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Have they logged anything on your credit file? I'd be double checking that 1st. Now their threats are a little toothless to try to demand anything further from you... 1st place you'd report them is the OFT!

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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Anything more from them, I'd check the harassment letter from the library.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

Or send a cheque or postal order payable to Reclaim the Right Ltd.

to

923 Finchley Road London NW11 7PE

 

 

Click here if you fancy an email address that shows you mean business! (only £6 and that will really help CAG)

 

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HI Rosie,

 

I've yet to go through the ruling closely but, in any event, it's clear that AML are scuppered as regards their earlier contracts.

 

We really need to identify which contracts the court decided were rubbish, so we can tell AML not to bother pursuing payments for these at all.

 

We'll be working on this over the next few days, but, if you find any useful sources of info, let us know.

 

8-)

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  • 3 weeks later...

Hi all.... I just spent ages typing up a response, but pressed 'reply to thread' instead of 'post quick reply' which meant it was all deleted, noooo! So here I go again....

 

I today received further harrassing correspondence from AM stating the following:

We refer to our previous correspondence and note that we still have not received a payment from you.

 

Today we have instigated Default Registration of your debt with a Credit Reference Agency. Default Registration could affect every aspect of your financial life, classifying you as a credit risk with financial institutions. The credit worthiness of individuals is being scrutinised more than ever before, so the consequences of this could be severe.

 

However, if you pay £-33.00 immediately, this Default Registration will be erased from the Credit Reference Agency's records. If you do not, registration will be confirmed and this could affect your credit rating for the next six years.

 

So...

1) Do you think the '-' before £33.00 was a typo? What else would that mean?

2) What should I do now, how can I respond? My credit file is fine, I have checked it, but obviously do not want it to be affected.

3) I hate AM

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Hi Rosie,

 

Check out the link to the OFT Summary of the High Court ruling here - http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-current/ashbourne/

 

You should be able to identify your contract to see if it's thought to be enforceable or not.

 

If I recall correctly, yours was a 36 month contract and should therefore be seen as NOT enforceable.

 

If this is the case, write to AML saying:-

 

I refer to your letter of xxdate.

 

Following the High Court ruling in the case brought against you by the OFT, my contract is deemed unenforceable because it was initially for 36 months. In the opinion of HHJ Kitchin, contracts of this length are unfair to the consumer.

 

I also dispute the contract as I was clearly told by your agent that I could leave the gym at any time without penalty.

 

Accordingly, take notice that I will take action against Ashbourne if you make, or cause to be made, any adverse credit marker, Default or anything else defamatory to my credit records. This will involve court action if necessary and you should be aware of the case of Kpohraror -v- Woolwich Building Society.

 

I will also contact the OFT and Trading Standards to make them aware that you are effectively ignoring the High Court's ruling in this matter.

 

:wink:

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You're V welcome but please also check out the High Court ruling.

 

:wink:

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Thanks Slick, I have read through it all and just about make sense of it all.

 

I sent the letter you suggested to AM on Monday (1st class recorded delivery), and already have a reply... well 2 actually. The first letter says exactly the same as the previous harrassing letter they sent, with one change; insted of "if you pay £-33.00 immediately" it says "if you pay £399.00 immediately." The second letter is a hand written AM compliment slip saying "Please call Ashbourne on the number below as soon as possibly to discuss your account." I obviously haven't phoned them as I want everything in writing, but it seems a bit stupid that they sent me the two separate letters at the same time. And after eight months, they are still failing to address my issues in any way.

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Hi Rosie,

 

I think we now have to move this up a notch.

 

Don't write back to AML as they are clearly unable to read letters properly or they are unwilling to recognise that what you say has any merit.

 

If they continue to harass for payment, you can take action by reporting them to the relevant authorities. You could also take them to court seeking damages for their actions.

 

If they make any adverse credit markers against your Credit Records, you can take court action against them seeking compensation for damage to your reputation.

 

If it comes to it, would you be willing to take such court action, if we give you guidance on what to do.

 

:-)

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Hi Slick,

 

Yes I would be willing... I am just worried because I'm leaving in September, and won't be back for a few years. However, my mum said she would happily represent me in court, and take over everything for me. I have already reported them to the ICO (when they sent me someone else's personal info by mistake). It is wise to complain to the FOS about them again?

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Stupid me!

 

Of course, I now remember you are going off travelling for a while with your partner. This was mentioned when your thread started in January.

 

Unfortunately, your mum cannot represent you in court in your absence.

