GirlFriday -v- Ashbourne Gym

[girl friday]

Hi all, Ive just got off the phone with this bunch, what a downright rude customer service policy they use !

I signed up in Jan 09, prior to signing i had a good chat with the girl who signed me up about my bad health and long term med conditions. She assured me that they could 'hold' the membership if i was too ill to use the gym. Also it would be ok to cancel if i provide a doctors note.

4 months into the contract and ive only been able to access the gym 4 times. I would love to be able to use it every day, but im stuck with health probs which have been exasperated by using the facilities.

I rang them on monday morning and asked them to hold the membership. This was met with a snigger and a very patronising explanation that they didnt do that. I argued that I had been assured that this was possible, that it had been one of the reasons why i had taken up the membership. This was met with further sniggering and they stated that i was tied in for 3 yrs and they didnt have to release me at all, even if i produced the medical proof. I cancelled the direct debit and began to compose a letter to them.

Two days later (today) i get a letter through the post from them, stating that i have an outstanding balance of £23 and giving different methods of payment. I rang them and warned the person i was speaking to that they were being recorded and they said they said it was fine to record. (I had set up my dictafone recorder and recorded the conversation). They then launched into the steps they would take against me to recover anything they regarded as being owed to them. They also said they would enter me on the debtors registry thingy. When i said i didnt use credit as a rule, she sniggered and said well if you ever move house or try to get a mortgage it will stop you from doing that. I again offered to send a recent medical report from my Professor and they refused it, I told her I would send my latest sicknote and they refused that too. I queried the fact that the sicknote was good enough for a government agency (benefits service) yet not good enough for them. She just flat out refused it so i asked if they were above the government then ? Guess i'll have to stump up for the cost of the letter from my GP then..

I can see I'm heading for a whole heap of hassle with this company. I'm a stubborn sod when I feel ive been duped. Ideally I'd like them to just accept that their agent mis-sold the membership to me, that the contract is frustrated and is therefore at an end. But thats not going to happen with this bunch. I would love to get them into court and have their T&C's interpreted by a judge. I know all the medical evidence i have to hand right now would satisfy a court of law, but apparently, Ashbourne are a law unto themselves.

[slick132]

Hi GF,

 

I've started you a new thread for your post, to avoid hijacking another's thread.

 

Whilst the discussions you had with the staff member before joining are important in your case, so is the contract which I assume you signed.

 

Did it state that you are signing for 3 years, or is this an amendment on the contract.

 

Does it mention about how you should provide any medical proof of your inability to use the facility.

 

[girl friday]

Hi again. I cant find the copy of the contract !

I believe i signed a three year contract, as i signed it the girl who signed me up was very reassuring that if there was a problem concerning my health, they would end the contract with medical proof. She didnt explain what type of proof and i foolishly believed her. She actually said 'I shouldnt tell you this, but if you need to cancel your membership, just provide medical evidence'

I must lead a sheltered life, I believed her, and relied on her promises. How dumb am I ?

So much for getting fit, this type of stress is even more unhealthy than a few extra pounds.

 

My message to anyone considering gym membership is to join for the shortest period of time possible and see what you think before committing to a longer term contract.

[Conniff]

You may be jumping the gun here a bit. They have asked for medical evidence and you haven't as yet provided it:

Guess i'll have to stump up for the cost of the letter from my GP then..

 

Get the certificate from your doctor and send it in (recorded) or take it in and then see what they have to say or if they still refuse to terminate the contract.

[shakespeare62]

Fear not Girl Friday,

 

Please see my #post 4 and #post 5 on the link below regarding health clubs.

http://http://www.consumeractiongroup.co.uk/forum/general-consumer-issues/191751-gym-contract.html#post2072568

 

There is another link here about negotiating :-

http://www.consumeractiongroup.co.uk/forum/legal-issues/173689-gym-membership.html#post1882183

 

Here is a sample letter as a 'starter for 10' which you can adapt to suit your circumstances. I would certainly ask them for a copy of the contract.

