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Trouble cancelling Ashbourne Management contract.

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Hello all, not sure whether or not this is worth mentioning on CAG forums but will post here anyway in case answers to this question might be helpful to other forum members.

 

I joined 3SixtyFitness, in Newark on Trent, a couple of months ago. I paid for personal training sessions upfront and also signed a six-month contract, with Ashbourne Payments for use of the gym itself when I wasn't training.

 

I rang the gym owner today to tell him that, owing to health issues/family troubles etc. I would have to cancel my gym membership. He said that would be no problem and that I should contact Ashbourne to sort it.

 

I emailed Ashbourne today saying I'd informed the gym owner etc. and that I would be cancelling payments. They then sent me this:

 

Hello

 

The contract that you signed and agreed to online is for a period of six months, to date you have made 2 payments and we require a further 4 payments in order to cancel.

 

Many thanks

 

Ashbourne.

 

Firstly, this is not true.

I have actually made three payments, the first two were paid at the same time

owing to the fact that I accidentally cancelled my direct debit and owed them, fair enough.

 

 

Another payment was sent on the first of this month through a new DD they set up.

I sent them an email along with screenshots of the payments from my account (and no other details!) and have yet to have a reply.

 

My main concern however is that they want to continue charging me for a service I will no longer use.

 

 

True, they haven't made me agree to a 12 month contract, but I'm still wondering if requiring me to continue to pay on a contract I want to cancel is legit.

 

Again, this is probably not worth mentioning, but any advice about this would be greatly appreciated.

 

Many Thanks.

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Hi RVJ,

 

Is the membership admin done by Ashbourne Mgt Services Ltd ?

 

It is usual for gym m/ship T&C's to allow for early cancellation due to injury/ill health; redundancy; moving home or work (if the gym's closer to work address).

 

Have you checked the T&C's for what's said about cancelling on health grounds.

 

Stay off the phone from now on. Keep everything in writing from now on.

 

The gym was wrong to tell you to contact Ashbourne. You had no need to do this at all although the email exchange may be useful.

 

Can you say more about the reason for cancelling and whether you can supply proof of the reason.

 

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Hi Slick,

 

Yes, membership admin for 3Sixty is all handled by Ashbourne.

 

I will read through Ashbourne's rules and see if I can't find anything related to ill health.

 

Do you think it's possible Ashbourne had told the gym leader to stay out of things? When I accidentally cancelled my standing order he said he couldn't do anything about it and that I had to ring ashbourne directly... maybe he just doesn't want to deal with them.

 

My main reason for cancelling is a long-standing health issue that I've been trying to get treatment for for over a month now. I might be able to scan a doctors note and send it over to them; I'll have a look in my files.

 

I will definitely be emailing them about everything from now on. Thanks for the advice.

 

rvj87

Edited by slick132
spacing added - far easier to read

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Hi RVJ,

 

Gyms and their admin companies don't communicate well and tend to pass the buck. But in your case, the gym should have taken action themselves to assist in processing the cancellation.

 

Let us know what you find in the T&C's about cancelling on health grounds.

 

Don't make further contact with AMSL or the gym until we've sorted this out.

 

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Hello again,

I've had a look round their site and can't seem to find anything about cancellation. I did however find some relevant info via google and judging by that it doesn't look like I'd be able to cancel on health grounds with what I've got; my condition doesn't actually prevent me from using machines etc.

 

Also, I had an email today from Ashbourne saying that part of the £61 I paid last month was for a late payment charge and admin fees and not two payments so I still owe them a bunch :/ I'm looking forward to having them paid off so they'll shut up.

 

Thanks again.

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Hi RVJ,

 

Do you have your copy of the actual DD mandate that you signed. The m/ship T&C's may be on there.

 

Or were you given any T&C's when you joined.

 

Unless you tell us a bit more about the reason for wanting to cancel, it's difficult to offer informed opinion.

 

Let us know about the T&C's and ignore demands from AMSL for now. If they continue to impose admin fees, that alone may be grounds to cancel.

 

:-)


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Hi again slick,

Sorry for not replying sooner.

When I joined 3sixty I just gave the owner my card details for the DD and that was that.

