Ashbourne Cancellation Question

[Freizah]

I've been at this gym for 6 months, 5 on the debit card since I had to pay 1 month up front cash.

 

It's been getting worse since I joined with no signs of improvement. The toilets and showers are extremely dirty, with things breaking all over the place. A lot of the machines are broke, or damaged, dumbbells lose, lights hanging out of fixtures in the bathroom, insects everywhere, never clean, latches loose, floor uneven, so some machines are, none of the improvements told at joining have been introduced since.

 

I also have OCD, in which is officially recognized by my doctor, so I can't handle this place no more with how dirty and dangerous it is. I asked the manager to cancel it with them, he said he tried but they can't do it. Even though someone else I knew left a month back.

 

I have about 60 photos of the place in bad condition as evidence against them, and the gym manager can't even afford to finish a little painting he started, so they can't afford to fix all this. I could easily call health and safety and the place would probably be shut down, but I don't want to do that with him since he's cool.

 

What Should I say to ashbourne on the phone?

[BankFodder]

Do nothing on the phone. Do it all in writing.

 

Send them a small selection of the photos - no more than 5.

Tell them that you have complained previously and nothibg has been done. therefore you are terminating your contract and that if they do not agree, that you will sue them and make it all known to the press.

[Freizah]

Thanks for the reply but what harm could that do if say this over the phone to them first?

[locutus]

You need proof that you have told them this, you need proof of how they reply... If you are intent on discussing this over the phone and confirming what is said in writing, make sure you record the call... or don't waste your time talking to some underpaid lacky who has no authority to do anything and just write the letter in the 1st place

[slick132]

Hi Freizah,

 

You must put the complaint in writing so you have a clear record of all that's said. Without this, the gym and/or Ashbourne Mgt can deny anything they want.

 

First off, address your complaint to the GYM. You can say you've already talked to the gym Mgr about this but you're unhappy that he appears unable to cancel your m/ship when it is clear there are serious problems. Give the gym 14 days to agree to cancel your m/ship.

 

Send them the letter by Rec'd Del'y or get a staff member to sign a receipt when you hand-deliver the letter.

 

Can you also confirm the length of the contract that you're signed up for.

 

[Freizah]

Okay, I'll write to them. The contract length was 12 months, and I've paid 5 debits on the card, and 1 in cash while it was being set up, but I'm no sure if that counts a payment to Ashbourne.

 

I already asked him to call and cancel it because I said I wanted to paid cash instead (which is more) so he wouldn't get suspicious of us trying to leave since many have left the place, most are still paying the gym and not using it. He said it wasn't possible due to cashflow problems and the crap a few days later. I don't really want to walk in and say to them, if you don't clean this up, I'm leaving, because they're like a small community in the gym, so if I say stuff like that, I wouldn't get a warm welcome on future visits which is not what I want when training. So I'll just print some pictures off and send them a letter, do you have any quick templates I could copy because I suck at writing legal letters to places like this, and I want it to sound really convincing to get the job done.

 

The photos I have are also around 6 weeks old and the gym is the same, if not worse now, no changes.

[slick132]

Hi Freizah,

 

It sounds like you're already past the stage of wanting a warm welcome on future visits. If the place is so bad and you want, or have, to leave because of this, you need to complain.

 

All you need to say in a letter to the gym is :-

 

Dear sir or madam,

 

I have been a member of the club since xxdate and, since joining, the facilities have deteriorated.

 

My complaints specifically include broken or damaged equipment, dirty or filthy conditions in terms of cleanliness and hygiene, loose light fittings, poor flooring, etc. No attempts to improve the situation appear to have been made.

 

Old and damaged equipment has not been repaired or replaced, despite suggestions that this would happen.

 

For these reasons, I am terminating my membership with immediate effect.

 

If you instruct or allow Ashbourne Management Services to pursue for payments, I will hold you responsible for their actions and take action against you as necessary.

 

Yours faithfully,

 

Send your letter to the gym by Rec'd Delivery or get a receipt for it if you deliver it by hand.

 

AMSL will probably chase you for payments but we'll help you deal with this in due course. Don't respond to AMSL or the gym until you've told us how they've replied to your cancellation letter.