 

You are not denying you are using the club, but you will want to see the alleged contract to determine whether the terms and conditions were in breach of OFT Health Club guidelines.

 

I believe under the guidelines you may have a strong case for a full or partial refund on health grounds, also you were minsinformed by the saleperson regarding this ....

 

see letter below

 

'Shakey

 

---------

Your Address

 

[Gym Address]

 

By Fax no: XXXX - XXX - XXX and post

IMPORTANT

[DATE]

 

 

FTAO : [CONTACT NAME]

 

Your ref: XXXX

Membership no. XXXXX

 

ACCOUNT IN DISPUTE Re : -

Breaches of Data Protection Act 1998,

Office Of Fair Trading Debt Collection Guidelines (OFT 664),

Consumer Protection Against Unfair Trading Agreements 2008 (CPUTR 2008)

Guidance on unfair terms in health and fitness club agreements (OFT 373)

 

 

Dear [NAME]

 

I refer to your letter dated [DATE]

 

As I understand it, this is in relation to an alleged breach of contract with [CLUB NAME]

 

With reference to CPR pre-action behaviour requirements I request that you supply me with copies of the following documents:

 

[1] A copy of the purported signed membership agreement, incorporating the terms and conditions.

 

[2] A statement showing a breakdown of the alleged debt balance including the amounts and dates of any payments you aver have been due.

 

May I draw you attention to the Office Of Fair Trading Guidance on unfair terms in health and fitness club agreements (OFT 373) including section 5.5 Circumstances beyond a members control :-

 

quote :-

 

Circumstances beyond a member’s control

5.5 The fairest terms allow members to transfer their membership or to cancel the

contract without penalty if the member, for example, has to relocate, or has suffered

redundancy, or has a medical condition that prevents his use of the gym. Such

terms take positive account of the interests of the member.

 

As you are aware I have been unable to use your club's facilities due to ill health.

I believe I was substantially misled by your sales rep when joining your club and this represents further breaches of the above OFT guidelines. Specifically your sale rep categorically informed me that there would be no penalty if I needed to cancel membership due to ill health.

Should you elect to ignore my request and commence proceedings, it is likely that I shall repeat my request for the provision of documents under Civil Procedure Rules. In the event that you fail to comply with Civil Procedure Rules, I will not hesitate in making an application to the court for an order that further proceedings upon the claim be stayed pending provision of the requisite documents, in the course of which application I will of course refer to this and previous requests for the provision of copy documents.

 

I will also consider reporting you to the Office Of Fair Trading and Trading Standards to request a review of your licence.

 

I look forward to hearing from you.

 

Yours sincerely,

 

[your name] (Don’t sign the letter – just print your name (we don’t want them to photocopy your signature and copy and paste it etc.)

 

---------

Edited April 11, 2009 by shakespeare62
improved layout

[Conniff]

That letter looks a little premature shakespeare as I don't see that a court summons has been issued or threatened yet.

[shakespeare62]

The above letter is just an example - you can amend it as you wish.

 

I would send a copy to the Manager of the Club and also to their Head Office if they have one. As a minimum, obtain proof of posting by A Certificate Of Posting (a free slip from the Post Office Counter - which is stamped when you post your letter), or if possible send by recorded delivery.

[shakespeare62]

That letter looks a little premature shakespeare as I don't see that a court summons has been issued or threatened yet.

 

Yes quite so, you can remove the 2 paragraphs about Civil Procedure Rules pre action behaviour. The letter is just a starting point. Hopefully Girl Friday can get more advice from people on here.

 

I would still request the membership copy agreement though, as well as statements etc. and leave in references to the OFT and Trading standards.....

[girl friday]

Hello all

Thanks for your posts, I feel very supported.

When i first heard of this gym it was by way of a leaflet through the letter box. I was drawn to it because it seemed a very reasonable price. I rang and made an appointment with Emily who told me i needed to jump on board quick as the special offer memberships were limited. During our initial interview i explained about my weird muscular conditions and my ability to dislocate shoulders (indeed any joint) and stressed that i wasnt sure a gym was right for me. She assured me that it was worth trying and as i stated above, told me quietly on the side that medical proof could cancel the membership.

