Hi All Ashbourne Management Services confused :(

[Adswebbo]

Not sure if this is the right place to post this but hope it is...

 

I set up a gym membership in Jan 2012 a small gym actually owned by a school friend .

 

I signed up with the type of membership standard 1 yr I was never shown terms and conditions and never noticed that it was a separate company taking the payments anyway I went into the gym and verbally cancelled the membership that June because we had to get rid of our second car meaning I couldnt get to the gym easily.

 

The payments came out of my single account which mistakenly I rarely check, I agreed to pay the 12 months but the company took an extra 13 payments which i hadn't known about, I have got my bank to get the money back but Ashbourne rang and say because I didn't cancel direct with them I still owed the money.

 

Any advice on what I should do?

 

Sorry if it makes no sense I'm disappointed at the way they have just spoken to me on the phone.

[slick132]

Hi Adswebbo and welcome to CAG

 

Just to confirm :-

 

1. Did you cancel with the gym in June 2012 but agreed to pay for the rest of the 12 months minimum m/ship period, ie up to Dec'r 2012 ?

 

2. Did AMSL then continue to take DD pay'ts through 2013 and for Jan 2014, despite you verbally cancelling with the gym in 2012.

 

3. Have the bank since repaid to you just those 13 DD payments AMSL shouldn't have taken.

 

Do you have anything to confirm that you cancelled with the gym like an email or a letter saying you couldn't cancel until the 12 months was up, or anything else.

 

It's good that you got back the 13 extra payments but AMSL will not like this. However, we have adequate means to get them off your back.

 

[Adswebbo]

Hi Slick

 

Unfortunately I have no proof that I cancelled and its my word against the gym

 

I fully accepted and expected to pay up until dec 2012

 

And I asked my bank to collect everything after that back the money hasn't reached my account yet but AMS have rang and said I owe them because the bank has takem the funds back and Its my fault for not ringing them myself and just going into the gym

 

My last DD to them was february 14

[slick132]

Hi Adswebbo,

 

That's fine about you not having proof of the cancellation. AMSL have no right to insist you cancel via them, or in writing, etc.

 

This follows their brush with the High Court back in 2011 - http://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months

 

Wait and see if the bank refunds, and how much.

 

Tell us if they've refunded the amounts you expected and then we can draft a letter for AMSL.

 

Please also confirm the approx date of the first DD that is refunded by the bank.

 

Edited April 11, 2014 by slick132

[Adswebbo]

I spoke to AMS earlier and it sounded lime the bank have taken back an extra direct debit than what I was expecting if thats the case what should I do ?

[slick132]

Rule No 1 - Never speak to AMSL as you will never hear anything to benefit you.

 

Wait and see what the bank refunds and let us know. Then we'll take it from there, on a factual basis.

 

If AMSL call you, tell them to put anything they have to say in writing and then hang up.

 

[Adswebbo]

Really appreciate the advice will let you know what the bank say

[Adswebbo]

Hi Slick

 

I have contacted my bank and Ashbourne Credited £349.86 back to my account after my bank requested it.

 

This is the 14 payments that the bank has taken back.

 

What do I need to do to close my account and make sure Ashbourne don't chase me for this money and so it doesn't damage my credit rating?

 

Thanks

[slick132]

Hi Ads,

 

Firstly, I should confirm that AMSL has not refunded anything. The bank has taken the money back from them on your instruction.

 

AMSL will not be happy about this but we'll help you keep them at bay.

 

Have you worked out if the bank was correct to refund 14 months' fees, or should it have been only 13. Please confirm about this. I reckon you should only have paid AMSL a total of 12 months because you gave them notice well before the end of the minimum 12 month period.

 

Then I'll draft a letter for you to send.

 

[Adswebbo]

The last payment i should have made was 19th December 2012 and The last payment I made was February 2014

 

AMS are insistint I never gave them notice but I verbally told the owner of the gym well in advance

[slick132]

I suggest the following letter to AMSL:-

 

Dear sir or madam,

 

Membership at xxxxx gym, xxxxx town

 

I refer to my gym membership which started in January 2012.

 

Due to personal circumstances I gave verbal notice to cancel the membership in June 2012 but was told there was a minimum 12 months agreement. Accordingly, I left the DD mandate in place to continue to pay the remainder of instalments up to and including December 2012.

 

Having given the gym notice already to quit as soon as I could, I assumed the December 2012 would be the final DD taken.

 

I only recently discovered that the gym or AMSL continued to take DD payments from my bank up to and including February 2014. I complained about this to my bank and they agreed to refund the last 14 payments under the DD Guarantee Scheme.

 

When I spoke to AMSL, your staff said the payments continued because I failed to cancel with you. However, I gave my notice to the gym and assumed that they would notify AMSL of the situation.

 

I trust you now understand why my bank has refunded the 14 months of DD payments and this should be an end to the matter.

