Ashbourne Management Gym Help!

[JournalistElect139]

About June time, I decided to join a gym where my sister had joined for £12.50 a month as I understood it, for a year. So I said cool, its in town centre, I can travel there and back, sounds good. So got registered and everything and only till recently Ive been making trips to the gym.

 

Its a fairly small gym, some equipments a tad old. There's two trainers, 1 girl who doesnt tend to do much besides walk around or be in her office and the other big fat old guy tends to sit on his backside whenever I see him.

 

A while back when I was checking my contract, it said Id signed on for 36 months?! Which am pretty sure, that the deal I signed for was £12.50 for a year. Ive been doing some digging and it turns out it might be tough for me to get out of it as Ill still have to pay.

 

But I definitely feel a sense of injustice, Okay I should have read the small print but I signed under the deal that I would be paying £12.50 for a year as was advertised outside the gym. The guy who registered me never mentioned about it being for 36months, so I feel I have been mislead and been duped into signing for this period of time.

 

I sent a letter to the gym but had no response. Rang them up, gave the old line about how it was £18.50 for a year and the 12.50 deal was for three years. I wouldnt have fricking signed up if I knew I was stuck for 3 yrs!

 

I know a user named djdave I think has had a out of court settlement and Ive read some older posts on the forum. Im only a student and have the financial clout to go all the way like you have. Is it possible to negotiate with them for them to agree what they advertised and give me a year's deal which runs out June this year and call it quits otherwise Ill go the whole way?

 

What should be my next step?

 

Any tips, advice are greatly appreciated.

 

Cheers!

 

[JournalistElect139]

First off, please check this thread for info about my situation: http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/180368-ashbourne-management-gym-help.html?highlight=Ashbourne+Management

 

Its the first time Im going to challenge something of this nature. What will the Office of Fair Trading be able to do for me if I write to them and explain my situation?

 

Are there any other consumer organisations like OFT that might be worth getting in touch about my situation?

 

Thanks

 

[buzby]

In short, nothing much.

 

The OFT will simply refer you to your local council's Trading Standards office, who will offer advice, and may even write a letter if you convince them, but the bottom line remains the same. If you don't do it yourself, it's not going to happen.

 

See here: The Office of Fair Trading: Consumer advice

[freakyleaky]

2 threads merged. Please keep all info regarding this to just one thread.

I will flag this up for the team to have a look at.

[MARTIN3030]

I am sure that the OFT are investigating this.Cag has seen a number of issues with these from members here.

I think you should read this thread.;

 

http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/124907-ashbourne-management.html?highlight=Ashbourne+management+gym

[slick132]

Hi JE,

 

This is a "must read" thread for you - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/138109-ashbourne-management-services-ltd.html

 

The OP took Ashbourne to court after our advice and they backed down giving him a refund of the fees paid.

 

Do you have a copy of whatever you signed at the time. If not, go to the gym and ask them for a copy of your contract. If they altered the "contract" to 36 instead of 12 months, you have a good case to argue.

 

If they won't provide you with a copy of it, you can send them a SAR which will cost you a tenner.

 

[JournalistElect139]

Hi JE,

 

This is a "must read" thread for you - http://www.consumeractiongroup.co.uk/forum/general-debt-issues/138109-ashbourne-management-services-ltd.html

 

The OP took Ashbourne to court after our advice and they backed down giving him a refund of the fees paid.

 

Do you have a copy of whatever you signed at the time. If not, go to the gym and ask them for a copy of your contract. If they altered the "contract" to 36 instead of 12 months, you have a good case to argue.

 

If they won't provide you with a copy of it, you can send them a SAR which will cost you a tenner.

 

 

Yes I do have a copy of the contract, the gym gave me a copy when I signed up.

 

Will check them threads in more detail later, but definitely Id signed up for 12.50 for a year only and have found myself stuck with 36 months!

 

I thought I was all alone but its warming to see other people have been in my situation.

[MARTIN3030]

Theres a lot more than this too.

A search in CAG archive is full of them.

But I think you have enough to go on now.

[slick132]

Hi JE,

 

Does your contract state 36 months or has it been altered, to change it from 12 to 36.