 

I suggest you see if AML make any further move. When they do, go to the FOS, Trading Standards and the OFT with formal complaints. You'd not normally complain to the OFT as they don't deal with individual cases. However, they should be made aware of AML's behaviour, even if they can't intervene on your behalf.

 

YM can continue to handle complaints on your behalf in your absence. She can use your thread here for continued support.

 

:wink:

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I think I'm about to embark on a similar ordeal. I too am going to be leaving the country, in July, so I don't know if I'll be able to fight a long drawn out correspondence battle. I will if need be though.

 

I have a question though: what happens if after the first few letters you just ignore them? It seems that it just goes round in circles pointlessly. What will happen if you just ignore them slick?

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Hi Mh,

 

I've replied to this on the thread you've started.

 

:wink:

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Does anyone know if AM are appealing the judgement yet? The time limit must be close to expiring if not expired?

srfrench :eek:

 

Fight incompetance, stupidity, greed and unfairness......There's no excuse and no place for it in society, unless they really are! :wink:

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I enjoyed reading your thread. I am curremtly having major problems with Ashbourne; my gym are simply not interested!

 

Any discussions or dealings with them are horrific, they are rude, aggressive and completely unapproachable. I would advice you send any further communicatiosn to them by recorded delivery as they seem to have never received my letter back in March and are now persisting with persuing me for further funds, even though I legitimately gave one months notice in March 2011.

 

Their e mails and all forms of communication are completely unprofessional and i have never in my entire career delat with such an unscrupulous Company

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  • 2 weeks later...

Hello everyone,

 

Unfortunately I have spent the last few weeks in and out of hospital with pneumonia (which my doctor said was stress related!) and have not got anything done. I was, however, greeted with another AM letter a few days ago...

 

Dear Member,

 

We refer to our previous correspondence and note that we have still not received a payment from you.

 

Your account not only remains in arrears, but the balance of the minimum term is now also due, we now reserve the right to instruct our solicitor to issue recovery action against yourself, the consequences of this could be severe.

 

However, if you pay £111.00 within the next seven days, including discount for early payment, this action will no longer be necessary and you can use the facilities for the balance of the minimum term of your agreement.

 

We strongly recommend that your arrange payment IMMEDIATELY, as this may be your last chance to avoid further action, and regain use of the facilities.

 

If you would like to clear this bad debt but are unable to pay £111.00 immediately, we can refer you to Debt Dr, a company which provides real solutions to debt issues.

 

Etc etc....

 

I have the afternoon off so am going to spend it making formal complaints about AM to all the necessary departments.

 

Also, I am completing the insane, possibly suicidal act of jumping 10,000 feet from a plane on Sunday in the name of charity, so wish me luck!!!

 

:-D

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Hi Rosie,

 

Well, if that doesn't clear your lungs once and for all, nothing will !! :razz:

 

Seriously, I hope you are now much better. Will you still be travelling as planned.

 

Although the OFT will not involve themselves in individual cases, I still think you should write to them pointing out the contempt that AML continues to show for the High Court ruling. It was made clear that 36 month contracts are deemed unfair and should be considered unenforceable.

 

Letters to TS and the FOS as well. :wink:

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Oh yes, nothing, not even pneumonia, can stop be going backpacking!

 

I complained to TS formally last night, and rang the FOS to ask how my complaint is getting along. Unfortunately, they claim to have never received my complaint letter (despite the fact that I sent it recorded delivery AND they replied to me!!) so I need to re-complain. More hassle!

 

I am waiting to hear back from TS - they said it will be in 7 days. I'm sure I will received more letters from AM demanding random amounts of money 'or else' in the meantime.

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Thats a bit ironic - the FOS losing your Rec'd Delivery complaint. :x

 

I thought that was a speciality of the gyms !! :lol:

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  • 3 weeks later...

Hi - quick update:

 

Got another letter from AM yesterday which was identical to the last one, telling me to pay £111.00 within the next seven days etc. Somebody from the North Yorkshire Trading Standards unit is coming to meet me on Monday to discuss my complaint and see the mass correspondence between myself and AM, so I'll let you know how that goes. I'm leaving the UK in just over a month, so am hoping this is dealt with (as much as possible) before then.

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Hi Rosie,

 

Let us know what TS say.

 

:-)

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Hi,

 

The guy from Trading Standards advised me that when I leave, my mum should write 'not as this address' on any future mail from AM, and return it, as well as taking my name from the electoral register. He said AM can't do a thing, and they were going to take me to court or anything, they would have done by now. The contract was after all deemed 'unenforceable', and AM are not a credit company, so they should not legally affect my credit rating.

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