 

Yours faithfully,

 

Send this to them by RM Signed For delivery or save money by getting a free Proof of Posting receipt when you take the letter to send from a Post Office.

 

Let us know how they reply.

 

[Adswebbo]

I emailed them and they replied

 

"The contract you signed clearly states that you have to give written notice to us here, as we are the management company who look after the direct debits, we have never received your written notice, it also states this on the bottom of the direct debit Guarantee.

 

Regards

Ashbourne

[slick132]

Hi Ads,

 

Your reply to them should be :-

 

Thank you for your email.

 

The High Court has already addressed and ruled on this matter. A gym member can give notice to the gym or their Mgt Co; and such notice can be in writing by letter or email; and such notice can be verbal by phone or in person.

 

Mr Justice Kitchin confirmed this in 2011 when he made his ruling and Penal Order in the case of The OFT v Ashbourne Mgt Services Ltd.

 

If you continue to make any demands, I will make a formal complaint to The OFT without further warning.

 

See how they respond.

 

[Adswebbo]

Thanks slick I will keep you informed

 

Will this go against my credit rating? Looking to buy a house this year thats all

[slick132]

Hi Ads,

 

If you read up on the AMSL case, you will see that AMSL were pretty much barred from reporting gym fee arrears to CRA's. The Penal Order against AMSL was pretty clear - http://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months

 

I think they will be wary of posting any adverse credit data at all these days.

 

Even if they did, it could be challenged effectively.

 

[Adswebbo]

You have no idea how much I appreciate this, the dealings with this company make you feel ill

 

Will update you with a response once received, thanks

[Adswebbo]

Just received a generic letter from AMS how shall I reply?

 

Dear Member

 

We refer to our previous correspondence and note that we have still not received a payment from you.

 

Your account not only remains in arrears, but the balance of the minimum term is now also due. Our client now reserves the right to instruct a solicitor to issue a recovery action against yourself,to recover the balance of the minimum term of the contract.

 

However if you pay 315.00 within the next even days,including a discount for early payment,this action will no longer be necessary and you can use the facilities for the balance of the minimum term of your agreement.

 

(They list 4 payments methods)

 

We strongly recommend that you arrange payment immediately as this may be your last chance to avoid further action, and regain the use of facilities (**** take)

[slick132]

Hi Ads,

 

Just received a generic letter from AMS. How shall I reply?

 

Don't reply at all.

 

This may have been sent out before they rec'd your letter in post #13.

 

Or they may have rec'd your letter but chose to ignore it and continue with their demands.

 

Whichever is the case, you do not need to respond to this. Just let us know what you hear next from them.

 

[Adswebbo]

Had a phonecall yesterday but missed it and they left no messages.

 

01564 334599 googled it and found it was AMS.

 

only update for now.

 

are we pretty sure that I won't have to give them this money back?

[slick132]

Hi Adswebbo,

 

are we pretty sure that I won't have to give them this money back?

 

There are no guarantees about this. However, my experience here with AMSL and other gym admin companies suggests that you are in a strong position. AMSL cannot demand money because you didn't contact them about cancelling as you were perfectly entitled to just tell the gym.

 

Do not respond to them at all until they reply adequately to your letters in posts #11 and #13.

 

[Adswebbo]

Just received another generic email the price has come down

 

 

ear Member

 

We refer to our previous correspondence and note that we have still not received a payment from you.

 

Your account not only remains in arrears, but the balance of the minimum term is now also due. Our client now reserves the right to instruct a solicitor to issue a recovery action against yourself,to recover the balance of the minimum term of the contract.

 

However if you pay 290.00 within the next seven days,including a discount for early payment,this action will no longer be necessary and you can use the facilities for the balance of the minimum term of your agreement.

 

(They list 4 payments methods)

 

We strongly recommend that you arrange payment immediately as this may be your last chance to avoid further action, and regain the use of facilities

[slick132]

Hi Ads,

 

Until they have the decency to respond to your letters, ignore them just as they have ignored you.

 

[Adswebbo]

Hi Ads,

 

Until they have the decency to respond to your letters, ignore them just as they have ignored you.

 

 

Not had any correspondence for a couple of months, when do I relax about this whole situation?

[slick132]

Hi Ads,

 

There is no telling whether they've given up yet, or if they'll still send out further chasers.

 

A good point is that, if they WERE going to chase this at all seriously, they should have done so promptly and they should have replied to your letter.

 

And the reason they have not replied is probably they know what you have told them (about giving notice to the gym) cannot be argued.

 

Tick, tock ...................

 

[Adswebbo]

Hi Ads,

 

There is no telling whether they've given up yet, or if they'll still send out further chasers.

 

A good point is that, if they WERE going to chase this at all seriously, they should have done so promptly and they should have replied to your letter.

 

And the reason they have not replied is probably they know what you have told them (about giving notice to the gym) cannot be argued.

 

Tick, tock ...................

 

 

Thanks for the response appreciate it will sit back and await another pathetic generic response