[JournalistElect139]

On the contract itself, it says 36 months. But I signed with the knowledge that it was for 12months only for a fee of 12.50 a month. It was only till later that I realised it'd been written for 36 months. It was advertised in and around the gym that it was for 12.50 for a year.

[slick132]

JE,

 

Link here and read the OFT ruling opinion - http://www.consumeractiongroup.co.uk/forum/debt-collection-industry/65452-esporta-gym-3-months-3.html#post1679363

 

I don't think it gives any direct guidance on the fairness of your being bound by a 3 year contract. But the 2nd section mentions your right to terminate if the gym is in breach of contract, eg if the services provided are inadequate or have dropped since you joined.

 

You could approach your own Trading Standards and ask for their opinion about the 3 year contract being reasonable or not.

 

The problem here is that you signed the contract for 36 months membership. Whether you thought it was for 12 months is irrelevant.

 

The only thing I can see in your favour is if the posters you mention are misleading. If they are, take a picture to use as evidence.

 

But from what you say, it sounds like you enjoy membership for the 1st year at a reduced rate of £12.50pm. I'd expect the poster to say normal fees, currently at £18.50, would apply for years 2 and 3.

[buzby]

The monthly rate has no bearing on the minimum term (as this can always be increased later). Have they tried to increase the £12.50pm after the 12 month period? The area of confusion is that it could have been misunderstood that the £12.50 rate was for 12 months (of a 36 month commitment). The contract states this, and if you signed it would be hard to challenge them as this would take precedence.

[JournalistElect139]

Hmm....well the gym itself isnt great. A small gym, with not the high tech equipment and no real trainers around. There's probably about two, three, not great either IMO. If I was to cite poor standards etc since I joined as breach of contract, would it be successful?

 

Im concerned as I want to get out of this contract, as the gym itself isnt great and Ive hardly been since last year!

 

Thinking about it now, I sent a letter to the gym about this issue to which I got no response. I rang them up and explained my situation, they said Id signed up for 12.50 for a year then 18.50 after that. But nowhere did it say this on the gym poster or I was told this.

 

Its the length of the contract that I dont want, its a misleading advertising campaign by them. Is there anyway I could forward a complaint about my issue and try and renegotiate for them to stick with the original 12.50 for a year and if I want, I can extend the contract if Im happy with the gym and its standards?

 

Not happy...

Edited February 2, 2009 by JournalistElect139

[buzby]

There could only be a contract breach if they stipulated to a minimum specified amount of equipment and these were not provided. From what you say your dissatisfaction is based on that you don't really like it - and the won't be a valid reason to break the terms agreed.

 

Other options to look at are possible get-outs should you move out the area (and it isn't a chain), or if on medical advice you are asked to stop using their facilities. The final arbiter will be based on what their T&C's are.

[slick132]

Unless standards have dropped since you joined 8 months back, you've no get out on that basis. You saw the facilities and decided to sign up.

 

You may have misunderstood about the 36 month contract but, unless they clearly mislead you, I don't see you have good grounds to challenge the contract.

 

In the circumstances, you may be better asking the gym mgt if they'd agree to vary your contract to 12 months, up to June, and you'll pay at the higher monthly rate of £18.50 for the whole year.

 

Get any agreement to vary or cancel the existing contract confirmed in writing - type it up and get the manager to sign or you'll then have them chasing when the 12 months is up.

 

Good luck with this.

[JournalistElect139]

Other options to look at are possible get-outs should you move out the area (and it isn't a chain), or if on medical advice you are asked to stop using their facilities. The final arbiter will be based on what their T&C's are.

 

If I was to attempt the move out area one, dont they ask for documents proving that?

 

I dont think the gym I go to handle the membership side of things so will it be best to try the financial company which handles that side of things and what kind of info should I state in my letter?

 

Is there anyway I could clearly prove that they mislead me? Im going to check my contract over tonight, and see if there are any avenues of escape!

 

Cheers!

[cmilne]

I dont think the gym I go to handle the membership side of things so will it be best to try the financial company which handles that side of things and what kind of info should I state in my letter?

 

Correct. And phoning them is pointless going from experience, it all has to be done by letters sent recorded.

 

Before sending anything to them I would check with Trading Standard that you have a valid Credit Agreement with Ashbourne. Trading Standards informed me that my Contract is not a valid Credit Agreement, so there isn't one. This means they cannot come after you for money if you was to cancel payments. If they do, or put a default against you, then you have every right to take action against them.

