Ashbourne managment

[sleepy jean]

I am new to this site and have been reading some threads that you have answered to about asbourne management. I could do with your knowledge on these matters.

I was bought a gym membership from this company for my birthday over a year ago and have never used it.The person that bought it for me stopped paying the monthly fee.

My problem is that they have harassed me so much with letters saying a default had been registered against me with a credit reference agency and that I was now classified as a credit risk that I caved in and given them the money. The thing is the credit agreement was not in my name as it was bought by someone else, also I have checked with experian and there is no such default on my records. I now feel they have fraudulently taken money from me.

Is there anything I can do about this.

Any help will be greatly appreciated as I can not afford the £480.00 they have taken.

If in any way this works out I would more than gladly make a donation to the site.

I would have put this on a thread but as I have just joined I could not be sure you would find it.

Kindest Regards,

Jean

[slick132]

Hi Sleepy Jean and thanks for starting this thread as asked.

 

This is an unusual case, but quite simple too.

 

We normally see people who have signed a contract being forced into continuing with m/ship for longer than they want or can afford.

 

But, in your case, there was no agreement or contract. Accordingly, Ashbourne have demanded money from you which you never owed and you will reclaim every penny from them. If you have to file a court claim against them, you will claim 8% Statutory Interest on top.

 

This is a simple and relatively inexpensive process and we can help you. I'll draft a letter to send to Ashbourne to start the ball rolling.

 

But can you firstly confirm:-

 

1. That the m/ship gift was paid for by a 3rd party.

 

2. That you never signed any m/ship agreement or credit agreement.

 

3. When did they start chasing you for fees.

 

4. Have you kept all demands or letters from Ashbourne or any Debt Collection Agency.

 

8)

[sleepy jean]

Thanks slick132,

I never signed any credit agreement, will check but think I may have signed a membership form????

I have kept most of there letters and will check on dates and get back to you.

Thanks again

[sleepy jean]

Oh and yes it was bought by a third party as a gift...

[slick132]

Hi SJ,

 

Let us know whether you signed any m/ship forms as this may be important.

 

If you have a copy of whatever was signed, post it here or link to it after hiding your personal data. This guide tells you how to put documents onto your thread - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Can you confirm what gym the m/ship was for.

8-)

[sleepy jean]

Hi slick still sifting through my paperwork to find membership it was for miracles gym in Alverstoke I have a nasty feeling that I signed the membership form though.

[sleepy jean]

Hi slick

As I have been moving still could not find paper work so I have written to them asking for a copy of all relevant forms. Will get back to you asap... Thanks

[sleepy jean]

Hi Slick, Wrote to them on the 4th October asking for copies of membership forms and credit agreements ect that they hold, I included a £1.00 postal order but am still to hear anything back.Any advice on what I should do now?????

[slick132]

Hi SJ,

 

Hmm, they may respond saying you have to pay £10 if you've made a SAR.

 

A CCA request costs £1 but this is only relevant if there was a formal credit agreement involved.

 

Did you send either a formal SAR or CCA request.

 

In any event I suggest you now wait for their response.

 

You need to check your credit reference files. If they have, in fact, registered a Default or any negative entry against you, you should challenge this saying you dispute the entry due to inadequate documentation held by Ashbourne. Accordingly, your file should be marked to show there is a dispute regarding this matter. A letter about this must go to any credit reference agency that has posted negative data.

 

8)

[sleepy jean]

Hi Slick, I sent a CCA req with a postal order as I know there credit form does not have my name on it as it was supposed to be a birthday present, but still they harrassed me for the money. Will let you know any reply. Thanks again:wink:

[sleepy jean]

Hi Slick, I have received a photocopy of the membership form no Tc`s

on the back. I have signed the membership form and the direct debit instruction is signed by the person that bought me the membership as a birthday gift. ???? Any ideas

[slick132]

It'd be best if you can show us whatever you have signed. Hide the personal data first and then put it here on your thread.

 

Are you quite certain it is your signature on the document.

 

8)

[sleepy jean]

Hi Slick how do I put it on here ?????

[sillygirl1]

The OFT have upheld a complaint against this company, its in the press releases on the OFT site.... complain to them and you may be surprised.

[sleepy jean]

[sleepy jean]

Thank you sillygirl1 that could be most helpfull

[sleepy jean]

OOOOOOH so the OFT are seeking a court order against them This could be good for me

[slick132]

HI SJ,

 

The image above is too small to see.

 

Follow the guide which I linked in post #5 and either copy the image onto your thread or give us a link to it using Photobucket or Flicker, etc.

 

8)

[sleepy jean]

[sleepy jean]

Hi slick need to have 20 posts before I can upload link from photo bucket

[sleepy jean]

so Im gonna add a couple of smilies

[sleepy jean]

8-) and again so now Im gonna have another go

[sleepy jean]

[slick132]

Yippeee, we can now see the membership form.

 

It is clear the initial m/ship was for 12 months only. This, of course, was paid by the person that gave you the year's m/ship as a pressie.

 

1. Do you have any letters or demands in writing regarding the £480 extra you paid.

 

2. I recall that you paid because they threatened to register a default and "make you a credit risk". Why did you agree to pay £480 which is a full year's m/ship, instead of 1 month or 2 months and then cancel.

 

3. If there's nothing in writing, please recall as best you can exactly what was said that made you pay a further full year's m/ship.

 

8-)

[danny880]

Interesting reading