Ashbourne dispute help needed!

[rotty63]

Hi all

 

 

This is my first time posting so please bear with me if I don't make much sense!

 

 

I joined a gym in January this year as it was on my way home from work and my sister had already joined. I was then unfortunately made redundant in May but managed to get a new job in June. My new place of work is now more than 15 miles from the gym and in completely the opposite direction to the route I now have to take home.

 

 

I was (thankfully!) given a copy of the agreement and T&C's that I signed by the gym when I signed up. In the T&C's it states the following:

 

 

"Your right to cancel this agreement

We will cancel your membership during the minimum membership period without any further obligation on your part if you are not reasonably able to access the gym in the following circumstances. You must either (a) provide a letter from your doctor to prove that you have been advised not to use the gym for the foreseeable future for a medical reason; or (b) provide written confirmation (e.g. a letter from your employer) to prove that the location of your main place of work has changed and is more than 15 miles from the gym; or © you provide written confirmation (e.g. utility bills) to prove that you have moved more than 15 miles from the gym."

 

 

I therefore got a signed letter from my employer on letter headed paper stating that as of 15 June my main place of work had changed and was now more that 15 miles from the gym and sent it to Ashbourne with a letter advising I would therefore be cancelling my DD, which I did.

 

 

Ashbourne then wrote back to me saying they wanted a copy of my employment contract, so I emailed them saying I wouldn't provide this (as didn't want them having all that personal information) as I had already provided a letter as indicated I should in the T&C's.

 

 

They then replied saying that I could only cancel if my place of work was 15 miles away AND if I had moved 15 miles away. So I wrote back advising them that the T&C's stated OR not AND, and as these were the T&C's that I had signed these were the ones I had agreed to and were bound to and that I had complied with them.

 

 

I have since emailed them a copy of the contract I signed about 6 times and they ignore me every time and just keep sending letters demanding more money.

 

 

Any help on how to get them to stop would be greatly appreciated.

 

 

(I've also attached a copy of the clause I refer to)

 

 

Thanks

[unclebulgaria67]

Hi all

 

 

This is my first time posting so please bear with me if I don't make much sense!

 

 

I joined a gym in January this year as it was on my way home from work and my sister had already joined. I was then unfortunately made redundant in May but managed to get a new job in June. My new place of work is now more than 15 miles from the gym and in completely the opposite direction to the route I now have to take home.

 

 

I was (thankfully!) given a copy of the agreement and T&C's that I signed by the gym when I signed up. In the T&C's it states the following:

 

 

"Your right to cancel this agreement

We will cancel your membership during the minimum membership period without any further obligation on your part if you are not reasonably able to access the gym in the following circumstances. You must either (a) provide a letter from your doctor to prove that you have been advised not to use the gym for the foreseeable future for a medical reason; or (b) provide written confirmation (e.g. a letter from your employer) to prove that the location of your main place of work has changed and is more than 15 miles from the gym; or © you provide written confirmation (e.g. utility bills) to prove that you have moved more than 15 miles from the gym."

 

 

I therefore got a signed letter from my employer on letter headed paper stating that as of 15 June my main place of work had changed and was now more that 15 miles from the gym and sent it to Ashbourne with a letter advising I would therefore be cancelling my DD, which I did.

 

 

Ashbourne then wrote back to me saying they wanted a copy of my employment contract, so I emailed them saying I wouldn't provide this (as didn't want them having all that personal information) as I had already provided a letter as indicated I should in the T&C's.

 

 

They then replied saying that I could only cancel if my place of work was 15 miles away AND if I had moved 15 miles away. So I wrote back advising them that the T&C's stated OR not AND, and as these were the T&C's that I had signed these were the ones I had agreed to and were bound to and that I had complied with them.

 

 

I have since emailed them a copy of the contract I signed about 6 times and they ignore me every time and just keep sending letters demanding more money.

 

 

Any help on how to get them to stop would be greatly appreciated.

 

 

(I've also attached a copy of the clause I refer to)

 

 

Thanks

 

All you can do is write telling them to stop writing to you or risk a county court claim being issued against them for harassment. State that you cancelled membership in accordance with the terms of the contract you originally signed and there is no reason for them to continue harassing you.

 

Then if they continue writing, just keep copies. If they phone you, make a log of calls. Don't throw away letters or not open them, judt in case it is a letter from a court with a court claim form.

[slick132]

Hi Rotty and welcome to CAG

 

Can you firstly confirm this is about Ashbourne Mgt Services Ltd, as opposed to Ashburn (another company connected with the gym industry.

 

[rotty63]

Thanks unclebulgaria, I'll give that a go.

 

 

Hi Slick, sorry yes it's Ashbourne Management Services Ltd didn't realise there was more than one.

 

 

Thanks

[slick132]

Hi Rotty,

 

You had no need to send them further documents in the form of your employment. They have no right to demand this and probably do it simply to delay the cancellation process, and rack up more in gym fees and their admin fees.

 

1. How much are they demanding now, for m/ship fees and for admin fees.

 

2. What did they say when they last contacted you.

 

We can draft a letter to send to them, citing the High Court case of The OFT v AMSL in 2011 in which they took a beating from Mr Justice Kitchin.

 

It may also be an idea to simply ignore them and stop responding to their letters. Sending them copies of the contract repeatedly will not help.

 

Remember, AMSL have no power or authority and, after that High Court case, they cannot trash your CRA files like they did before.

 

[rotty63]

Typically I can't seem to find the latest letter but it went along the usual lines of being in arrears and if I didn't pay they might refer to a solicitor etc etc. I think the last one was demanding £40 odd

[slick132]

Hi Rotty,

 

Find the letter and let us know what they said.

 

Then we'll draft a reply to AMSL.

 

[rotty63]

I couldn't find the letter but they've just sent me another one, it says:

 

We refer to our previous correspondence and note that your account is now seriously in arrears. According to our records the total outstanding amount on your membership is £104.97.

 

If you forward the sum of £104.97 immediately and confirm the set up of a new direct debit, we will allow you to continue to pay your membership on a monthly basis.

 

If you do not do this, we will withdraw your facility to pay monthly. Our client may then instruct a solicitor to commence legal action against you to recover the monies outstanding plus the balance of the minimum term of the contract.

 

Then just goes on to list the ways to pay.

[unclebulgaria67]

I would just write back stating you have cancelled membership per the contract terms you signed up to. Therefore you will not be entering into further communications with them and will be logging details of further communications with a view to harassment proceedings against them.

[slick132]

Hi Rotty,

 

I'd now write to them saying :-

 

I informed you why I cancelled my gym membership and have sent you many emails about this matter.

 

You failed to accept the cancellation and then refused to reply to me when I have contacted you sending documents.

 

If you contact me with further demands, or if you cause another party to contact me, I will make formal complaints to Trading Standards and to The CMA.

 

I am fully aware of the 2011 High Court ruling against AMSL and will use this as necessary in any formal complaint.

 

Send this to AMSL using RM Signed For delivery.

 

[rotty63]

I'll give it a go, thanks both

[rotty63]

Hello again!

 

 

They're STILL sending me letters! Do I just ignore them as I said in the letter I sent that I wouldn't be entering into any further communications with them?

[slick132]

Hi Rotty,

 

How many letters, calls or text msgs from Harlands/CRS since your letter to them in post #10 above.

 

[rotty63]

Hi Slick

 

 

I'd say about 4 or 5 letters have come through since I sent the letter. I've blocked their number so don't get any more texts thankfully

[rotty63]

And they're still coming from AMS, haven't had any letters from Harlands or CRS?

[slick132]

Arrgghhh - SORRY !!

 

I spend so much time here dealing with Harlands/CRS cases, I forgot yours is an Ashbourne (AMSL).

 

1. Have AMSL specifically replied to your letter above.

 

2. Do their letters seek payment and/or invite you to contact them to arrange payment.

 

[rotty63]

Ah that's ok

 

No they haven't replied to my letter just keep sending the letters demanding money, it's up to £180 now

[slick132]

Hi Rotty,

 

I suggest there's no need to reply to AMSL but you can, and should, make complaint to TS and to The CMA.