Ashbourne management

[slick132]

Hi Rosie,

 

The advice from TS is technically correct. However, what you want to avoid is AM posting any adverse credit data against you. If they can't contact you further, they could do this as their closing shot.

 

I think you'd do better by having YM open any post from AM, seek advice from us and reply to AM as if it were still you writing.

 

Did you re-complain to the FOS.

 

Do you know roughly how long you'll be away.

 

Edited August 3, 2011 by slick132
typo

[MISSbubbles]

Just in case any of you hadnt spoken to AM in a few days I have just spoken to someone called Cheryl who advised that they are no longer allowed to hold people to contracts any longer than 12 MONTHS! This means that any contracts that were signed for three years are now VOID and you are only required to pay up to 12 MONTHS! May be worth looking into when this was passed as you may be able to claim some money back if you have been paying for anything over this time recently.

[slick132]

I'm pretty sure you'll not be entitled to claim any money back.

 

Nor do I agree that you'd have to pay the first 12 months' premiums of a contract longer than 12 months. If a contract is invalid, unfair or unenforceable, then you'd be unlikely to be bound by it's terms AT ALL.

 

It's certainly good news that AMSL are getting the idea that their 12+ Month Contracts are invalid but they still have more to learn, IMHO.

 

[rosiejones88]

Got another letter from AM today identical to the last few, saying to pay £111.00 etc. Morons. I leave in two weeks! =)

[slick132]

Hi Rosie,

 

Jeepers, these idiots just don't know when to give up. It's fairly clear either they don't or can't read letters. However, I suggest one final letter to them.

 

Dear sir or madam,

 

Despite my previous correspondence, you continue to make demands for payment based upon an agreement or contract which the High Court has deemed unenforceable.

 

As I have already told you, I will be leaving the UK at the end of August to travel for an unspecified time.

 

My mail will be monitored, as will my Credit Files.

 

If you cause any negative data to be made against my CRA files, action will be taken against you as per the case of Kpohraror -v- Woolwich Building Society.

 

Yours faithfully,

 

It's a shame Trading Standards could not or would not report AMSL's behaviour to the OFT as a breach of the High Court ruling.

 

Did you hear any more back from the FOS or did you not bother after they "lost" your earlier complaint.

 

It would be worth checking your CRA files when you return. If they have reported anything adverse, you should be able to sue AMSL for damages caused to your reputation.

 

Send us a postcard and have a fab time travelling.

 

[rosiejones88]

Hi Slick, I will send a letter ASAP. I actually have the letters from the FOS saying they have received the mail they claim to have not received. Fools. If I get chance, I'll give them a ring / mail them again (telling them they're idiots) and to let them know what's going on.

[42man]

Update on High Court order on Ashbourne - http://www.oft.gov.uk/news-and-updates/press/2011/92-11

[slick132]

Hi Rosie,

 

If you haven't already sent the letter I suggested in post #80, you should amend it as follows to take account of the latest news from the OFT about the High Court Order made concerning Ashbourne:-

 

Dear sir or madam,

 

Despite my previous correspondence, you continue to make demands for payment based upon an agreement or contract which the High Court has deemed unenforceable.

 

I assume you are now aware of the High Court Order made concerning Ashbourne as announced by the OFT on 19th August. The following quotes are from the OFT's Press Release:-

 

"Cavendish Elithorn, Senior Director of the OFT Goods and Consumer Group, said:

 

We are pleased that the enforcement order has been granted by the High Court....... This judgment and order make clear that businesses cannot hide behind contract terms to engage in intrinsically unfair commercial practices.

 

Gym companies should also be aware that trying to enforce illegal contract terms is a breach of the law and in certain circumstances they may have a duty to notify customers where their contract terms have been found to be illegal.

 

This case sends a clear signal to traders that the OFT and local trading standards services will not hesitate to take action to protect consumers.

 

Any consumer who feels that they have an unfair minimum term and wishes to end their contract should now feel able to challenge the terms with their gym."