 

[Freizah]

Ok, so I send the letter to the gym and not inform Ashbourne at all? And it means I'll have to find a new club in the meantime since I won't be able to go back there after sending a letter like that. Should I include photos for the gym manager to see, he already knows the state of his equipment and they would only be useful for evidence if Ashbourne pursue right? And should I cancel my DD then? And When you say AMSL will chase for payments, they won't try and file any CCJ's against me will they? Thanks for all the help so far

[Freizah]

Ok, so I send the letter to the gym and not inform Ashbourne at all? And it means I'll have to find a new club in the meantime since I won't be able to go back there after sending a letter like that. Should I include photos for the gym manager to see, he already knows the state of his equipment and they would only be useful for evidence if Ashbourne pursue right? And should I cancel my DD then? And When you say AMSL will chase for payments, they won't try and file any CCJ's against me will they? Thanks for all the help so far

 

Bump on the DD and AMSL, because if I should cancel it I have a club I could join today

[slick132]

Hi Freizah,

 

And it means I'll have to find a new club in the meantime since I won't be able to go back there after sending a letter like that.

It sounds again like you don't want to cancel and leave the gym. If that's the case, don't write the letter and continue to use the facilities as they are.

 

However, if you DO want to cancel, write as per my suggestion. You can simply tell them that you have photos of the shoddy conditions and you'll use these if necessary to prove why you are forced to cancel.

 

In the circumstances, AMSL would be very foolish to take the case to court and this is not their usual modus operandi. So YES, ignore them for now.

 

[Freizah]

Hi Freizah,

 

 

It sounds again like you don't want to cancel and leave the gym. If that's the case, don't write the letter and continue to use the facilities as they are.

 

However, if you DO want to cancel, write as per my suggestion. You can simply tell them that you have photos of the shoddy conditions and you'll use these if necessary to prove why you are forced to cancel.

 

In the circumstances, AMSL would be very foolish to take the case to court and this is not their usual modus operandi. So YES, ignore them for now.

 

 

Oh, trust me I want to leave, the place is a mess. I cancelled my DD now, I just heard bad things about Ashbourne when it came to CCJ's so was worried.

 

Anyway, I adjusted the letter accordingly:

 

Dear Mr. [Owners Surname]

 

I have been a member of the club since July 2012 and, since joining, the facilities have deteriorated.

 

My complaints specifically include broken or damaged equipment, dirty or filthy conditions in terms of cleanliness and hygiene in the wet room and equipment, loose light fittings, poor uneven flooring, etc. No attempts to improve the situation appear to have been made since I joined.

 

Old and damaged equipment has not been repaired or replaced, despite suggestions that this would happen when I first joined. I was also told of new equipment being installed before 2013, which never happened.

I have photographic evidence displaying the said problems, from various dates, and if forced, will use them as proof of why I have been forced to cancel my membership.

 

For these reasons, I am terminating my membership with immediate effect.

 

If you instruct or allow Ashbourne Management Services to pursue for payments, I will hold you responsible for their actions and take action against you as necessary.

 

Yours faithfully,

 

[My full Name]

 

Does that look okay? And should I hand sign it like an official letter?

[slick132]

Hi Freizah,

 

The letter looks fine and you can "hand sign" it at the bottom.

 

[Freizah]

Hi Freizah,

 

The letter looks fine and you can "hand sign" it at the bottom.

 

 

Thank you, I also have a friend who joined at the same time under the same situation. Is it fine to send two exact duplicates (excluding the name of course) or should it be changed somewhat? We're going to send them 1st Class recorded so we have proof.

 

Oh, and I assume I should include the Ashbourne DD reference as well? So he knows without a shadow of a doubt who to call about?

Edited January 4, 2013 by Freizah

[slick132]

Hi Freizah,

 

I would wait to see the reaction to YOUR cancellation first, if your friend is prepared to wait.

 

Otherwise, your friend could follow the same process but use a totally different letter. Otherwise, the situation will look contrived.

 

[Freizah]

Hi Freizah,

 

I would wait to see the reaction to YOUR cancellation first, if your friend is prepared to wait.

 

Otherwise, your friend could follow the same process but use a totally different letter. Otherwise, the situation will look contrived.

 

 

We both have a payment date coming up, so wanted to get the letters in before we get a call from Ashbourne saying we missed a payment. We both have the same reasons on why we wanted to cancel, as the pictures more than prove the conditions. But, when my friend came round, I wrote him the same letter, but restructured and reworded it, we'll be sending them at the same time.

 

Original

Dear Mr. [surname of Owner]

 

I have been a member of the club since July 2012 and, since joining, the facilities have deteriorated.

 

My complaints specifically include broken or damaged equipment, dirty or filthy conditions in terms of cleanliness and hygiene in the wet room and equipment, loose light fittings, poor uneven flooring, etc. No attempts to improve the situation appear to have been made since I joined.

