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Hi, I have taken out a 24 month membership with Ashburn Finance for my local gym, I am now 12 months into membership but wish to cancel-I believe there was a 2011 legislation which stated it was illegal for gyms to enforce contracts of greater duration than 12 months.

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Hi Inderjits and welcome to CAG

 

It's not necessarily illegal for gyms or their admin companies to try to enforce payments for an agreement that is longer than 12 months. But, depending on the terms and conditions of the agreement, there may be grounds to challenge the enforceability of payments under the agreement.

 

Firstly can you confirm if there's a credit agreement associated with your membership.

 

If I recall correctly, Ashburn have used credit agreements in the past and this is very different to the practices of most gyms and their admin companies.

 

I may want to see a copy of the agreement and any associated credit agreement so I can advise further. If needs be, I'll give you an email address so you can send me scanned copies.

 

Have a read here - http://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months

 

Follow the links through to the OFT articles on the High Court case of The OFT v Ashbourne Mgt Services Ltd (a different company to Ashburn but the principles apply regardless).

 

:wink:

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Hi Inderjits,

 

As I thought, you have signed a 2 year credit agreement as well as a 2 year m/ship agreement and this may change the way we deal with matters.

 

I really need to see scans of the credit agreement and the m/ship agreement (if it's a separate document).

 

Please see my PM to you.

 

:-)

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Hi Inderjits,

 

I've looked at the 24 month credit agreement.

 

It does allow for early repayment where you repay the full balance owed. It also refers to the Right of Withdrawal where you can withdraw from the agreement and pay off the balanced owed.

 

However, the credit agreement makes no provision for cancellation due to sickness, injury, loss of job or relocation. Nor does it allow for cancellation because you simply no longer want or need to use the gym.

 

Please confirm if you were given any other Terms and Conditions to do with your membership. If not, then I believe you can cancel the agreement on the basis that it is for longer than 12 months WITHOUT allowing for cancellation (unless you pay the balance due for the 2 year period). You can rely on the High Court ruling buy Mr Justice Kitchin in his ruling in the case of The OFT v Ashbourne Mgt Services Ltd.

 

Before you cancel, you must be aware that the credit agreement says they can pursue any balance owing and they can place adverse credit markers on your CRA file. It's very likely that Ashburn will challenge the cancellation and threaten to take action to enforce the agreement. I believe such actions can be challenged and we would assist you in any such challenge that is necessary.

 

If you want to proceed, write to Ashburn Financial Services Ltd at their Leicester address by Recorded Delivery as follows:-

 

Dear sir or madam,

 

Membership with XXXX Gym

 

I refer to the gym membership and/or credit agreement signed in April 2012 for 24 months.

 

I have taken advice in this matter and believe the membership is unfair to me as a consumer because it is for more than 12 months but does not allow for early cancellation. The ruling by Mr Justice Kitchin in the case of The OFT v Ashbourne Management Services Ltd in 2011 made it clear that agreements for longer than 12 months should provide for cancellation.

 

Accordingly, I hereby give notice to cancel my membership and the associated credit agreement with immediate effect.

 

I will allow one further Direct Debit payment to be taken as reasonable compensation for my cancellation, after which the DD mandate will be cancelled.

 

I will make a formal complaint to the OFT if you do any of the following :-

 

1. Do not agree to the cancellation.

 

2. Agree to the cancellation, but insist I pay the balance remaining under the credit agreement for the 24 month period.

 

3. Take action to collect any balance allegedly owed.

 

4. Threaten me with, or make, or cause to be made by anyone, any default or other adverse credit marker with any credit reference agency.

 

I will deal with this matter by letter only. Please do not contact me by telephone for any reason.

 

Yours faithfully,

 

What do you think ? :-)

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  • 6 months later...

Hi,

I'm in a similar situation regarding a membership but we took out one for our son, we never received a copy of the agreement or even saw the T&C it was all very very vague. At the time of taking out I even remarked is this a credit agreement because there are no terms.

 

What happened regarding your cancellation request?

 

Thanks

 

PT

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Hi PT,

 

Please feel free to start your own thread to discuss the case.

 

The more we share info about Ashburn Finance and their practices, the better our chance of helping folk escape from their ridiculously long membership and credit agreements.

 

:-)

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.

 

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