I'm going to the gym either today or tomorrow to see if I can get a copy of the mandate or the Ts&Cs and go through them.

 

As for the reason for cancelling, I am really struggling with clinical depression.

I've been trying to get help from the local CMHT for over a month and I've been ignored.

 

 

I find it very difficult to focus on improving my physical health

when my mental health makes it a struggle to just get through the day

and just seems to keep getting worse.

 

 

I used to volunteer for the YMCA but I had to give it up;

after I stopped seeing my psychologist in Nottingham (had to- moved to Newark)

all my problems came back and hit me like a train;

I had to fight myself to get up and eat, and the same thing has happened with the gym.

 

 

My motivation is just dead in the water, along with my will and my ability to see the point in things.

This is a weak, pathetic excuse and I hate myself for it, but I can't shake it.

 

 

I hate having to reveal this about myself and I'm sorry for going on about my problems,

but that is my situation at the moment.

 

Now I know Ashbourne will refuse to let me cancel for poor mental health and fair enough

, it wouldn't stop me from actually using the machines,

so maybe I should just keep paying until I'm paid up and can stop.

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Hi Rv and thanks for the info.

 

What you say is not weak or pathetic. The condition you describe helps us to decide how best to deal the issue.

 

The gym should have dealt properly with the cancellation and NOT told you to contact AMSL. In my opinion, you had every right to cancel on health grounds.

 

1. Do you have anything in writing that confirms your condition, such as a Dr's letter; a letter from the CMHT; or anything else to confirm your health issues.

 

Now I know Ashbourne will refuse to let me cancel for poor mental health and fair enough

 

AMSL can say or do what they want but they cannot refuse cancel if you have reasonable grounds. In any event, my inclination is to tackle the gym direct, not AMSL.

 

Answer Q1 above and also let us know how you get on seeking the documents from the gym. Do NOT get involved in any argument at the gym - there's no need for this and it won't help you get the m/ship cancelled. We'll help you do this.

 

:-)


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Hi slick,

Thank you for being understanding.

Quite a few people have said the opposite.

 

I do have a doctor's note,

but it was written quite a while ago, and doesn't explain exactly how things are at the moment,

so I've made an appointment with my current doctor to get a more up-to-date letter that explains my situation etc.

 

I also went to the gym and spoke to the owner about having a copy of the t&c.

I kept civil and neutral despite the fact that his response annoyed me a little tbh.

 

 

He told me that he doesn't keep copies of any dd mandates or contract terms & conditions at the gym whatsoever.

According to him he can't have anything like that lying around for security reasons. Hmm.

Apparently I'm supposed to contact Ashbourne directly and ask for a copy.

 

I will be speaking to my doctor on the 20th and should have a note from her soon-ish.

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Hi Rvj,

 

Well done for keeping civil with the owner - losing your rag would have not helped at all.

 

A more up-to-date letter would be good if it's free or affordable to you. Otherwise, we can work with what you've got. What's the approx date of the older letter ?

 

Don't worry about getting sight of the gym's T&C's. I found AMSL's T&C's on the Newark gym site where it says :-

 

We will cancel your membership during the minimum membership period without any further obligation on your part if: (a) you provide a letter from your GP to prove that you have been advised not to use the gym for the foreseeable future for a medical reason

 

This would certainly cover your situation, particularly if your GP letter said anything about not using the gym due your current condition.

 

I also found this, which backs up what I said about the gym being WRONG when they said you had to give notice to AMSL :-

 

9. Notices

Notification must be given in writing.

We recommend that you notify Ashbourne Management Services Ltd at the address overleaf or such other address that it provides to you in writing. However, you may notify us at the club if you wish.

 

Let us know about the GP letter.

 

Finally, can you tell us what you said about cancelling in the email you sent AMSL. Did you mention any reason at all.

 

:-)


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Hi,

The older letter was written in 2014 so it's due for an update anyway.

 

 

The surgery charges £30 (I think that's what they said) but I can afford that so no problems there.

 

 

I'm not quite sure how to ask my doctor to phrase it/what exactly it should say though;

any advice would be greatly appreciated, along with the help you've given me so far.

