Ashbourne management contract for 7 year old. Can I cancel?

[Bazooka Boo]

I wouldn't even entertain the thought of court, let me do a bit of digging about and see if there is anything like this out there.

 

And re-read the whole thread again...

 

OK just having a quick mooch about, and from what you have said, this could be deemed as 'pressure selling'.

 

And although there were no cancellation terms or cooling off period in the T&C's, you have done everything possible to minimise their loss, and have informed them in good time, that your son no longer wishes to continue.

 

IMO, I'd be willing them to take me to court, so that the DJ can give them what for...again!

[slick132]

Hi Feet,

 

You've asked them to tell them what loss they've suffered and they've failed to address this.

 

I would now ignore AMSL and not reply to them.

 

Make formal complaints to both Trading Standards and The CMA :-

 

1. That AMSL are making demands for classes due to start in September that you cancelled in June

 

2. That AMSL added a minimum period of 12 months after you signed the agreement.

 

3. The agreement was for karate classes for a 7 year old who changed his mind just after you signed up.

 

4. No service was ever provided and AMSL have failed to tell you of any loss they have have suffered as a result of the cancellation.

 

Keep it very short and focused - post the complaint here first if you want.

 

[Feeturingnat]

Thank you slick....I will follow your advice and contact trading standards and the CMA.

 

I will post my letter here as soon as I pen it.

 

Many thanks for your advice again. Natalie.

[Feeturingnat]

Dear all,

I have written to AMSL one last time, requesting a letter of deadlock from them so I can take my complaint to the financial services ombudsman.

 

I understand that before you can get ombudsman service you need to have reached a formal deadlock. Im hoping that AMSL will realise I am happy to take the matter further and 'might' back down, only im not holding my breath! I will keep posting when I have further news.

 

Thanks for your advice and mental support.....it is appreciated.

Natalie

 

Sorry, the above thread should have read....consumer ombudsman service.

 

My letter was as follows....

 

I am writing to you regarding my membership dispute. I have been trying to contact you since 15.07.15 to cancel my 7 year olds karate classes -2 months prior to the contract commencing. I wrote to you on 14.09.15, 13.10.15 and 4.11.15 asking you to cancel these classes which he does not wish to attend and has not received services from. I have offered to pay a fair and reasonable penalty. I have also asked you to quantify any losses you have incurred as a direct result of this cancellation and you have failed to do so.

Your attempts to resolve my cancellation have not been satisfactory and you claim you are 'unable' to cancel without a penalty of £621, which feels unfair and unreasonable.

I feel we have reached a deadlock situation, and as such I am left with no alternative but to take my complaint to the consumer ombudsman service (COS)

Please issue me with a letter of deadlock so that I may refer this to the COS.

If I do not receive this written response, I shall assume you are in agreement that this case has reached a deadlock and I shall refer my complaint to the COS without further reference to you.

I look forward to your response,

........

 

 

I hope this will work..... natalie.

 

Ok.... now for trading standards and the CMA.......

[Feeturingnat]

I notice that in october 2013 that you had a blog from a lady called carol, in dispute with AMSL over her 4 year old son needing to cancel karate classes for her 4 year old son who had an injured hand/thumb. This is the same karate club I am trying to cancel for my son.....

 

I wonder if anyone heard the outcome? Same teacher/owner.....

 

Club called Sutton Martial Arts Academy SMAA.

[Bazooka Boo]

My letter was as follows....

 

I am writing to you regarding my membership dispute. I have been trying to contact you since 15.07.15 to cancel my 7 year olds karate classes -2 months prior to the contract commencing. I wrote to you on 14.09.15, 13.10.15 and 4.11.15 asking you to cancel these classes which he does not wish to attend and has not received services from. I have offered to pay a fair and reasonable sum. I have also asked you to quantify any losses you have incurred as a direct result of this cancellation and you have failed to do so.

Your attempts to resolve my cancellation have not been satisfactory and you claim you are 'unable' to cancel without a penalty of £621, which IS unfair and UNLAWFUL.

I feel we have reached a deadlock situation, and as such I am left with no alternative but to ESCALATE my complaint FURTHER.

I NOW REQUIRE YOUR RESPONSE IN ORDER TO ESCALATE THIS MATTER.