 

I am therefore now confident in saying to you, that if you send me one single further demand for payment, I will personally take court action against you, as well as asking the authorities to investigate your continued Contempt of Court.

 

As I have already told you, I will be leaving the UK at the end of August to travel for an unspecified time.

 

My mail will be monitored, as will my Credit Files.

 

If you cause any negative data to be made against my CRA files, action will be taken against you as per the case of Kpohraror -v- Woolwich Building Society.

 

Yours faithfully,

[rosiejones88]

Hi- my last post!

 

I have in the last few weeks received more letters all identical "Pay £111.00 etc". I have now sent my final letter to AM, and am leaving tomorrow =D Wooohooo.

 

My mum will be monitoring my mail, and may post on here if required.

 

Thanks for all your help during this time.

 

I'm leavingggg on a jet plaaaaane

[slick132]

Aww Rosie, I'm gonna miss you !!

 

As said before, YM is very welcome to post here if AMSL continue to harass for payment.

 

Have a great trip

[slick132]

Hi Rosie,

 

I know you're away now but hope you or YM will see this and respond.

 

Further to my last post, I have this morning spoken to the OFT and made them aware of the continued disregard shown by AMSL for the High Court ruling, in your case and others here on CAG.

 

Because of the Enforcement Order made by the High Court in August, the OFT can review the cases we have here to see if AMSL have, in fact, acted improperly in pursuing individuals whose contracts are deemed unenforceable.

 

Senior staff may gather info from you and others here on CAG in the form of witness statements to enable them to consider if further action against AMSL is appropriate.

 

They may want certain details from you and copy documents and letters so they can consider these cases, although they will not be able to intervene in individual cases.

 

We hope that, by individuals providing the OFT with whatever info they require, the OFT may then be able to take action against AMSL if it is deemed appropriate.

 

I will send you contact details by PM later. Please use them to contact the OFT direct.

 

I hope this may a real step towards kerbing AMSL's aggressive tactics and (what I consider to be) blatant disregard for the High Court.

 

Edited September 19, 2011 by slick132
Change re what the OFT can do for individuals

[slick132]

Hi Rosie,

 

Please let us know if you (or YM in your absence) are willing to co-operate with the OFT's review of AMSL's recent practices.

 

[rosiejones88]

Hi Slick, sorry for the late reply. Yes I am willing to help in every way.

 

Also, I am now back in England after being fasley arrested and deported from Thailand (see my threads in the insurance forum and the holiday and airline forum). MUCH TRAUMA.

[slick132]

Hi Rosie and it's great to see you're back and not banged up in a Thai jailhouse !!

 

Once you've got your AMSL stuff together, let me know.

 

Have AMSL continued to seek payments at all while you were away?

 

[rosiejones88]

Yes I have everything in order, I got another 4 identical letters from AM since I was away.

[slick132]

Good, I will send you the OFT contact details by PM.

 

[rosiejones88]

Hello everyone, long time no talk! So I got back to England this week after being away for a year (had an amazing time visiting 17 countries - now I'm just back for a Christmas holiday before moving back to Perth!) and had a lovely pile of mail waiting for me. I actually had around 25 letters all from Ashbourne Management, all saying the exact same thing. Basically they say "You owe us money, we're going to take legal action unless you pay 111.00 pounds within seven days." Now, if my calculations are correct, that's a whole lot of seven days that have gone by, and Ashbourne have yet to take this supposed legal action they have been threatening me with for over two years!

 

When my fiancé left the gym we were at, a few weeks before he left, he simply hand wrote a letter to Ashbourne Saying he was leaving the country, goodbye - pretty brief! As soon as their first harassing letter arrived through the door at my mum's house, she wrote 'not at this address' on the envelope, sent it back, and never heard from them again. Our credit ratings have never been affected by Ashbourne, and it is obvious now that their incessant threats are idle, and they have wasted a LOT of paper.

[slick132]

Hi Rosie - good to have you back with us and I hope you had a really fab trip.

 

What was the last date the wrote to you.

 

It rather looks like their threats are idle ones, if they've taken now action yet !