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    • Thanks I just had a quick look.  Will study over the w/e My friend does have kids. But it's a really dysfunctional family.  They don't talk.   Many years ago he sold 2 property assets and gave them a lot of money (enough to buy homes w/o loans) .  They've done nothing for him in the last 2 decades. And he altered his will so his new partner gets everything; the kids nothing (more). The 1st form I glanced at - to be deputy - asks for family details.   If I give his kids details I suspect the authorities may say they should get the deputy job instead?  Then  they will steal the money and give nothing to his partner. I can get a copy of the medical assessment  - and get it translated.  If need be.   This has all happened very quickly.  He got sick. And that must have kick-started dementia.   He was fine to hold a detailed conversation 6months ago; now he cant
    • Hi I think the only way around this as he lacks capacity is someone is going to have to apply to be a deputies via the Courts as he has assets here in the UK and a UK Bank Account which will take time and there will possible be Court Fees to make the application. Also if the Lack of Capacity (Dementia) was diagnosed abroad the person applying for deputies will need that diagnosis and it will need to be translated legally for the UK Courts so possibly cost for this as well. Also for reference although you were assisting them before the lack of capacity and had authority to act on there behalf that no longer stands due to there diagnosis of Dementia therefore Lack of Capacity so you no longer have any authority legally to act on there behalf unless the below is actioned or someone has Power of Attorney for that individual (which was setup before the Lack of Capacity) Have a wee look at these links: https://www.gov.uk/become-deputy https://www.lawsociety.org.uk/topics/private-client/mental-capacity-international-aspects#:~:text=You might need to make,act within the foreign jurisdiction https://www.gov.uk/government/organisations/office-of-the-public-guardian I have got to ask with the Dementia diagnoses are you 100% sure the diagnosis states they Lack Capacity as not everyone that gets a Dementia diagnoses may lack capacity initially. Now the Office of the Public Guardian link above you could also consider giving them a call just to give them a brief on this situation and get there advice on what documents etc are needed for deputies to be appointed as the person with Lack of Capacity is abroad.
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Anybody with gym membership with Ashbourne Management Services?


djdave
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Hi,

 

I'm in dispute with Ashbourne and am in the process of taking them to court for breach of the Data Protection Act, and I need a small favour.

 

If anybody here is a member of a gym who uses Ashbourne to collect their fees, would you be willing to scan & email (or photocopy and post) a copy of their contract (with your personal details removed, obviously!) and the T&Cs?

 

If you can help, please drop me a PM.

 

Thanks,

Dave

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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I just thought I'd give this a bump and say pretty please, can anybody help?

 

:)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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cant you get them to post copy to different address?

If my advice has been helpful please feel free to click on my scales :grin:

 

Creditors and DCAs - Letter Templates & Budget Planner (CCA request letter N)and other templates)

 

Debt Collection Agencies & Statutory Demands, a few strategies

 

Abbey charges, Won

B-card non-disclosure of S.A.R, WON £30 costs awarded

B-Card, court for harrasement, failed to defend WON £175 http://www.consumeractiongroup.co.uk/forum/general-debt-issues/125554-28-days-later-no.html#post1422508

B-Card charges, partial refund, still fighting

Vanquis-Cabot, GIVEN UP :lol:

HFC & my mum, no brainer, no CCA http://www.consumeractiongroup.co.uk/forum/general-debt-issues/133330-hfc-my-mum.html#post1404514

 

PLEASE donate to CAG however small. They are fighting for YOUR rights as a consumer. http://www.consumeractiongroup.co.uk/forum/

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  • 3 weeks later...

Hi

 

not sure if its too late but I have the piece of paper i got when I joined a local gym that would appear to be an ashbourne one. we also are in dispute with them. i would gladly scan you that sheet if you want it, pm me an email address

 

cheers

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  • 2 weeks later...

Hi,

 

Yes they arrived safely thanks. I did email back, but I guess you didn't get that. It proves what I'd thought all along: that it was merely a contract and not a regulated credit agreement. This all helps to weaken Ashbourne's arguement! :D

 

I've filed my Allocation Questionnaire and included draft directions asking the court to put Ashbourne to strict proof that I'd breached the T&Cs of any contract, now I'm just playing the old waiting game.

 

If there's anything help you need with your problems with Ashbourne, just let me know.

 

Thanks again :)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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  • 3 weeks later...

Good lord.

 

Even though I've claimed against Ashbourne, they've still written to me with a standard threat-o-gram demanding £285.