 

Old and damaged equipment has not been repaired or replaced, despite suggestions that this would happen when I first joined. I was also told of new equipment being installed before 2013, which never happened.

I have photographic evidence displaying the said problems, from various dates, and if forced, will use them as evidence of why I have been forced to cancel my membership.

 

After seeking legal advice and for the reasons above, I am terminating my membership with immediate effect.

 

If you instruct or allow Ashbourne Management Services to pursue for payments, I will hold you responsible for their actions and take action against you as necessary.

 

Yours faithfully,

[signature]

[Name]

[Ashbourne DD Reference Number]

 

His

Dear Mr. [surname of Owner]

 

I have been a member of the gym since August and, since joining, the facilities have deteriorated to such a standard, that I sought legal advice and, with alongside the issues below, I am terminating my membership with immediate effect .

 

My complaints specifically centre on:

• Very dirty and very rarely cleaned bathroom facilities. The showers were not usable and the toilet cubicles were the worst I've ever seen in my life.

• Broken/Damaged equipment. I joined the gym for its equipment and more than a few machines and free weights have been damaged or broken since I joined, and some have not seen sign of repair, just a paper sign saying, and I quote; “Out Off Order”.

• I have almost fallen over on numerous occasions in the gym and I have seen countless others do the same, because the floor is not in shape, health and safety would condemn it. It’s ripped, damaged, and has many uneven dips.

I have on my person a plethora of photographs which can prove my cancellation reasons to anyone needed, including in a court against you/Ashbourne if needed.

 

If you allow Ashbourne Management Services to pursue for payments, I will hold you responsible for their actions and take action against you immediately.

 

Yours faithfully,

[signature]

[Name]

[Ashbourne DD Reference Number]

 

You also notice were going to include our DD reference number that Ashbourne provided us with, we assume that to be a good idea? Thank you again

 

Also, the gym owner has also already contacted me through Facebook saying the following:

 

"Hey [Name] been seeing and hearing ya comments bout the gym, all you need to know is you signed an 11 month agreement regarding your DD. But am concerned you have been tampering with equipment and taking pictures which we have a sign up which clearly prohibits the use of cell phones in the gym. Disappointed with the way you have conducted yourself and the comments you have made on Facebook which is slander and i have kept.

All the best in your body building"

 

Now, he's obviously been watching my Facebook account for some strange reason and he probably saw a post I made saying:

 

"Looks like I'll be cancelling my membership and joining another gym, this one was cool but is falling apart. Might just join Virgin Active again, 2 gyms and all the facilities and luxuries are worth it."

 

And when a friend commented saying Virgin is expensive and not worth it, I replied:

 

"Haha, yeah, but there's no better ones around and it's only £45 a month, while I'm paying half that now at this shi**y place, well was, all been cancelled. At least I have a sauna/steam room/spa/jacuzzi/swimming pool if I need them lol "

 

I never once mentioned the gyms name, so I can already tell he's very scared that he's lost another member, and is probably unaware he's lost two. As you said before, I should not reply at all, and send the letters of course, and then tell you when I get a call from Ashbourne

Edited January 5, 2013 by Freizah

[slick132]

Hi Freizah.

 

Fine, send off the letters to avoid the next payments for you and YF, and it's good that you've made them different.

 

Ignore the stuff about Facebook - what you said would only be slanderous (or defamatory to use the correct term) if it was untrue. He's clearly upset that you took photos which show the gym to be dirty and the accusation that you tempered with equipment would be impossible to prove unless he has CCTV footage or witnesses who are prepared to lie for him.

 

Avoid further comment about the matter on Facebook and also remember that the forums here are open to everyone to read and use.

 

Let us know how the gym responds.

 

[Freizah]

Hi Freizah.

 

Fine, send off the letters to avoid the next payments for you and YF, and it's good that you've made them different.

 

Ignore the stuff about Facebook - what you said would only be slanderous (or defamatory to use the correct term) if it was untrue. He's clearly upset that you took photos which show the gym to be dirty and the accusation that you tempered with equipment would be impossible to prove unless he has CCTV footage or witnesses who are prepared to lie for him.

 

Avoid further comment about the matter on Facebook and also remember that the forums here are open to everyone to read and use.

 

Let us know how the gym responds.

 

 

I'm aware the forums are public, and he doesn't have any CCTV because there's nothing of value in the place, Isn't having no CCTV in a gym illegal anyway? Anyway, I have ignored him on Facebook, not responding at all, and yes, he does seem upset so he was clearly trying to sound in a good position but he'll have a shock once he receives the letters. Like I said before, if I reported it to Health and Safety it wouldn't pass, but I don't want to do that to him, it's unfair but we included that in the second letter in case he tries to get nasty. We'll send the letters first thing Monday.

 

Also, even though we're sending recorded post, what if he just rips the letters up and throws them in the bin, and says he never received any letters to Ashbourne. Thanks

[slick132]

If the letters are sent to the gym by Rec'd Del'y, you should have proof of delivery and that's all you need.

 

[Freizah]

If the letters are sent to the gym by Rec'd Del'y, you should have proof of delivery and that's all you need.

 

 

Awesome, and thank you for all your help with this, we're truly grateful, we'll report back when either the gym or Ashbourne respond in any way

[Freizah]

I just realised the gym is part of a unit, like one building with several shops in it, would that effect postage at all? And the gym has an email address, shall we send the letters to that as well?

[slick132]

As long as the gym doesn't use a PO Box address, the Rec'd Del'y should work and the letter should be signed for by them.

 

An alternative is to take the letter by hand and ask the receptionist or other staff member to sign a receipt for it (which you'll have printed in advance).

 

You can use the email address for later correspondence but, initially, use written letters,

 

[Freizah]

As long as the gym doesn't use a PO Box address, the Rec'd Del'y should work and the letter should be signed for by them.

 

An alternative is to take the letter by hand and ask the receptionist or other staff member to sign a receipt for it (which you'll have printed in advance).

 

You can use the email address for later correspondence but, initially, use written letters,

 

 

I sent the letter on Tuesday, my friend forgot his, so sending his tomorrow. Today, I've received 8 missed calls from a number the gym manager gave me a while back, don't think it was his directly, but I'm not sure. I have my phone set to divert any numbers of my choice and that is one, but I checked and they tried calling 8 times as of this message today, the number has not called before, so I assume it's them. Also, I just received another message from him saying:

 

"Can u enlighten me on those free index remarks ???? when u play games with people out of your league can be bad for ya health i imagine the address i hav for you is whr u reside tut tut!!!!!!"

 

Now, I had no idea what he was talking about, so I showed my friend, and he said he did give the place a review on a website, an honest one though. So obviously he thinks I wrote the review, which doesn't bother me, and I don't reside in the address he's got, so I don't mind, but he has got my friends real address which is worrying for him. But this is a bonus, because this is an obvious threat to either one of us, so that will surely help everything

 

I just sent this back:

 

"Free Index? And, No, I don't reside in the address I gave, haven't done in years. So I don't see why it's wise to send threats over Facebook, especially when I have left the gym with good will, another mate who left mentioned we could have reported the gym to health and safety, but I said no, it's not fair to [Name], he's a sound guy but the gym isn't to our standard.

 

Anyway, I have been told by my legal advice to not respond to you any more regarding the gym and my contract and you will be receiving a letter to tell Ashbourne about my cancellation and the reasons, which has been sent via recorded delivery.

 

Hope you fix the gym up and make it a good business :)"

 

Edit: I told the friend to remove his review anyway and he did in case he tries to claim slander.

Edited January 9, 2013 by Freizah

[slick132]

Hi Freizah,

 

There was really no need to remove the review if it was honest and fair - slander (or defamation) is not likely to apply for one moment. This manager looks like a bully who likes to get his own way.

 

Please let us know what gym this is so we can decide if his actions should be reported further.

 

"Can u enlighten me on those free index remarks ???? when u play games with people out of your league can be bad for ya health i imagine the address i hav for you is whr u reside tut tut!!!!!!"

 

This message is outrageously and shockingly threatening and is clearly meant to intimidate. If you haven't stored a copy of it, please do so in now. If it's on the web, take a screen shot of it in case you need to refer to it later.

 

I suggest you don't respond to, or communicate with, this bully at all.

 

Just wait for a proper response to your letter.

 

Edited January 9, 2013 by slick132

[Freizah]

Just out of interest, what should I say to Ashbourne if they call me, which I'm guessing will happen before anything else?

 

[slick132]

If AMSL call you, refuse to answer any security questions so they should be unable to discuss your case due to Data Protection issues.

 

If that doesn't put them off, tell they must put anything they have to say in writing, and end the call.

 

They'll soon get the message !

 

And remember, you have no need to talk to them and they have no right to insist you do.