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    • Thanks, @FTMDave for your feedback, I will take your points on board. I was using the title "Mitigation" in an attempt to convey how reasonably I have behaved, and how stubborn and overzealous (i.e. unreasonable) the claimant and their solicitors are. Any suggestions for a more appropriate title ? Cheers --skeet23
    • Hi guys   4 old debts (catalogues) have been sold to Lowells, I requested copies of credit agreements and received them this week.  I also received a notice of assignment from them for an old Vanquis account.  I need to pay these debts off but don't want them touching my bank account so was thinking of setting up a standing order.  I guess I will have to send them details of income and expenditure.  My question is, do I need to give my husband's details?  We are not really getting on at the minute and this will be the last straw for him so I would rather just leave him out of this.   Many thanks for reading x
    • I am unable to get credit of any description, apart from a payday loan with expensive Provident.   I have 3 accounts, 2 with Capital One, the other with Vanquish.   These 3 do show late repayments, but Capital One is showing partically settled in September 2018 and Vanquis settled in full in December 2016.   The main issue I had is with NewDay Ltd.   I notified NewDay that my disability living allowance was stopped after I had my review when I went to transfer over to PIP.   NewDay were sympathetic, and agreed to place my account on hold, freezing interest and payments etc etc.   On the 4th May 2018, I received a letter from NewDay; theyagreed that due to my financial issues, they would no longer chase me for payment.   Soon after, a default was issued with with credit reference agencies that the account default with a default date of 12th June 108.   Why then agree to not chase me for payment then issue me with a default seems to me to be grossly unfair!?   I did a Notice of Correction on my credit file to show lenders that my account was on hold, and they agreed not to chase me for payment.   Can anyone please give me some advice?   I have a good income of £1100 a month in benefits income, and I state on applications I am retired.   I am initially accepted for credit, but they then go to the CRA's, I am then declined.   Its frustrating I can only get a loan with Provident.
    • Sorry, I don't think I explain my case correctly. I'm the guarantor for a friend that rented a shop. My friend couldn't make rent repayment and the landlord terminated her contract. Now the landlord (claimants) has taken out the claim against me as I was the guarantor and is responsible for my friend's debt. When I first  became the guarantor, I signed an agreement with the claimants. ( 1st agreement) A year later I had a meeting with the landlord to discuss my debt situation and told them I was struggling to make repayment. They agreed to give me a debt deduction and other terms, so a new agreement was drawn up (agreement 2). to replace the 1st agreement.   In 2016 I received a warning letter for late repayment. No further warning letter or contact has been made by the claimant since 2016 so I was shocked when I received the money claim.  Claimants have only attached the 1st agreement with their claim form and they denied there was a 2nd agreement. Now they have submitted their final witness statement and attached the 1st and 2nd agreement. Proving the 2nd agreement does exist.   My question is; 1. How important is it that no letter before action was sent before I received the money claim? 2. Now there's proof of a 2nd agreement which was signed and dated after the 1st agreement. Does it prove that the 1st agreement is invalid? 3. Would the court dismiss this claim if they believe the claimants have submitted an invalid agreement for their money claim?    Thank you. 
    • Hi   What date did they move into the Property & when did the Tenancy end?   How long was the initial Tenancy Agreement for?   Did you pay a Deposit/Holding Deposit for the Property?   Exactly what Notice of Arrears was given and when(what date)? (if for rent arrears)   Are they still in the Property or have they ended their Tenancy as per the Notice requirement to end that tenancy?   Is the Claim for Rent Arrears/Damages etc.?   Have you sent a Subject Access Request (SAR) which is free(due to GDPR) to the Landlord/Letting Agent asking for 'ALL DATA'?    
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slick132

Ashbourne Management Services Ltd - Contracts longer than 12 months

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If you have a contract with Ashbourne Management Services Ltd (AMSL) with a minimum contract period of longer than 12 months, it may be unfair according to the High Court ruling in the case brought against AMSL by the OFT in March 2011.