We then moved onto the price, and she explained that upfront payment would get me a cheaper membership. I'm not able to shell out a lump sum like that so she suggested that i take the £13 per month. She did say it was for 3 yrs but i "should see how i went on". I didnt decide there and then. I think she was a bit cheesed off that i refused to commit, she started saying "you need to decide quick because the special offer memberships are going fast" I promised i would be in touch when i had looked at my outgoings etc. i looked at my finances and the figures fitted ok. Rang back the next day and made arrangements to go back and sign.

When i went back (23/1/09), she was all smiles and appeared with the contract. She then asked me to turn over the contract and read the section on my rights (6) as you may know this is in regard to personal injury or death as a result of negligence. i read and she smiled and said could i initial it, which i did.

she then took back the contract and pointed to the signature areas on the front and asked me to sign them. It all seemed a bit rushed and the contract vanished as soon as i'd signed it. I received the duplicate yellow copy i have now around the 18th Feb,

I have just found my yellow copy of the contract. It does indeed state 36 months at £13 pm.

I thought that a credit agreement entitled a cooling off period, of 14 days? if so then shouldnt i have had the copy of the contract immediatly after i signed?

[girl friday]

Hi all

Ive been perusing my contract and i see that it states that if i miss a payment by DD or cheque or any other form of payment they are then entitled to charge a administration fee of £5.50.

This is different to what i was verbally told via the phone a few days ago. The amount the 'delightful' woman told me over the phone was £10 admin fee added on top of any missed payments. (i have a full recording of this convo)

After looking through other threads on Ashbourne, I'm dismayed that such a company is operating. I'm even more dismayed that I've been duped into the contract.

I'm tempted to ring and get further info on the person who signed me up, she did afterall, induce me to sign. She lied.. plain and simple.

Also, when i signed i had explained that i needed to try to regain muscle tone and have better upper body strength. The instructor just kept putting me on the treadmill, bike and rowing machine, i had to ask for instruction on using some of the wieghts machinery. I was also promised a personalised exercise programme but that was never offered again after the first use of the gym.

Another issue is the access to the gym, its up on the third floor of an old mill. When i joined, i was able to get upstairs ok if i took my time. Now i'm having a flare up of symptoms and i know i would struggle with the steep steps. I feel like my health has gone backwards !

[slick132]

hi GF,

 

As I see it, you signed a 3 year contract. You should have paid more attention to reading the contract and less time listening to the fibbing employee. You'll know better next time.

 

I agree with Conniff - get the Doc's Cert and send a copy to the gym, saying for medical reasons, you require the cancellation of the m/ship and have cancelled you DD with the bank.

 

You can add that you were blatantly mis-led by the enrolloing employee about cancelling and would argue on that basis but you have no need because of you medical condition.

 

Keep any recordings of the tel cons in case you need them. But forget trying to get any further info on the enrolling employee as this is not likely to help your case.

[girl friday]

Hey all

Sorry it's been so long since I last posted on this thread.

I managed to get a Dr's letter (free because GP was disgusted at their lies) and then rang and spoke very nicely to someone in acounts and managed to get a promise that the letter would cancel my 3 yr contract and that I wouldn't have to give a months notice etc. 3 months on and I haven't received anything from them so it looks like it worked ok.

 

Just wanted to say thank you everyone for offering your advice and time to answer my post

 

I learned a good lesson with all this - sod the gym, I got a dog!

Edited December 8, 2009 by girl friday
typos

[Conniff]

That is really good news and so nice that you came back to tell us, so many just disappear.

[slick132]

Hi GF,

 

Thanks for the update and glad to hear it was resolved.

 

Enjoy the dog-walking !!

[42man]

OFT seeks court order against gym management company - The Office of Fair Trading

[slick132]

Well spotted 42man !!