There are lots of unfair terms which may lead to the agreement being unenforceable. Collecting a single payment for two separate agreements is one area under scrutiny as you have found you cannot withhold part payment when disputing either agreement. I have a team of lawyers putting a case together at the moment and will of course post updates as and when I get them.
  13. Right, lots of people having problems with Ashbourne on here. Fear not, this is what you need: The MD of Ashbourne is a guy called JOHN WRIGHT. I took Ashbourne to court a couple of years back and they were told their contracts are absolutely worthless on the grounds they are a payment collection agent for the gym, and as they do not give you direct access to the gym then they can't do anything like default your credit file without the express written permission/request of the gym itself. What you will probably find is that the gym you belong to know absolutely nothing ab
  14. Williams101. Thanks for your info. The one thing I've been told by the various people looking into my particular case is don't do anything rash! I'm ok for time at the moment, I still have a few months grace before my fixed-term comes to an end. I see you're selling up ... I hope that's to move for other reasons than to get rid of the mortgage product alone. It would appear yours has already come to an end. The one point you may have on your side is this .... have a look at your unsecured loan agreement. Does it say something like: "So long as you remain a borrower wi
  15. Just a quick update on this. I've had my 'fixed-sum loan agreement' looked at by a couple of legal advisors. All agree this has several points to argue and are looking into whether anyone has actually taken NR to court over this to mark against any such existing test case. Interestingly, all of the advisors I've spoken to claim they have had "an influx" of people questioning the legality of these agreements so it could be the case that many people are considering legal action against NR. If you have one of these Together Mortgages with NR, I'd really like to hear from you - whe
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