 

You can use the OFT page here to identify which type of AMSL contract you have - http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-completed/ashbourne/

 

If you have an unfair contract, we want to know so this information can be made available to the OFT.

 

The High Court ruling was handed down in May and the High Court's Enforcement Order was made against AMSL in August.

 

Despite this, AMSL have continued to seek payments from gym members who had contracts for longer than 12 month. We believe this is wrong.

 

AMSL have tried saying either :-

 

1. They can still enforce payments for the first 12 months of a 2 or 3 year contract.

 

2. That the contract is actually not for 36 months but is for only 12 months, when this is not the case.

 

Please let us know if your have a contract longer than 12 month where AMSL continue to demand payments.

 

In appropriate cases, we will tell you who to contact at the OFT, so they can consider if further action against AMSL is needed.


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If they (AMSL) are now saying they are hounding members for twelve months 'contracts' rather than thirty six, then how do they explain that their monthly harassing letters are for demands for three years payments? Surely alll that anyone who disputes the claim that they now are only seeking a years payments needs to do, is produce any of the numerous' threatograms' they will almost certainly have received, demanding three years payment?

 

I finally saw them off in February after approximately twelve months of harassment. They were demanding a full three years payment from my wife, despite her having provided medical evidence from her GP that clearly stated she was unable to use the gym; and this after her one and only session!! We exchanged many letters where I asked these shysters to provide evidence of contracts and was 'ignored' except for demands for ever increasing amounts!! In the finish it was only when I found the name of their firm of solicitors, one Williamson & Sodden,(thanks to the intervention of my local trading standards officer) that I secured confirmation that her 'contract' had been cancelled and they would no longer pursue the 'debt'!

 

I urge anyone still being harassed by these people not to give in...dispute everything and keep records and traceability on all correspondence and do not negotiate over the phone with them under any circumstances.Edited!!

 

 

 

 

 

NB: My apologies for any 'defamatory' remarks, this company annoy and harass decent people and it is my personal experience that they are economical with the truth and will use any means to elicit money from people.......

Edited by pokinthruboxers
defamatory language not allowed here

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A generic search for more info on Judge Kitchins ruling, threw up this very interesting link to the High Court's Order against AMSL...

 

http://www.oft.gov.uk/shared_oft/consumer-enforcement/ams/order.pdf

 

 

Seems to set out to Ashbourne what they CAN NO LONGER get away with!!

 

So take heart folks.....

Edited by slick132
text in blue entered to show what it links to

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Hi Pokin and thanks for the link.

 

Because this is a High Court Order, it can be quoted as relevant to any gym contracts where similar issues arise.

 

:-)


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                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

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You are welcome Slick. I am fortunate in the fact that my wife was able to provide medical evidence to allow her to finally have her 'contract' cancelled, but the dealings with AMSL were unpleasant and unnecessary and it has left me with a desire to see them get exactly what they deserve................nothing from anybody!

 

Their own 'greed' at trying to tie gym customers into three year contracts, has surely cost them dearly! Especially now that the High Court has found these 'contracts' to be illegal and unfair. It couldn't happen to a more deserving bunch....so if you are still being harassed by these clowns, then take heart and don't be intimindated by thier demands and threats. Just remind them of this order!

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I notice that too date many others beside those in dispute with Ashbourne are posting their 'battles' on the forum...I am sure that the ruling against Ashbourne would carry 'weight' in any subsequent legal argument(s) against these companies and I have looked further into the ruling...

 

This link details how the High Court hearing heard before The Rt Honourable Judge Kitchin and between the OFT v Ashbourne Membership Management Ltd was decided and how those legal 'decision's were reached.

 

http://www.bailii.org/ew/cases/EWHC/Ch/2011/1237.html

 

It is long and protracted but is well worth a read for points of law and examples when compiling an argument, in my opinion. Hope it helps someone who is being harassed by these companies.

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