Waddy1952 -v- Ashbourne Mgt

[waddy1952]

Hi

I am also new to this site, but after reading all the postings about Ashbourne I'm wondering if anyone can give me some advise.

I joined a local gym back in March of this year on a 3 year promotional membership. My main reason for joining was not to get the 'body beautiful' but to remain as mobile as possible, due to the fact that I am suffereing from Osteoarthritis. As my mother and grandmother all suffered from the same problem and ended up in a wheelchair, I wanted to try and remain 'functioning' for as long as possible.

All was going well until June when I was back in hospital for further treatment on my back (I have had in the past both back and foot operations due to my health problems) after recovering from from the latest treatment, I had a long discussion with my GP about my long term health prospects and it was clear that I could expect continued deterioration. As I am now 58 years old I made the decision to retire from my job, so that I would be able to at least enjoy some retirement time before it became difficult for me to get around. As my husband retired in August this year (age 65) it seemed to make sense.

We have of course taken quite a drop in our income, but we both agreed there was more to life than money.

I now have just over £100 a week from my private pension and my husband gets his State Pension. We have therefore cut out all unnecessary expenses.

I wrote to Ashbourne to explain my reduced circumstances and my inability to continue paying my monthly fee. I asked if they would please cancel my membership.

The reply I received basically said they could not cancel my membership and that I would have to continue to pay. They also state that if I do not pay they will register my name as a defaulter and I will then have a bad credit record.

I do not envisage me ever needing credit again, so that is not an issue, but surely they cannot expect to get blood out of a stone.

I have yet again received another letter demanding money ( I have cancelled my direct debit) but before I reply I would like to know where/what my rights might be.

Many Thanks

Waddy

[Conniff]

Hi

The reply I received basically said they could not cancel my membership and that I would have to continue to pay. They also state that if I do not pay they will register my name as a defaulter and I will then have a bad credit record.

Waddy

 

How my heart bleeds for you. They say they will register you name with the CRAs because they know they have no hope in hell of a court upholding this should they be stupid enough to try.

 

Their so called contracts are illegal under the unfair terms in consumer contracts regulations. If you really can't see that you will ever need credit in the future then your problem is solved, just ignore and then file away (don't ditch) any letters you receive from them.

If you want, you can send a letter from your doctor saying that he has advised that all physical activity should cease. If your doctor wants to make a charge for this letter (which they are entitled to do), then you can tell them what the doctor said and advise that if they want a letter direct, then they must pay for it.

 

Don't let them frighten you Waddy, they will try by saying they will send bailiffs etc, but they can't do that as only courts can send bailiffs.

 

That is my advice and what I would personally do.

 

If you receive threatening letters from Ashbournes then you should forward a copy to the OFT.

Edited October 14, 2010 by Conniff

[waddy1952]

Hi Conniff,

I can't really get a letter from my GP as it's not my inability to do physical exercise, more my inability to keep on paying now I'm no longer working. I have rung their Customer Services dept (as stated on the bottom of their last letter) for advise on what to do and they were as much help as a chocolate fireguard!

Would you advise me to write to them regarding their 'illegal and unfair contracts'? or just ignore any further letters apart from filing them? Incidently, they have even text me and rung me at home.

Thanks

[Conniff]

Would you like to scan and post this contract here or failing that, type it into here word for word.

[slick132]

I Waddy,

 

I've moved your posts and Conniff's replies into your own thread, which you can use from here on.

 

Post up a copy of the "agreement" if you can. See here for guidance on how to do this - http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

Read other threads here about Asbourne to see how others have dealt with them. This one in particular - http://www.consumeractiongroup.co.uk/forum/showthread.php?268101-Ashbourne-Management-Everything-You-NEED-To-Know!!

 

They will bully and pressure you - stand up for yourself as they probably have no authority to demand any money from you.

 

[waddy1952]

Hi, Sorry I took so long to reply, as the thread had been moved, I'd didn't know where to find your reply. I have scanned the 'contract' as you can see (I hope, not very good with tec stuff I'm afraid.) Some of it isn't very clear I'm sorry to say.I have received another letter in this morning's post on much the same lines as the others. I'm now getting really worried, as apart from these people I do not owe anyone a single penny.

Hope you can help me.

Regards Waddy

Edited October 16, 2010 by slick132
name edited for anonymity

[slick132]

Hi Waddy,

 

The linked documents are too small to read. Please read the link I posted in my 2nd paragraph above about how to put documents onto Photobucket. It's important that we are able to read them.

 

Please try not to worry about Ashbourne - we will help you deal with them and you may well find you owe them nothing further, depending on the documents.

 

8-)

[waddy1952]

Hi, struggled a bit with this so hoe you can read it this time. Any help would be appreciated to get these people off my back. if you still have a problem I think the best for me to do is type it word for word. Technology and I don't always get on I'm afraid.

Regards Julia

Edited October 17, 2010 by waddy1952
add more text

[slick132]

Hi Waddy,

 

Still cannot read so please upload doc'ts to Photobucket and post us a link to it.

 

Or read more about how to post an image into a post direct in the Idiot's Guide I gave before.