 

I LOOK FORWARD TO YOUR TIMELY RESPONSE WITHIN 14 DAYS,

 

REGARDS,

..

 

A few changes made in bold, don't ask, always demand, they are providing YOU with a service, not the other way round.

Assertive, firm, and direct. Don't ask, tell and demand.

 

P.S. That very generous offer you have made should now be withdrawn, they are no longer entitled to that offer, they had their chance!

[slick132]

Hi Feet,

 

If you've already sent the letter, wait and see if/how they reply.

 

If you have not yet sent it, please wait !

 

The FOS (which is who you mean) will not deal with this matter, so you've no need to write seeking a "final response" before complaining.

 

[Feeturingnat]

Oh dear....I registered the letter yesterday!

 

I thought the consumer ombudsman service would arbitrate in a situation where a consumer was in dispute with a service provider....

 

I will have to wait till they reply.

 

Thanks again,

[slick132]

Hi Feeturing,

 

Don't worry about this. It's done now and we can't change that so just let us know when you get a written reply.

 

For your info, here's a link for the Ombudsman Service that confirms the limited services they provide - http://www.ombudsman-services.org/about-ombudsman-services-os.html

 

[Feeturingnat]

Hi all,

 

Well no surprise I didnt get my letter of deadlock which I requested from them on November 18th.

 

Instead I have received this week, 2 texts advising me that my account is in arrears, and to contact customer services.....and today I received a letter dated 4th December stating I had 7 days to pay £155 in arrears.

 

I am not sure how to tackle them now. Should I write to them stating that I give their lack of response as to my deadlock request as their agreement in the situation.? I recall thats how I worded it in my letter to them as opposed to giving them 14 days to respond.

 

I feel as though I should write to them asking for no further contact until they take me to court.....

 

Is this a good way to proceed?

 

Any advice is gratefully received.....

 

Many thanks

[Feeturingnat]

Also I emailed the CMA with my complaint and they responded that they would pass the info to their 'pipeline and intelligience team' and would contact me if they needed any further info.

 

It feels like an automated dead end!

[slick132]

Hi Feeturing,

 

If they haven't yet replied properly to your letter, I suggest you do nothing more for now.

 

You should ignore their payment demands and you have no need to call them to discuss anything.

 

You should see by now that writing to them gets you no further. You've done all you need for now so don't be afraid to simply ignore AMSL.

 

Thanks for making the complaint to The CMA, which adds to the cause. Did you complain to TS as well ?

 

[Bazooka Boo]

The CMA doesn't look into individual consumer complaints, just as the OFT didn't, BUT they will file all the complaints regarding a company, and once the drawer is full, they will then look into the outfit, so not a dead end in reality, in the long run it will help others.

 

Please forward those silly text message to 7726 (spam on your telephone keypad) this too will help in the long run, as your network provider will log the text message as a ''nuisance'' and will pass the info on to Ofcom to either remove their licence or most likely fine the company.

 

IMO I personally would accept their ignorance to issue you with a deadlock letter, or attempt to resolve your dispute, as confirmation that this is in dispute, therefore you are at liberty to escalate this whenever you wish, however fully expect them to inform any ombudsman that you haven't followed their procedures and have not exhausted their complaints procedure, but don't be put off by their lethargic practices.

[Feeturingnat]

Hi all,

Sorry for my delay in updating but to be honest other than letters demanding money for arrears and text messages and calls which I have so far ignored, not much has changed.

 

Trading standards have also been informed of my dispute on several occasions when I have contacted citizens advice.

 

I guess now its a waiting game until they take me to court unless you have any other suggestions for me to move things along.

 

I appreciate all your advice and wish you all a hasstle free new year!

 

Many thanks, natalie

[Bazooka Boo]

Any text messages they send you should be forwarded to 7726 (spam on your phone keypad)

 

If you're receiving unsolicited phone calls, if you answer them, just laugh and hang up, or send them the telephone harassment letter, and go through your providers malicious calls procedure.

 

As for their puerile letters, just file them away under ignore.

 

If this ever does get to the courts, then they will lose.

[slick132]

Hi Feeturing,

 

If AMSL were going to take court action, they should have followed up their previous threats and taken action before now.

 

The longer they delay, the better for you.

 

HNY to you too.