MayNorman2000 -v- Ashbourne Management

[maynorman2000]

Reading all these threads is giving me some optimism.

 

My case with Ashbourne started earlier this year.

 

I joined a local gym in May 2009. I went regularly - twice a week. In February this year (2010), I turn up to the gym to only find it locked up. The receptionist said that they'd 'done a bunk' overnight - apparently issues with rent. I left it a few days, went back, just in case there was a mixed up - but no the gym had gone. So I read my contract and under section 5. Termination it read.....

This agreement may be terminated at any time by either party if a condition of the agreement is breached as set out below.

You may terminated this agreement at any time if we do not provide the facilities or the services you may reasonably expect and (a) we have fallen well below that standard

I therefore cancelled my direct debit.

 

I also had no correspondence from the gym or Ashbourne to state what had happened.

 

Then in July, I receive a letter from Ashbourne saying I owe then £363 pounds. I wrote to them, explaining the situation but had nothing back. Then today, I receive another letter saying that they've not heard from me, I still need to pay the £363, and that they've now instigated Default Registration.

 

To top it off, the owners of my old gym appear to have opened up another one, under a different name. The letters i'm receiving from Ashbourne say that I am a member of this new gym. I am not! I've never heard of it, let alone been to it!

 

I've sent them a second letter, again explaining all this. But what now? Reading some of these and other threads suggest that they ignore them and will keep writing to me. I have an excellent credit rating - and I am worried that this will affect that.

 

Does anyone have any suggestions to what I do now? I'm stressed out by all this and want it to stop - but I refuse to pay up, when I was in my own rights to cancel my direct debit

 

Help please x

[slick132]

Hi MayNorman and welcome to CAG.

 

I've moved your post into your own thread to avoid hijacking.

 

Read other threads here for guidance on how to proceed.

 

Fatdog's thread, where you originally posted, tells you about Ashbourne and you should take comfort from Fatdog's comments.

[fatdog]

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 threat of court action should they register a default against you.

No doubt they will ignore you and do that anyway. As soon as they do, issue a court proceeding against them and get it removed and request provable damages.

Best of luck - not that you'll need much!