 

Not sure how but you can add images to a post using this tool from the Toolbar above, 7th from the right -

[waddy1952]

Sorry, managed to save to Photobox, but still can't get the images to transfere to email here. Will keep trying.

Regards Waddy

[slick132]

Hi Waddy,

 

I'm not very good with these things either.

 

I think you upload the doc'ts onto Photobucket. When that's done, you can either:-

 

1. Copy the URL from the top of your Photobucket page and copy it here as a link so we can go to see the doc'ts on Photobucket.

 

2. Copy the documents one at a time from Photobucket and put them on here using the INSERT IMAGE button which I mentioned earlier.

 

Please make sure any of your personal details are hidden before you show the doc'ts to us.

 

8)

[waddy1952]

PLEASE, tell me what to do. The reply I'm trying to send has resulted in a pop up message, which states I must have a post count of 20 or greater. I need to remove links from my message before submitting my post. How do I do that???

[slick132]

Hi Waddy,

 

Please see my PM sent to you. Send the scanned doc'ts to me and I'll try and post them up for you.

 

[slick132]

I'll try posting your documents here now:-

 

Edited October 19, 2010 by slick132

[slick132]

 

Phew.... there ya go !!

[slick132]

Hi Waddy,

 

Have you read other threads here yet, about Ashbourne and other gyms. You should do.

 

Have a read here in particular - http://www.consumeractiongroup.co.uk/forum/showthread.php?277964-crs-gym-online-membership&p=3168305&viewfull=1#post3168305

 

8-)

[waddy1952]

Hi Slick,

I've read most of the posts regarding Ashbourne, but as they're not quite the same as my position I'm not sure how I stand. Should I write to them again (I've already written about my situation twice and asked for my membership to be cancelled) and point out that their conditions are unacceptable in a court etc etc??

Thanks

Waddy

[slick132]

If you've read the thread that I linked you to, you'll see the OFT are taking Ashbourne to the High Court about their operations.

 

I also think you should refer to your medical conditions (but only generally) and say your GP has advised you to discontinue your exercise regime on medical grounds. Ask your GP to confirm this for you in writing, as this will make a better case for you than just the financial problems.

 

So you could write to Ashbourne as follows but adapt as necessary:-

 

Dear sir or madam,

 

I have previously written to you on xxdate to confirm I am unable to continue with my membership at Fitness Studio in xxxxtown. I have medical conditions which have forced me to retire and have left me unable to use your facilities. My retirement also leaves me unable to pay ongoing membership fees.

 

I am also now aware that the OFT are taking Ashbourne to the High Court because your membership contacts are, in fact, credit agreements.

 

Accordingly I will not be paying further fees to you and you have no basis in law to demand further fees from me. My Direct Debit mandate has been cancelled and I withdraw my permission for you to take further payments.

 

If you, or your appointed debt collection agents, make any further demands of me, I will report the matter to the OFT.

 

If you make any adverse report to any Credit Reference Agency, I will take action against you and seek compensation.

 

If you or your agent decide to take court action against me, it will be vigorously defended.

 

Yours faithfully,

 

Waddy

[waddy1952]

Hi Slick,

Thanks for the advice. I have now written the letter as advised and posted it. Let's hope that's the last I hear from them. Somehow, I don't think it will be.

Regards

Waddy

[Conniff]

I agree with Slick on the letter. It's a good idea to let them know that you are aware of the pending High Court case.

 

All was going well until June when I was back in hospital for further treatment on my back (I have had in the past both back and foot operations due to my health problems) after recovering from from the latest treatment, I had a long discussion with my GP about my long term health prospects and it was clear that I could expect continued deterioration. As I am now 58 years old I made the decision to retire from my job, so that I would be able to at least enjoy some retirement time before it became difficult for me to get around. As my husband retired in August this year (age 65) it seemed to make sense.

 

All you have to do is see the doc and tell him you are struggling and don't think you can continue and ask for a letter saying you have a deteriorating condition not conducive with continuing physical exercise. That is all they need to know.

[waddy1952]

Hi Conniff,

I'll hold on a bit before I ask the GP for a letter as I know my doctor's practice charges for letters such as this. Lets hope I won't need it.

[waddy1952]

Hi Gagger,

Going to the doc's wouldn't do mch good. For a start, he would encourage me to do some exercise (the main reason I went to the gym in the first place) Secondly he charges for any type of letter, not related to treating a medical condition, and he's not cheap.

Unfortunately, as I feared Ashbourne are not letting go. I have received yet another letter today and they have up'd the anti. Their last letter asked for what they claimed were my arrears on my monthly payments. The latest letter is now claiming the whole of my remaining membership, plus admin costs, unless I reinstate the direct debit and send them £51 immediately. Failure to do so will result in them registering my 'debt' to a Credit Reference Agency. I feel like sending them a cheque for the full amount, it will just about clean me out, but at least I'll get them off my back.

[Conniff]

Do not pay this fee. This is pure out and out Blackmail' and if they thought they could get it any other way they would have said so or issued a court summons instead of making this despicable attempt to extort money with menaces.

 

You should send a copy of this to the OFT with all haste.

[waddy1952]

Thanks for that, you've made me feeel much better. How do I send a copy to OFT?

[Conniff]

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX