Ashbourne Cancellation Question

[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.

 

[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.

 

[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.

 

[slick132]

Hi Freizah,

 

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

 

[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.

 

[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.

 

[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.

 

[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,

 

[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

[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.

 

[slick132]

Under DPA regs, they should only discuss the detail of an alleged debt once they've established that they are talking to the correct individual debtor.

 

So, if you refuse to identify yourself by answering security Q's, they should not proceed. However, if they try to, just hang up.

 

[slick132]

That'll do just fine !

 

[slick132]

Just write to AMSL saying:-

 

I have written to the gym direct and have no need or wish to communicate with you.

 

The matter is in dispute and you must not make any further demands for payment.

 

If you do, the matter will be reported to the OFT without further warning.

 

[slick132]

Hi Freizah,

 

Send the letter to AMSL's PO Box address.

 

Don't waste the expense of Rec'd Del'y on them. They'll receive the letter by normal post and you need no proof about it.

 

[slick132]

That'll depend on how AMSL decide to handle this.

 

Best to just wait and see..............

 

[slick132]

Hi Freizah,

 

You have proof that they have your new address so, in the highly unlikely event that they sent a court claim to your old address and got a judgement in default (because you didn't respond to it), you can show that this was underhand. Any CCJ issued in this way could be easily challenged.

 

AMSL tend not to use CRA's these days but just keep an eye on your CRA records now and then, just to be safe.