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    • Sorry I meant credit fix - I really wish I'd known this before - kicking myself right now  If they come back to me asking for more money I'll cancel it and start trying to deal with the debt myself let's see what they say  Feeling tempted to cancel it now but scared that some of the debts will do more CCJ's on me and I'll have to wait 6 years again.  2 of the CCJ come of this year and then I'll only have the iva in credit file - effectively if I'd have not took out the iva in 2021 I'd have clear score by now - but then again would I because I would have been hounded the last 3 years, as bad as it is it's saves me lots of headaches whilst my debt was still within the 6 year mark.  I think most of them are near there but in all honesty no point chasing them if I do cancel iva I'd jjst wait for the ones who contact me and then start the relevant letter process on them.  Of over 6 years easy if not still possible to write off. My true victory would be having the iva wiped off my credit file as mis sold or something that way I Don't have to wait till 2027 Other option is to fight back and ask for them to offer the creditors to accept payments so far and use the following method    Will your IVA firm agree to complete your IVA on the basic of funds paid to date? The Guidance lists a lot of factors to be considered in deciding whether a settlement on the basis of funds paid to date should be proposed. You should read the list. But that may not give you any feel for whether they apply to you or not. The following are my thoughts on when an IVA should be treated as settled, not failed. They assume that you have £75 or less to pay a month: if you would currently qualify for a Debt Relief Order, then your IVA should be settled now  There is no point in making your IVA fail and you have to apply for a DRO – it will not generate another penny for your creditors. If you are renting and owe less than £50,000, check the DRO criteria now and talk to National Debtline on 0808 808 4000 about whether you qualify. You may have been told at the start of your IVA that you aren’t eligible – still check now as the DRO criteria have changed, your situation has got worse, and some people were given incorrect information about DROs at the start. if you have no assets that would be realised in bankruptcy (eg a house with equity, car worth over £2000), then your IVA should be settled now Same as (1), there is no point in making you apply for bankruptcy after your IVA fails. if your only asset is a car that is worth less than £8000, then your IVA should be settled now A car that is worth say £5000 would normally be sold in bankruptcy and you would be given a small amount to buy a cheaper car. But your creditors would not get any benefit from this as the Insolvency Service takes the first £8000 raised to cover its own costs. if you have significant assets, the closer you are to the end of the IVA, the less reasonable it is to fail it If you have been paying your IVA for 4 years, you have done your best over a long period. It isn’t your fault you can no longer continue. The fact you may have had equity to release isn’t relevant as that simply isn’t going to be possible. if your situation will clearly improve soon, then it’s unlikely your IVA will be settled I mean real improvements, not hoping that prices fall. If I can get them to accept payment to date or threaten with cancellation hopefully they may accept it -  Other option is to try and borrow money and pay make a full and final offer  Or I can just ignore and hope for the best which I'm very tempted to do especially if they respond to my review with bullying tactics despite me being skint as a fart with no mortgage as renting  It's so stressful but I've just checked the iva agreement from 2021 and it's Cabot 2 accounts Lowell about 5 accounts and then lots of repeats of the same debt with for example zopa and Cabot same amount listed twice -  also loyyds banks but I'm sure that's older than 6 years and not on credit file anyway  If I can somehow remove the iva from my credit file I'd be happy 
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Ashbourne management


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anyone that has dealings with ashbournes and keeps getting threatening letters should in the first case write to them and inform them that they are in breach of the Administrations of Justice Act 1970 section 40,para 1.it reads as follows

40 Punishment for unlawful harassment of debtors

 

(1)A person commits an offence if, with the object of coercing another person to pay money claimed from the other as a debt due under a contract, he—

 

(a)harasses the other with demands for payment which, in respect of their frequency or the manner or occasion of making any such demand, or of any threat or publicity by which any demand is accompanied, are calculated to subject him or members of his family or household to alarm, distress or humiliation;

 

 

ashbournes hate that !!!!!!

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  • 4 weeks later...

had yet another letter from ashbournes...same bull**** as last time...if i pay £400 i can have my name taken off the badboy register...wooppeee dooooo.i like being on the register...so they can sod off

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Well for a change it seems Ashbourne are going to be on the receiving end.

I joined a local gym in April but at the end of June the bailiffs changed the locks and the place has closed. No notification from Ashbourne or the Club. My contract is with Ashbourne, and as far as I can see they have breached this in three ways, they have not provided the facilities or services I may reasonably expect, I should have had one months notice of termination and I think closure would count as termination and I should have compensation if I suffer a loss. I paid an amount up front and have paid three direct debits, now cancelled, so my estimate is that they owe my at least £80. Had I wanted to back out of the contract no doubt they would have required the full two years membership fees, so by that token do they owe me two years fees.

