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Syco2005 - Ashbourne Mgt problems


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Im going through issues with these morons as we speak. I was told I could cancel my gym membership at any time by the gym owner however im now been told by Ashbourne that I could have severe consequences against me like a solicitor recovering the money owed which is 81 pounds or a default.

I have contacted Trading Standards who informed me Ashbourne are in the wrong but from what i can gather Ashbourne are ignoring letters to leave me alone at the moment.

I find writing to there colections department completely pointless so I have gone about retreiving both Mr&Mrs Clayton-Wrights home address from www.companycheck.co.uk :) and a little more digging on the internent also gave me their home telephone number. 'Amazing'

I have received a phonecall from Mrs Clayton-Wright regarding a letter that I sent to there address, but I refused to talk about the matter on the telephone and asked her to put whatever she has to say in writing, which I am still waiting for.

I have tonight tried calling them at there home telephone number to ask where my reply is but Mrs Clayton Wright refused to talk to me as it was not her business line, and sounded shocked to be honest that I had their personal number. Shame :|

Im hoping that contacting them directly I will get some sense eventually.

Edited by syko2005
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HI Syco,

 

I've most your post into your own thread which you can use from now on.

 

........however im now been told by Ashbourne that I could have severe consequences against me like a solicitor recovering the money owed which is 81 pounds or a default

When was this said and was it in writing or in a phone call.

 

Can you confirm what length of contract they have signed you up for.

 

Also, please look here and let us know which contract number it corresponds to (1 to 13) - http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-completed/ashbourne/

 

Depending on your answers, we can help you put an end to the harassment if they are in the wrong.

 

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HI Syco,

 

I've most your post into your own thread which you can use from now on.

 

 

When was this said and was it in writing or in a phone call.

 

Can you confirm what length of contract they have signed you up for.

 

Also, please look here and let us know which contract number it corresponds to (1 to 13) - http://www.oft.gov.uk/OFTwork/consumer-enforcement/consumer-enforcement-completed/ashbourne/

 

Depending on your answers, we can help you put an end to the harassment if they are in the wrong.

 

:-)

 

Hi Slick,

 

The form that I signed states contact 15 in small writing at the bottom right corner. At the time of joining the gym I was not made aware that I was signing a contract and that it was just a direct debit mandate. The alleged contact is for 6 months. I have explained the situation to Ashbourne and also Trading Standards.

Ashbourne say I have to pay and the most recent letter, threatens me with a solicitor taking action. I've had previous letters also threatening a serious default.

Trading standards have copy's of the direct debit/contract form and also the letters that I've received. They have told me not to pay and that Ashbourne are wrong In what they are doing.

I last spoke to the chap I'm dealing with at Trading Standards last week who informed me Ashbourne had ignored his letter that he sent to them, and that he was going to contact them again.

To be honest this company seem to ignore the law and hide behind there staff.

I find it rather sad that I write a letter to Mr Clayton-Wright and he has to get his wife to telephone me to do his dirty work.

 

Thanks,

Syko

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HI Syco,

 

Please see the PM I've sent you - I would like to see a copy of the contract and, in particular, of the letter threatening a default and/or legal action.

 

Personally, I do not think you should be trying to contact the Directors by phoning, or by writing to, their home. I don't think this sort of attempts to contact will benefit your case at all. Yours is not an "black and white" case and you have to take some responsibility, for signing something without first checking what it was.

 

We may be able to involve the OFT depending on what I see from you and this may be more productive than Trading Standards.

 

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Hi Syco,

 

I've looked over the agreement and thanks for sending this.

 

You acknowledge that you have nothing from them in writing about registering a Default against you. If it was said in a phone call, they are wrong to have said this but you have no proof. If you did, the OFT would have been very interested as AMSL have been warned about registering Defaults.

 

It is, indeed, Contract #15 which is not covered by the OFT's High Court case against AMSL. However, we can take guidance from Contract Example #13 provided on the OFT Link which I put in post #3 above.

 

The OFT summary says, " ...... and contracts 9 to 13 were only sufficiently clear if the name and address of the gym was entered in full on the contract." Your contract shows the name and postcode of the gym, so I don't think you have a valid objection in that respect.

 

I can't see any other points about contract #13 that will help you, particularly as your contract is for 6 months.

 

You say you were unaware that you were signing a contract for a minimum period and that you thought it was just a DD mandate. Your signature on the DD section is far enough away from the membership terms that you could have missed them.

 

However, you also signed the agreement further up and this is right under where it said :-

 

1. MEMBERSHIP DETAILS AND LENGTH OF MINIMUM MEMBERSHIP PERIOD in bold print.

 

2. Type of Membership: 6 months

 

3. Start Month: August Min No. of Monthly Payments: 6

 

4. YOU MUST PAY THE MONTHLY MEMBERSHIP SUBSCRIPTION FOR THE NEXT 6 MONTHS......

 

With all this just above where you signed the contract section, you have little hope of arguing that anything was not clear to you. If you didn't see it (despite what the gym staff did or did not tell you about being able to cancel), you were negligent and failed to protect your own interests.