Edited February 3, 2009 by cmilne

[EYEBALLS01]

Bit drastic but if you can get a Drs letter saying you have an injury that will stop you using the gym they will accept that. I was with a gym with Ashbourne as the collectors but found my back hurt more and more so she said stop.Gym was also small and dirty and flooded every time it rained!

[JournalistElect139]

Hi, sorry to drag up this old thread but I thought to post here than make another thread.

 

Im still with the gym that I signed up for, despite not visited it for nearly a year now. I was speaking to a mate, who said to maybe cancel my direct debit for the gym and see what happened. And low and behold Ive got a letter through the post.

 

You may have misunderstood about the 36 month contract but, unless they clearly mislead you, I don't see you have good grounds to challenge the contract.

 

In the circumstances, you may be better asking the gym mgt if they'd agree to vary your contract to 12 months, up to June, and you'll pay at the higher monthly rate of £18.50 for the whole year.

 

Get any agreement to vary or cancel the existing contract confirmed in writing - type it up and get the manager to sign or you'll then have them chasing when the 12 months is up.

 

Good luck with this.

 

What would be the best way to word a possible letter to them? Also, might be quicker to email them about it?

 

I really want to get rid of my three year deal or shorten it down. The former option will mean alot of hassle, so I was thinking of maybe writing a letter to Ashbourne, saying Im not satisfied with the facilities as its not what I originally was told, and that I want to end my deal which they wont do of course. So maybe it could be a case of negotiating and saying, I want my contract to end of June next year but Ill pass £18.50 rather than the 12.50 that Im currently paying?

 

I cannot believe a company like Ashbourne can get away with this, having read a few previous thread, seems its not only me whos stuck and lumbered with them.

Edited September 27, 2009 by JournalistElect139

[slick132]

Hi JE139,

 

I was thinking of maybe writing a letter to Ashbourne, saying Im not satisfied with the facilities as its not what I originally was told

I assume you saw the gym before you signed up. So you'll need to show that the facilities have diminished or deteriorated from when you first agreed to join.

 

And complaining about this a year later is not a strong start to your case.

 

Have you been through the contract to see if it looks valid - eg did it originally quote a 3 year term.

 

If there's a loan element to the membership, have you asked for sight of the credit agreement.

 

Playing Devil's Advocate here.

[JournalistElect139]

Yeah I know, its just Im not working atm so Im trying to save money here and there and its only £12.50 that they take out so it all builds up.

 

I definitely verbally agreed for a £12.50 a month for a year but just didnt read the fine print as well as I should have done and I kinda believed the guy when he was talking to me.

 

I was thinking of maybe taking a trip down to the gym, seeing what the condition of it is, in terms machines and seeing if it lives up to what it was when I originally signed. If not, could write to Ashbourne saying that its facilities arent what they are now when I first signed and haggle with them about nudging my length of the deal down and maybe paying abit more?

 

Im stumped atm, dont know what to do.

[slick132]

Hi JE,

 

You didn't answer my Q about whether you've been through the contract to see exactly how long you signed up for.

 

In the past, we've seen 12 months crossed out and changed to 36 months by hand !

 

Check and let us know.

[JournalistElect139]

Hi JE,

 

You didn't answer my Q about whether you've been through the contract to see exactly how long you signed up for.

 

In the past, we've seen 12 months crossed out and changed to 36 months by hand !

 

Check and let us know.

 

It does say 36 months, but verbally I was told it'd be for 12.50 for a year. And I remember thats the only reason why I signed, to use this small gym for a year then move onto another one...

[buzby]

Have to agree - you claim comes across as a desperate effort to get out of an otherwise legally-binding agreement for services that you fully and knowinlgy agreed to.

 

They'll know this, and cancelling your DDM is just a first step that will make the later stages messier, especially if they (like many other) gym's say they will provide details of your financial dealings to a credit reference agency. (You would have to have agreed to this, however.)

 

For ways out that are legitimate, read the contract for your rights to terminate and termnate early, there may be break points within the 36 months or other reasons you can use to speed up your departure,

 

Next time, don;t be so quick in entering into contracts that are not really that important.