 

Exactly how stupid are they?

 

Needless to say I'll be forwarding a copy to the Court, and to the OFT who are dealing with my complaint against them.

 

I've tried to stay calm throughout all this, knowing that I'm in the right, but they're really doing my head in.

 

:(

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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  • 2 months later...

Afternoon all!

 

I've not been on the forum for a while and it turns out I've got several PMs asking for advice on dealing with Ashbourne Management Services.

 

I'll attempt to answer all the points raised in the PMs here on this thread for several reasons. Firstly it'll save me typing lengthy replies to PMs (lazy I know), secondly it will let others benefit (hopefully) and thirdly it gives other members a chance to correct any inaccuracies. I am not a lawyer, and any advice is simply based on my own experiences.

 

Q: How can I get out of my contract with Ashbourne?

A: It seems to vary depending on when and where you signed the contract, but basically you either need to have moved out of the area to a place where they don't have any partner gyms; or have a medical condition which prevents you safely using a gym. I cannot and will not condone simply breaking a written contract simply because you changed your mind or don't bother going to the gym any more.

 

Worryingly it seems that some people have signed 36 month contracts believing them to only be for a year. My understanding is that if the contract is in any way misleading it could well be invalid. My advice would be to contact Consumer Direct or CAB.

 

Q: I've cancelled but Ashbourne still demand money and have put a default on my credit file.

A: Don't expect an easy ride. Ashbourne's corporate site proudly boasts how registering defaults is the best way of dealing with accounts, presumably because there's so little burden of proof unlike, say, going to court. Also the sums in question are typically relatively low so "debtors" are more likely to pay up than fight on (thought not me, and if you're reading this then presumambly not you either).

 

All I can suggest at the moment is to send them a statutory notice under s10 of the Data Protection Act requesting that they rectify any incorrect data and inform the CRAs of such. If my experience is anything to go by they'll ignore it, so send a follow-up after 21 days. If you still don't get any joy, report them to the Information Commissioner.

 

I'm hoping that once I've taken Ashbourne to Court that they'll think twice about ignoring anybody else's Statutory Notices or playing silly beggars again. Sadly the County Court doesn't set a legal precident in the way that, say, the High Court does. But once the case is over I'll gladly make details available in the hope that, should you go down this route, your local Court will take its lead from this case.

 

I wish I could help more, but until all these arguements have been thrashed out in Court I'm in the dark as much as you. I'm genuinely looking forward to my day in Court, partly becuase I want this over with but also becuase it's become apparent that Ashbourne think they can treat their customers with such contempt.

 

I won't let them get away with it.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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I've finally got my Court date, September 29th. I'm looking foward to hearing them justify their behaviour over the last three years.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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  • 6 months later...

Hi Dave,

 

I see from your user profile that you had some success with this.

 

Can you please update us on how you resolved this.

 

There's still a steady stream of complaints about Ashbourne and other gyms and their sharp practices.

 

:)

We could do with some help from you

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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  • 2 weeks later...
Hi Dave,

 

I see from your user profile that you had some success with this.

 

Can you please update us on how you resolved this.

 

There's still a steady stream of complaints about Ashbourne and other gyms and their sharp practices.

 

:)

 

I would also be interested to hear how you got on...only a few months to pay before I can get out of this contract however the behaviour of the staff is appalling and threatening

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  • 1 year later...

Good news! visit

http://blogs.mirror.co.uk/investigations/2010/03/watchdog-takes-gym-company-ash.html

 

Hi I'm am so glad to hear about this company being pursued by Watchdog. The way the staff treated me was appalling. They asked for 2 proofs of identity when I advised them I was moving address. This I did & they then said that wasn't enough & I had to send my driving licence aswell. Meanwhile still wishing to take money from my account. Luckily I had cancelled the Direct debit. They sent a letter on a friday saying I had 7days to pay the debt which they had added a £10 admin charge to, then on the following Monday (i.e. the next working day)I had another letter saying I had 3 days to pay & they had added another £5 to my bill! I basically paid another month just to put an end to the grief they were giving me. My account has now been closed. However, I reported them to the Office of Fair trading who wish me to give more details. Hooray! They will have their Karma after all

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We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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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 another day so that John Wright (MD of Ashbourne) could attend but they plauyed the same trick again and he refused to attend.

 

Don't worry though, sounds like you have everything in hand. One thing - print off the pages from their website - the ones that brag about how they default people. This won't go down with the judge - especially in this economic climate!!

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