Issues with Ashbourne Management - Cancelling My Gym Contract

[vermilingua]

Hi, first time poster here - found this site through searching if others had the same issue as me.

 

Will try to be as concise as possible, but happy to elaborate if this will be useful.

 

My child joined a gym to learn Karate in November 15 and after an initial session, we signed up on a 6 month contract @ £35. This was organised and managed by Ashbourne Management.

 

I then decided to join in January 16 to learn MMA - also on a 6 month contract. Due to working too much, I struggled to make my lesson each week, but kept going when I could. It must be noted the gym didn't pull me up on my infrequent attendance or mention it in any way.

 

As to be expected with young children, my child decided not to go any more. When I spoke to the gym, they told me I had to pay the 6 months regardless so I chose to keep making the payments, but attend a second lesson each week so the money wasn't wasted. The gym were happy to agree to this.

 

I got more and more despondent with the gym due to a total lack of organisation, lessons changed on the occasions I could actually make it and a general lack of interest.

 

As such, and perhaps this wasn't my smartest move, I sent an email to both the gym (strongly worded, bit overly angry, but got my point across) and Ashbourne Management advising I wasn't coming back and wasn't paying any more money.

 

I referred to Clause 2 of the Ashbourne Contract and I quote:

 

"...my right to terminate without liability if the facilities or services you provide fall well below the standard that you reasonably expect us to provide"

 

My issue was that of disorganisation and as such, given I had paid far more than I actually used, I felt the position was square.

 

I received a response from the gym refuting all my points and essentially blaming me for being lazy. When I replied to explain I didn't feel like I fitted in, I never received another response.

 

I then entered into email dialogue with Ashbourne, and stated I only wanted to be communicated over email (and I've responded to every email sent). This has been ignored with both phone calls and texts.

 

I raised my complaint with them who basically disregarded it, told me it wasnt a reason for them to terminate the contract and that I need to pay.

 

On top of this, each letter I recieve has an elevated cost, where the current cost for each month is at £105 - this WITHIN a month of cancelling the Direct Debits.

 

I feel I have paid enough and their Clause 2 facilitates this exit, they clearly dont. My last email to them asking WHY they rejected my complaint has been unanswered for 11 days.

 

I would really appreciate some help on the best way to get out of this, ideally without paying another penny - but I am happy to listen to reason.

 

Also - if anyone thinks I am being out of order and that I should "just pay", please let me know - I just want all of this to be over as the stress its causing me is doing me no good.

 

Thanks for reading.

[slick132]

Hi Vermilingua and welcome to CAG

 

Yours son's m/ship - Did you pay this until the 6 months minimum period was over.

 

Your own m/ship

 

1. Are you saying you tried to attend your own classes AND those that YS was no longer using.

 

2. When did you write the email to the gym and AMSL saying they were in breach and you were cancelling.

 

3. When was the last payment you made to AMSL for your m/ship.

 

4. Please paste up what your letter said if it's not too long.

 

5. How did the gym reply.

 

Edited June 29, 2016 by slick132
sorted format

[vermilingua]

Hi, thanks for the reply - answers as below

 

Yours son's m/ship - Did you pay this until the 6 months minimum period was over.

No, I paid 5 of the 6 months.

 

Your own m/ship

 

1. Are you saying you tried to attend your own classes AND those that YS was no longer using.

 

Yes, the gym wouldnt let me stop paying for my child so I decided to use the money (or at least try to) with a second lesson each week

 

2. When did you write the email to the gym and AMSL saying they were in breach and you were cancelling.

 

Both were emailed on the 27th May

 

3. When was the last payment you made to AMSL for your m/ship.

 

April for both, DD cancelled before May payment hit

 

4. Please paste up what your letter said if it's not too long.

 

Bit long, sorry, but advised was cancelling both contracts with immediate effect, I'd paid enough money and my disppointment with how they are run (missed classes, no interest etc)

 

 

5. How did the gym reply.

 

Countered my points, but admitted and apologised for some of them - used the fact I hadn't attended as my supposed reason for cancelling

Edited June 29, 2016 by vermilingua
font tidy and thanks

[slick132]

Hi Verm,

 

Keeping it simple, I think you owe the final month's fee for YS's m/ship, subject to my comments below.

 

For your m/ship which started in January, you could offer to pay AMSL the final 2 fees but ONLY if they agree to waive their admin fees.

 

How much would the 3 fees cost you excluding any admin fees ?

 

If I thought you had good grounds to cancel without notice, I'd say so but I don't think you cancelled in the right way.