 

The only thing that I find odd is where you dated the 2 signatures :-

 

The contract date is written 5th July 2011

 

The DD Mandate section is written 5.07.11

 

When I sign and date any document, I always use a precise and consistent type of date, so I would know if anything was NOT written by me.

 

Is it possible that you signed only the DD Mandate section with the membership section folded under so it was hidden from you. Then the signature and date on the membership section were added by someone after. Check the signatures and dates carefully.

 

Otherwise, I see little chance of arguing that you were unaware of the minimum contract period.

 

You may therefore have to pay the membership fees but you do NOT have to pay any admin fees or charges added on by AMSL - these are not enforceable. You could therefore ask AMSL to agree to accept only the m/ship fees in full and final settlement of any claim against you, and not pay anything until they agree to this.

 

Not the response you wanted but I have to say as I find.

 

:-(

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Hi Syco,

 

I've looked over the agreement and thanks for sending this.

 

You acknowledge that you have nothing from them in writing about registering a Default against you. If it was said in a phone call, they are wrong to have said this but you have no proof. If you did, the OFT would have been very interested as AMSL have been warned about registering Defaults.

It is, indeed, Contract #15 which is not covered by the OFT's High Court case against AMSL. However, we can take guidance from Contract Example #13 provided on the OFT Link which I put in post #3 above.

 

The OFT summary says, " ...... and contracts 9 to 13 were only sufficiently clear if the name and address of the gym was entered in full on the contract." Your contract shows the name and postcode of the gym, so I don't think you have a valid objection in that respect.

 

I can't see any other points about contract #13 that will help you, particularly as your contract is for 6 months.

 

You say you were unaware that you were signing a contract for a minimum period and that you thought it was just a DD mandate. Your signature on the DD section is far enough away from the membership terms that you could have missed them.

 

However, you also signed the agreement further up and this is right under where it said :-

 

1. MEMBERSHIP DETAILS AND LENGTH OF MINIMUM MEMBERSHIP PERIOD in bold print.

 

2. Type of Membership: 6 months

 

3. Start Month: August Min No. of Monthly Payments: 6

 

4. YOU MUST PAY THE MONTHLY MEMBERSHIP SUBSCRIPTION FOR THE NEXT 6 MONTHS......

 

With all this just above where you signed the contract section, you have little hope of arguing that anything was not clear to you. If you didn't see it (despite what the gym staff did or did not tell you about being able to cancel), you were negligent and failed to protect your own interests.

 

The only thing that I find odd is where you dated the 2 signatures :-

 

The contract date is written 5th July 2011

 

The DD Mandate section is written 5.07.11

 

When I sign and date any document, I always use a precise and consistent type of date, so I would know if anything was NOT written by me.

 

Is it possible that you signed only the DD Mandate section with the membership section folded under so it was hidden from you. Then the signature and date on the membership section were added by someone after. Check the signatures and dates carefully.

 

Otherwise, I see little chance of arguing that you were unaware of the minimum contract period.

 

You may therefore have to pay the membership fees but you do NOT have to pay any admin fees or charges added on by AMSL - these are not enforceable. You could therefore ask AMSL to agree to accept only the m/ship fees in full and final settlement of any claim against you, and not pay anything until they agree to this.

 

Not the response you wanted but I have to say as I find.

 

:-(

 

Hi again Slick and thanks again for your help,

 

It looks I've been very silly not checking what I was signing and taking somebody's word for it. Although I just thought I was joining a gym. Trading standards also seem to be on my side.

Anyhow what's the worst case senario here? What are AMSL likely to do to try and retrieve the money from me?Do they still have the power to place defaults on people's credit files or will they have to take it to court? I don't intend on paying either way to be honest. Il make things extremely difficult for them if needs be. :)

 

Thanks Syko

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Hi Syko,

 

It looks I've been very silly not checking what I was signing and taking somebody's word for it. Although I just thought I was joining a gym. Trading standards also seem to be on my side.

It is very easy to believe what you are being told, without checking exactly what the document said. You'll know better next time !!

 

Anyhow what's the worst case senario here? What are AMSL likely to do to try and retrieve the money from me?

If you don't pay what is due in m/ship fees, they'll keep chasing you for the money. Although they'll maybe threaten court action and you may hear from their "Solicitor", court action is most unlikely.

 

Do they still have the power to place defaults on people's credit files or will they have to take it to court?

They could theoretically, make a Default entry so you should keep an eye on your credit files about this. No court action is necessary for this to happen.

 

If they register a Default, it should not include any of their admin or penalty fees as these are not enforceable. Any such admin fees in the Default sum should make it easier for you to challenge any such Default.

 

I don't intend on paying either way to be honest. Il make things extremely difficult for them if needs be.

Best advice is what I said in my penultimate paragraph above. Agree to settle the m/ship fees (over a period of time if necessary) but no admin charges. Pay them nothing until they agree to this in writing.

 

:-)

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