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Gymgymgym - AMSL 36 month agreement


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Hi there,

 

Similar situation to you. (Stupidly) signed a 36 month contract with Ashbourne in ~May 2012, now need to cancel due to change in circumstances. Read all the OFT advice, and decided to just cancel the direct debit. Got a text today asking me to call them about my outstanding payment.

 

Unfortunately I'm not completely sure which contract (1-13, or a newer one?) that I signed, but I'm banking on the 36 month-ness of it all being enough. Especially in conjunction with this little page on the Ashbourne website (can't post the link; google "ashbourne_management_news.php")

 

Particularly:

 

As you may be aware, the Office of Fair Trading (OFT) and Ashbourne have been to the High Court. There have been various rumours and negative articles surrounding this. We can now put the record straight and give you the correct information “straight from the horse’s mouth”

 

The ruling, in simple terms, is that any gym contract, from any supplier, longer than 12 months, is no longer legally enforceable.

 

They do also say:

Please be aware that members are now at liberty to cancel any contract once it has passed 12 months, provided that there are no arrears and that they have given 30 days notice.

 

But I (and the OFT) disagree (google "consumer-enforcement-completed/ashbourne/ams-qanda"):

If the agreement was made on any of contracts 1 to 10, the member has no obligation to make any payment in respect of any period after the agreement is or has been brought to an end.

 

If the agreement was made on any of contracts 11 to 13 and provided for a minimum membership period of more than 12 months, the member has no obligation to make any payment in respect of any period after the agreement is or has been brought to an end.

 

I'll give them a call on Monday, but I'm not particularly worried. Let us know how you do!

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Hi GGG and welcome to CAG

 

I've moved your post into your own new thread.

 

I think the quote from their site is entirely wrong. An unenforceable contract is unenforceable at any time and NOT after the first 12 months has expired.

 

I say if you have a 36 month contract, you can cancel it without penalty at any time.

 

Your contract should have a number on it which identifies it. If you have a copy of the agreement, check and let us know which it is.

 

Don't call AMSL for any reason and keep everything in writing only.

 

If you want to do anything, write to AMSL saying:-

 

As my agreement was for a period in excess of 12 months, I have decided to cancel.

 

After the High Court ruling and Penal Order made by Mr Justice Kitchin in 2011, that is my right.

 

See how they respond.

 

:-)

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Just wrote a letter to them:

 

Dear Sir or Madam,

 

I recently received correspondence from you suggesting that my gym membership is overdue (member reference: XXXXXX). As far as I am concerned, my membership is canceled.

 

I was signed up onto a 36 month contract and as per your own website, these contracts have been deemed unenforceable through action in the high court:

 

As you may be aware, the Office of Fair Trading (OFT) and Ashbourne have been to the High Court. There have been various rumours and negative articles surrounding this. We can now put the record straight and give you the correct information “straight from the horse’s mouth” -

 

The ruling, in simple terms, is that any gym contract, from any supplier, longer than 12 months, is no longer legally enforceable.

As per guidance from the Office of Fair Trading I ended my membership by informing a representative of the gym and canceling my direct debit:

 

the member can terminate the agreement, without giving any reason, by canceling his or her direct debit for payment of the monthly subscriptions or by telling the gym club or by telling Ashbourne.

Again, as per guidance from the OFT these actions should bring the matter to a satisfactory close:

 

the member has no obligation to make any payment in respect of any period after the agreement is or has been brought to an end.

Yours Faithfully,
Hopefully that will solve things. If not, is simply ignoring them a sensible course of action?

 

Thanks for the help,

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Hi GGG,

 

See how they respond and then we'll decide what to do next.

 

It may be prudent to complain to the OFT if they persist in seeking payment.

 

:-)

We could do with some help from you

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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.

 

Thanks !:-)

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Letter was posted on Tuesday, and haven't heard anything since the early hours of Wednesday morning. Seems to have done the trick; I'll post again if not!

 

Thanks again,

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