 

On other threads, you'll find a letter (normally to Harlands but the same will do for AMSL) offering to pay the final fees but only when AMSL agree to waive the admin fees. Make the offer valid for 14 days only. Tell them you will only pay when they give written confirmation that the 3 fees will be accepted in full settlement of all that you owe, and if they fail to reply within 14 days or they demand any higher payment, you'll pay them nothing and ignore further communications.

 

You could adapt the letter here - http://www.consumeractiongroup.co.uk/forum/showthread.php?458504-Xercise4less-cancelling-issue&p=4847365&viewfull=1#post4847365

 

Post a draft here first so we can check it before you send it.

 

[vermilingua]

Hi Slick - thanks for the reply.

 

See your point re: cancellation method and while I'd rather pay nothing, I agree that I probably do owe the final payment for my child (£35)

 

However, re: my own membership, I feel I have a relevant complaint, that hasn't been satisfactorily answered and as such I feel that I should pay a months notice (£35) and not the 3 months that I owe overall (£105)

 

Not overly comfortable sharing my comms to them word for word as this is an open forum, but happy to share over PM or other private methods.

 

What chance do you think I would have of using the template letter as linked above (thanks btw) and offering AMSL a months fee as cancellation noitce for both accounts.

 

I still have yet to recieve a reply re: my complaint from AMSL (all they've told me is they dont rcognise my complaint - with no reasons why) and the gym failed to respond to my second email to them.

As I said, I'd rather pay nothing, but if that's too hard a position to defend / win - then I feel 1 month's fees on both accounts complies with their Clause 2 of their contract.

 

Your thoughts would be very welcome on this - really just want to close this out now

 

Thanks!

[slick132]

Hi Verm,

 

Yes, this is a public forum but there's very little you could put here that would be detrimental to your case.

 

I'd write to AMSL saying :-

 

I acknowledge I owe 1 final fee for my son's m/ship and am willing to pay this, subject to the following.

 

I cancelled my gym m/ship due to a dispute that the gym were aware of but failed to properly address. I need not go into detail about this with AMSL.

 

I am willing to pay you 1 month's fee for my own m/ship to end the matter but I will not pay any more for m/ship fees or admin fees added by you.

 

This offer to pay £xx.xx is valid for 14 days and I require your written confirmation that you will accept this in full settlement of all that I owe.

 

If you fail to accept my offer or demand any higher amount, I will pay you nothing.

 

- really just want to close this out now

Many years experience here suggests that this will not be over quickly as they tend to keep pestering you for months. However, ignoring them is mostly what you need to do. Keep us posted.

 

[vermilingua]

Hi Slick,

 

Finally got round to writing this, thanks for the template above.

 

What do you think? Thoughts would be welcome.

 

IF they don't go for this, what other options do I have

 

Thanks

 

 

Dear Ashbourne Management,

 

I haven't recieved any sort of reply from my last email of the 17th June questioning your handling and

 

decision on my complaint.

 

Despite asking several times, I have not seen a copy of your complaints procedure, or any detail as to

 

why you are rejcting my complaint (or even acknowledging it)

 

However, I would like to resolve this issue and I acknowledge I owe 1 months membership fee (your

 

notice period) for each of the 2 accounts, my child's and my own.

 

Notice to cancel was served to yourselves and [GYM] in May for reasons already detailed.

 

I am willing to pay 1 month's membership fee to finalise this matter but I do not recognise your

 

penalty charges and will not be paying these.

 

This offer to pay £70.00 (2 x £35) is valid for 14 days and I require your written confirmation that

 

you will accept this in full settlement of all that I owe.

 

If you fail to accept my offer or demand any higher amount, I will pay you nothing.

[slick132]

Hi Verm,

 

Your letter is a bit too waffly - eg, who cares about their complaints procedure.

 

Why not fill in the gaps and send the letter I drafted above.

 

[vermilingua]

Hi Slick

 

Just wanted to re-iterate my points to them, but have de-waffled

 

Dear Ashbourne Management,

 

I would like to resolve this issue and I acknowledge I owe 1 months membership fee (your

 

notice period) for each of the 2 accounts, my child's and my own.

 

Notice to cancel was served to yourselves and [gym] in May for reasons already detailed.

 

I am willing to pay 1 month's membership fee to finalise this matter but I do not recognise your

 

penalty charges and will not be paying these.

 

This offer to pay £70.00 (2 x £35) is valid for 14 days and I require your written confirmation that

 

you will accept this in full settlement of all that I owe.

 

If you fail to accept my offer or demand any higher amount, I will pay you nothing.

 

Better? Cheers!

[slick132]

That'll do nicely.

 

Get a free Cert of Posing at the PO when you send it.

 

[vermilingua]

cheers - will keep you posted on any feedback!