Huppelkutje's mum and Ashbourne Management Services Ltd

[huppelkutje]

Hi guys. I came back to the UK to visit my mum and found out that she is being harrassed by AMM. I just happened to see the latest letter from them that had arrived and after enquiring about it she showed me the file FULL of letters that she's received from them since cancelling her gym membership in May. She cancelled after about 6 weeks of joining up when she found out that the program she'd received at the gym had been the cause of her bad back! After doing the exercises as she was told for a few weeks and experiencing back pain, she asked a different trainer how to do them and was told she'd been given the wrong instructions. (Surely a breach of contract, with standards below an acceptable level?) She saw a doctor and was referred to a physio who advised her that she shouldn't continue at the gym as the exercises that she had been given were completely inappropriate for her. The gym said she could cancel with a month's notice but that she'd have to put it in writing. She'd already paid £25 in advance by card and one monthly direct debit (£12) had gone out. She sent a letter stating her reasons for leaving and cancelled the direct debit...

 

Ashbourne wrote to her asking for £22 to cover her arrears and their admin charge. The next day they sent another asking for a letter from the doctor and the payment of money owed to them. She sent a doctor's note and disputed owing any money as she had paid in advance. They then sent more letters asking for £22 to cover her arrears and their admin charge. Somehow they didn't receive the doctor's note, although they admitted receiving the covering letter that accompanied it! She sent another copy of the doctor's letter. They don't respond to any of her letters and just demand increasing amounts of money (the latest figure is £147, as they claim the balance of the minimum term is now due, less an early payment discount!). She is also receiving recorded voice calls from them up to twice a day, 7 days a week between 9am and 7-8pm.

 

The original contract was for a minimum term of 36 months, and it is a standard contract as found on the OFT findings page; Contract 12. As far as I can gather although people who signed Contract 12 are legally bound to pay for 12 months, although this is negated by the fact that her doctor advised her to stop and wrote a letter confirming this. Also, in my mind, the gym were in breach of contract by employing inexperienced staff as trainers. She is still taking prescription painkillers for the back pain.

 

I'm unsure how to proceed from here. Should I write a letter to AMM, reminding them of the court ruling? Report them to the OFT? Just ignore the idiots?! The phone calls and letter are really stressing my mum out.

 

Sorry for the long-winded post!

[slick132]

Hi Huppelkutje,

 

I've moved your post into your own thread which you can use.

 

A 36 month contract is not enforceable at all and there is no need to pay for the first 12 months.

 

YM should write to AMSL using Recorded Delivery as follows :-

 

Dear sir or madam,

 

36 Month membership at xxxxxxx gym, Town

 

I have taken advice because of the number of demands I have been getting from Ashbourne after I cancelled my Membership with xxxxx gym on xxxdate.

 

After the High Court ruling against AMSL earlier this year, it is clear that you should not be pursuing payment for a 36 month contract.

 

I require your confirmation within 7 days that you will stop seeking any payments from me, whether by phone or in writing with immediate effect.

 

Although you claimed to have not received my doctor's letter (sent twice), this is clearly irrelevant as the High Court has effectively barred you from making any further demands of me.

 

If you fail to confirm, in writing within 7 days, that you will cease making demands of me, I will report this matter to the OFT without further warning.

 

Yours faithfully,

 

[huppelkutje]

Thank you Slick!! I wondered where my post had gone, really thought I was going mad for a minute or two, ha ha Thank you so, so much for the template, I'm going to type it up now & send it Signed For tomorrow morning

[slick132]

Great !!

 

Let us know how they respond.

 

If necessary, we can put you in direct contact with an OFT senior who may want further info from you as part of their ongoing action against AMSL.

 

[huppelkutje]

That would be fine, those creeps have made my blood boil and if I can do anything to help the OFT then I will!!! I will keep you posted. I have just re-read Q&A #7 on the OFT website; I thought it meant that someone who had signed a standard Number 12 contract of 36 months could only be made to pay for the first 12 months. Is it actually the case that all of the number 11-13 contracts with a minimum term of 12 months or over can be terminated at any time?

 

Ashbourne have just sent a text to my mum's mobile, reminding her that her payments are overdue....grrrrrr 10.50pm on a Friday night!

Edited October 28, 2011 by huppelkutje

[slick132]

Hi Huppelkutje,

 

Please keep that text message in case the OFT want to see how AMSL are prepared to send a text msg at that time of the night demanding payment !!

 

My understanding is that Contract #12 is unfair if it is for over 12 months, unless it allows for cancellation with a months notice and a modest sum for cancellation compensation.

 

From the OFT site:-

 

The Court held:

 

various terms of Ashbourne's standard form agreements are unfair contrary to the Unfair Terms in Consumer Contracts Regulations 1999. In particular:

 

- Terms in contracts 11 to 13 which tie consumers in for more than 12 months. The judge indicated that if there is a longer period it would be unfair unless the consumer could give 30 days notice to cancel, and pay a modest sum in compensation. The court was willing to accept a 12 month minimum period in contracts 11 to 13 because they contain more circumstances in which the consumer can suspend or terminate their membership for stated reasons.

 

Update us when you get a reply.

 

[huppelkutje]

No reply as yet, and the Royal Mail site still shows my letter as "being progressed through our network for delivery". However, there have been no telephone calls or texts, and only 1 standard letter requesting payment which would have been sent before they received my letter (IF they have received it!). Maybe the tracking status just hasn't been updated... I'm keeping my fingers crossed!!