I sent them a letter by recorded delivery to inform them my direct debit has been cancelled, that was over a week ago, and an ominous silence since them. Wonder if they would have been so reticent had I cancelled.

Just wondered if anyone was in the same position as I am. I have legal protection with my home insurance so will definitely pursue this.

Any comments welcome.

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Hi goneoffgyms,

Keep us updated. I am paying for the gym on a month to month basis and hoping someone can come up with a get out from this nightmare,I haven't stepped foot in the place for months it goes against the grain Wish my gym would go bust. Victor Arthur

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  • 4 weeks later...

1 month after I wrote to Ashbourne regarding reimbursement of overpaid fees due top gym closure, total silence, I'm about to write a further letter telling them if they don't pay up I'm taking them to court. Amazing how they go silent when they are on the receiving end. will update when I have any news

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I need urgent help on this regarding Ashbourne Management.

 

My girlfriend set up a direct debit with them but we have since split and Ashbourne Management are now chasing for the whole payment of the remaining membership. They asked me for my new address details and said if I paid the final instalment they would close the account. I sent the payment off with proof of new address.They have nowhave threatened my x partner with the whole of the remaining contract and said they will put her on a credit blacklist.

 

I never signed any contract with Ashbourne Management or even the leisure centre. I also dont think either of us signed any credit agreement with Ashbourne Management.

 

I need to do something quick but don't know what to do.

Edited by delbertgrady
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Hi all,

 

I'm also in need of urgent help.

 

I stupidly signed up to a gym in Exeter with Ashbourne not realising it was Ashbourne I was signing up with as no one told me. I felt pressured into signing for a 36 month contract at a reduced price apparently through the government change4life scheme.

I was told I can transfer my membership, but I just rang them and apparently it can only be transferred to someone at the same gym, not any others.

I can get a doctors note as when I joined I told them I got bad knees but they didn't seem to be bothered and I have found it too painful to use the equipment. I see on my letter congratulating me on joining the gym if I get a docs note then they'll still take my money but add the months on to the end of my min contract!!! I want to cancel this whole thing but they wont let me.

 

If I just cancel the direct debit will they send bailiffs round? I got a rubbish credit rating anyway so that doesn't matter but I don't think my parents would be too amused if people come and take our belongings.......

 

What should I do?

 

Thankyou.

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If you look on Ashbournes web site, thay say they will not persue you through tyhe courts but rely on defaulting you with the credit ref agensies.

 

Sorry spelling has gone to rats tonight.

Tip us a wink on my scales if you think I may have helped at all;)

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Hi All,

 

Very interesting reading.... I signed up to a Gym membership through ashbourne around 6 years ago.

I moved, had a baby and tried to cancel my membership, to no avail.

I cancelled the direct debit, and they wrote to me at my parents address every three months or so, requesting differing sums of money.

I ignored all of this, until recently, I sent one letter back, stating Not at this address, Maybe this was a mistake.....?

 

Ashbourne have never appreared on my credit file, until two weeks ago (bear in mind my agreement with ashbourne started approx 6 years ago)

Its only a generic search they ave done, obviously to get my address.

 

Does anyone know where i would stand with this?

They have never entered details onto my credit report, i am worried now that they have done the search they will enter a default.

 

I thought after 6 years all credit agreements are void, is this not correct?

 

Look forward to your views!

 

Emma

:-)

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Hi,

 

just wondered if anyone can help. I signed up for what I know was an 18 month contract at a special offer rate with ashbourne. I've just rung to cancel and they have tols me its a 36 month contract!!! I'm not happy and I no longer have my original paperwork due to a flood. I really want to end this contract as soon as possible! Does anyone have any advise?

 

Salba

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Well Ashbourne have coughed up what they owe me, but not until I issued a CCJ against them. This was issued last Friday 28th August 2009 and I received a cheque from their solicitors in full payment on Thursday 2nd September. It's not a vast amount of money, £125.00, but I can't afford to lose it. They would have got away with £82 had they paid immediately because I added court fees and sundry expenses petrol etc.

I had a good case because my gym had closed and they had breached their contract but suppose they thought I wouldn't bother, so to anyone else in a similar position, it's worth the effort.

I have reported them to Watchdog and a Sun columnist who had similar problems with a David Lloyd centre, but because he was a journalist they backed off immediately.

Good luck to everyone who has the misfortune to be dealing with Ashbourne.

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  • 3 weeks later...