 

Thank you for finding the t&c for me.

I didn't give Ashbourne a specific reason for cancelling;

I just said I'm cancelling my membership with 3sixtyfitness and would like to cancel the direct debit I set up.

I'll let you know as soon as I have the letter

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Hi RVJ,

 

What does the older letter say. If you can save yourself £30, you should do so. Please see my PM to you.

 

You could tell the doc that you found attending the gym stressful and have to stop. She could perhaps say you should stop using the gym due to ongoing health issues. I don't think they need any more info than that.

 

:-)


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Hi slick,

Thanks for your PM. I don't mind discussing the details of the letter here. Basically the older doctor's note explains that my problems make it difficult for me to hold down a job and advises that it's better for me to not seek work for the time being. I don't know how well this would suit my current situation? Honestly I don't mind spending £30 to not have to give Ashbourne £120, especially if this letter is better tailored to my current situation so I think I'll still speak to my doctor, taking your advice on what I should mention to her.

Thanks

rvj

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OK and keep us posted

 

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Hi slick

Sorry to reply so late. I was, as you know, about to make an appointment with my doctor and managed to arrange a phone appointment for the 20th. I came to stay with family during the week (it was my sister's birthday) and unfortunately owing to dreadful mobile reception in the village where my parents are, I missed my appointment completely. So anyway, I made a new appointment for the 10th of May. Not sure if that's leaving things a little late but it's all I can get at the minute. The doctor I want to speak to, who best understands my condition, is away until then so I think I'll wait until then.

rvj

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Hi RVJ,

 

Noted and come back when you've seen the Doc.

 

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Hi slick. Just letting you know that I now have a letter from my doctor. Sorry for the delayed reply.

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Hi RV,

 

Are you happy to tell us roughly what the Doc's letter says without going into any detail you'd rather keep to yourself.

 

I can then draft you a letter to send to AMSL.

 

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Hi, I don't mind quoting the whole thing:

"I am writing in support of this young man's request to cancel his gym membership. His mental health is currently poor and it is not feasible for him to be able to access the gym at this present time."

hopefully they'll accept this as a valid reason

Rvj

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Hi Rvj,

 

You can now send the following letter to AMSL :-

 

Dear sir or madam,

 

I refer to my gym membership which I had to cancel early.

 

I now enclose a copy of the letter supplied by my GP in support of the cancellation.

 

Yours faithfully,

 

Send this to AMSL by post and get a free Certificate of Posting at the PO counter, so you have proof of postage.

 

Let us know what happens next, if anything ...............

 

:-)


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Thank you. I will get this done on monday. I'll let you know as soon as I hear back. Thanks

Rv

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Hi again,

 

I sent both the doctor's letter and the letter you kindly wrote for me to Ashbourne on monday the 23rd (for which incidentally I have proof of postage). To date I have had no response, via post or email, from ashbourne. Not only this, but they have taken another £32.00 out of my account! :-x

 

Where do I go from here?

RVJ

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Hi slick,

I'm sorry if other messages haven't reached you; I think I may have accidentally posted them in the wrong reply box thing so they may not have been appearing in this topic.

 

I sent both the doctor's letter and the letter you kindly wrote for me to Ashbourne on monday the 23rd of may (for which incidentally I have proof of postage). To date I have had no response, via post or email, from ashbourne. Not only this, but they have taken another £32.00 out of my account! :-x

 

Where do I go from here?

RVJ

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Hello,

I apologise for the lack of communication; it seems I keep putting my replies to this thread in the wrong place somehow; I keep getting confused about where I'm supposed to post what so I hope this reply actually reaches you. Also sorry if I've accidentally posted the same reply 4 billion times without realising it.

 

I sent both the doctor's letter and the letter you kindly wrote for me to Ashbourne on monday the 23rd (for which incidentally I have proof of postage). To date I have had no response, via post or email, from ashbourne. Not only this, but they have taken another £32.00 out of my account!

 

Where do I go from here?

RVJ

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Hi RVJ,

 

Your replies are in the right place.

 

Give us time to consider the situation and we'll give you the right advice in due course.

 

:-)


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