Ashbourne management trouble!

[Rundle123]

Hi

 

I cancelled.my direct debit with ashbourne management as I couldn't afford to go to the gym anymore,

I cancelled this on the 4th December 2013, and

 

got a letter from them a few days after, as I am debited from my account on the 1st of every month,

what I noticed was that even though I I was debited.for December, the letter.stated that I owed an outstanding payment of £20.99,

 

I'm sure as I have been reading alot about.this on the web and people having simular problems in the past I found this on the 'Office of Fair trading' website

 

'The judge also ruled that none of Ashbourne's contracts entitle the gym (or Ashbourne) to demand payment of sums which have not already fallen due

where the consumer is less than 3 months behind with payment (and then only when the consumer is given a month to pay).

 

He also ruled that the consumer cannot be required to pay where it is the gym that has seriously breached the contract.' is this the issue I'm having?

 

 

 

Thanks

[havinastella]

Hi and welcome to CAG.

 

I have moved your thread to the correct forum.

[sequenci]

Hello there.

 

Have you actually cancelled your membership?

[Rundle123]

Hello there.

 

Have you actually cancelled your membership?

 

Hello, well I thought cancelling my DD was cancelling the membership, but u guess I was wrong

[sequenci]

There is generally a process that you have to follow to cancel the contract - usually a month's notice. This could be in writing. What does the contract state?

[slick132]

Hi Rundle,

 

The High Court ruling of Mr Justice Kitchin about AMSL's unenforceable m/ship agreements related to those signed before 2011 and for a minimum term of more than 12 months.

 

Please confirm :-

 

1. When you joined.

 

2. The minimum initial agreement period.

 

When we know this, we can advise if you should pay one further month's fee for the required notice period, or not.

 

[Rundle123]

Hi Rundle,

 

The High Court ruling of Mr Justice Kitchin about AMSL's unenforceable m/ship agreements related to those signed before 2011 and for a minimum term of more than 12 months.

 

Please confirm :-

 

1. When you joined.

 

2. The minimum initial agreement period.

 

When we know this, we can advise if you should pay one further month's fee for the required notice period, or not.

 

 

Well I joined in June 2013, and the initial agreement was 12 months, but I can't afford to pay for membersship anymore, now the letter is telling me to pay £20.99 and states that my next due payment is on January 1st, even though I want to cancel

 

 

Thanks

[sequenci]

How does the contract request that you serve cancellation notice?

[slick132]

Hi Rundle,

 

I think you may be bound by the terms of the agreement until the 12 months is up. Despite your wish to cancel, you may not be able to do this unles you have appropriate grounds or a change in circumstances.

 

This is not an old style AMSL agreement that unfairly tied members into a lengthy m/ship. The older agreements had no reasonable "Get Out" clauses about illness, relocation or redundancy.

 

So, you may be legally bound by the m/ship agreement unless, since signing it, you have :-

 

1. Suffered illness or disability that prevents you using the gym with medical proof of this.

 

2. Moved home so you're now an impractical distance to attend the gym (maybe 10 miles or more).

 

3. Been made redundant or had a reduction in your earnings earnings.

 

To enable me to check this properly, I need to see the agreement and its' Terms and Conditions. Please see the PM that I'm going to send you.

 

Edited December 19, 2013 by slick132

[slick132]

Cancelling the DD mandate can be taken as cancelling the agreement (as per the AMSL High Court case) but it may be better to cancel by letter explaining something about your circumstances. We'll deal with this in due course.

 

If you cannot afford the payments but cannot cancel, we'll help you try to make a payment arrangement with AMSL.

 

They will impose admin charges for non-payment but these are unenforceable penalties and cannot be enforced in law.

 

In the meantime, ignore demands or threats from AMSL and, if they call you by phone, tell them you'll deal with this in writing only and hang up.

 

[averagejon]

I've done the same thing, cancelled the payment method without actually cancelling the membership somewhere. When I finally figured out what I had done, I had some apologies to make.