Hello,

 

I also have a gym membership through ashbourne management.

I will have been a member for a year next month, so I tried to give my months notice and say that I no longer wished to continue as the gym has failed to meet my needs.

 

When I joined I was advised by the gym that the membership was annual, but I joined during a promotion so I get a reduced rate for the first 3 years I am with them. Turns out I have a 3 year membership! I feel really cheated.

 

I don't want to keep paying for a membership i'm not using, but from the conversation I had with them today it sounds like i have no option!

 

Can anyone help.

T

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Hi, not sure where you stand, as I said I've reported them to Watchdog and also emailed John Gaunt, the Sun columnist who had problems with the David Lloyd Centre.

It wouldn't hurt to report them to Watchdog and also write to the Sun, if enough people complain maybe something can be done. The only reason they paid me was because the gym had closed, but it seems to be area that needs investigation.

Good luck, not that it's any comfort, but you can see from this website that you aren't alone.

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  • 1 month later...

I realised immediately that I had made a mistake as soon as I walked through the door. I signed up on the internet for a 3 year contract as they posted a poster through the door with an amazing offer and there were only 12 places available. The pictures looked great on the internet.

When I went for my induction, it was a pokey little gym, the size of my living room with ancient equipment in, mainly focussing on body builders. The pubescent attendant didn't give me an induction as such as he was busy. I spent one hour in the gym and the day later I could barely move, I think I had done something to my back. I had to visit my doctor for medication. I tried going again a few days later, just using the treadmill and doing some gentle walking but knew this wasn't the place for me. I wrote a letter to Ashbourne to explain the situation, they replied to say I had to get a doctors letter. I have to admit I didn't do this, mainly because they charge at my surgery for such and cash is hard to find. So I cancelled my Direct Debits and for the past 6 month Ashbourne have been writing to me. I have now been infomred that I have a Default Registration unless I pay 465 immediately. My credit file is finally clean in December and really don't want this on it but refuse to pay the company so much money for a service I have barely used or will ever use again. Could anyone Please help me???

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Hi

 

I too am a member of Ashbourne management and note there is a flaw in the contract too, under the section 'conduct'. They will terminate your membership if you are rude orabusive to staff. (not sure if this means you still have pay, but the way I read it you dont)

 

So develop a case of tourrettes and this may help :-)

 

thanks

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  • 3 months later...
  • 2 weeks later...

Good afternoon folks....

 

I come seeking advice on how to proceed with regard to this problem...

 

In December 2009 my wife joined a local gym, via the internet site they posted and agreed to pay by monthly direct debit for her membership....

 

On joining she informed the gym of a pre-existing medical condition of epichondylitis (tennis elbow) and this was noted and she was told not to worry as exercises would be tailored to suit, so as not to aggrevate this condition...Sadly, this was not the case, instruction, was at best rudimentary and a recurrence of epichondylitis occured within the first couple of sessions at the gym...so she stopped attending and cancelled the direct debit.

 

She quickly received a request for payment from...Ashbourne Membership Mgmt. As she was at work at the time of receiving their request, I phoned them on her behalf and explained that she was unable to attend the gym due to this recurrence of her pre-existing condition and that she was seeking medical treatment for it. They requested that she provide medical evidence of this before they could act on her membership.

Hospital treatment in the form of cortisone injections into the elbow were taken and partial relief was gained. However, our GP suggested exercise was not advisable and wrote a letter in support of this to send to Ashbourne Mgmt.

This period took approvimately three months, during which we received demands for payment from Ashbourne, for escalating amounts....eventually culminating in one demanding three years membership ( approx £540.00 ) or face a default registration.

The next we heard from them was too the effect that they were issuing a default registration.

I wrote to them and informed them that medical evidence from our GP was provided and that, as the injury occured within the first month of membership, I did not accept that she was liable for any further payments.

The latest demand I have received is for missed payments and an administaration fee to remove the default notice, totalling £125.50....

Again I have refused to pay them anything and feel that the change in demand from them only supports that they recognise that medical evidence has been forthcoming....

Today, I have contacted the Office of Fair Trading and await a return call from them to discuss my complaint....should I now inform Ashbourne that I intend to seek legal assistance to have them comply with my request to have this default removed?

Further, as far as I can tell, (my wife is a little vague as to what she may have signed) no formal contract exists between her and the gym in question and the same may be said of any credit agreement......certainly she does not have any copies and if they do/did exist how do we obtain them?

 

Some advice on my next step would be gratefully appreciated. I don't intend to pay these leeches a penny and they are starting to annoy me now.......

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