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    • Dear PIXeL_92 It has been explained to you in previous correspondence that the roof tiles that are the subject of your complaint, at the time of inspection were heavily covered in moss. It is in your agreed terms that the surveyor will not carry out an asbestos survey and is not required to scrape away moss if the surface below is obscured. The surveyor will carry out only a visual inspection and comment on defects visible at the time of inspection. Roofs can fail at any time particularly in periods of inclement weather. As stated in your report, the surveyor confirmed that the roof was in a satisfactory condition at the time of inspection therefore would not require replacement in the immediate future. The subject building is a utility building and is not a habitable room of the main property. As previously explained, tiles on an outbuilding of this nature would not affect the property value. You state you would have factored in the cost of removal/replacement into the purchase offer however as advised at the time of inspection the tiles were in a satisfactory condition and you have not sought to replace the tiles in the three years following the date of inspection. This confirms the comments provided by the surveyor. You have previously stated that the roof became damaged due to high winds and the roofing specialist you instructed to replace the broken tiles made you aware of the possibility that the tiles may contain asbestos. However, you have not yet had the tiles tested to confirm the presence of asbestos. Our surveyor revisited your property and confirmed that you have had the damaged roof tiles replaced. A roof that contains asbestos will only become a health and safety risk if it is disturbed and it therefore seems odd that the roofing contractor was happy to replace the tiles if in fact asbestos was present. We understand that raising a complaint and progressing to legal action as you have suggested you wish to do can be a lengthy drawn-out and expensive process with no guarantee of success. If necessary, we will notify our legal team to address this matter on our behalf however, we are happy to attempt to settle this matter in advance to avoid prolonged communications and extending this matter for many more months. In an effort to conclude this matter to the satisfaction of all parties, we shall increase our goodwill offer to £500 in full and final settlement of this matter. This offer will be available until Thursday 27 August 2020. There will be no further offers made after this date. I look forward to your response. Yours sincerely, Walker Dunn MRICS
    • Sorry for the text heavy post, we are getting nowhere with them, I need some help deciding our next steps, I have a couple more emails as PDFs that I need to attach below.   Dear PIXel_92, We confirmed in our previous email that our offer would be made available until Friday 14 August 2020. This offer was presented as a gesture of goodwill based on the information you have provided in support of your claim. Thus far, we have not had sight of a Specialist Report confirming the presence of Asbestos or quotations for the required works. Since you have not furnished us with any additional information we are unable to provide any further comments on the matter at this time. If you’re able to provide the requested information we will be happy to review the matter and discuss it further with you. Kind regards, Customer Relations ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   I have on two occasions offered to have it tested further than a visual inspection but if it comes back as asbestos you cover the costs, you asked me for the costs involved in getting it tested and you neither agreed to nor declined to cover that cost if it came back as asbestos, again I am happy to have it tested but if it comes back as asbestos to have those costs covered.   I have sent communication from a roofer on headed paper confirming they belive it to be asbestos but they aren't registered to remove it.   I am happy to get three formal quotes written on paper and provide them, I have spoken to a roofer that deals in asbestos that was here to do another job at the time and he said just going off rough size it would be approximately £2000 to remove the roof and dispose of the asbestos. I will get some quotes over the next week and get back to you with them.   Regards ************************************************************************************************************************************************************************************************************** Dear Walker Dunn,   Could I please get confirmation regarding if you are going to cover the cost of testing if it does come back as positive before I go ahead with it.   I now have 3 quotes for removal of the asbestos too.   My solicitors has also forwarded me this to read through, https://www.rics.org/uk/upholding-professional-standards/regulation/how-we-regulate/disciplinary-process/panel-hearings/disciplinary-panel-hearings/walker-dunn-limited-and-colin-walker/.   This will be our next step going to the RICS / property ombudsman as we seem to be getting nowhere and it has been going on for some time due to you not answering the above question.   If you don't answer it we can get it tested and look at legal action to recover the money at a later date if that's how you want to do it.   Regards **************************************************************************************************************************************************************************************************************  
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In contract with gym, they won't cancel only freeze - Clifford Health Spa, Ashbourne Management


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I signed up for a gym around a year ago on a 12 month contract that asked you to give three months notice if you wish to cancel after that point (so 15 months being the mimimum you can stay with them).

 

The gym closed in April when the world went into lockdown and membership fees were frozen.

I paid eight months worth of the contract up until this point.

 

The gym has now reopened with restrictions in place that coincide with gov guidelines.

However because of this you can only use the gym for an hour at a time and the hours have been reduced slightly.

 

I am now wanting to cancel the membership on the basis of it not being what I originally signed up for.

I spoke to someone on the phone who said that isn't grounds for cancellation and they can freeze the account until I am ready to return but that's the best they can do.

 

What rights do I have?

I don't want to just cancel my direct debit and cause issues with owing them money

but I also don't want to keep freezing the account as it seems like it will never end!

 

Any advice would be appreciated!

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Hello and welcome to CAG.

 

Could you tell us which gym organisation please? It could help us to advise you. :)

 

Best, HB

Illegitimi non carborundum

 

 

 

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Thank you.

 

Site team member @slick132 is good on gym matters, I expect he'll be along to help later but we have other caggers who know about gyms as well.

 

HB

Illegitimi non carborundum

 

 

 

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  • dx100uk changed the title to In contract with gym, they won't cancel only freeze - Clifford Health Spa, Ashbourne Management

when did you last pay April?

when did you last use the gym?

 

stop using the phone!!

gym memberships dont appear on credit files so can't harm you

and gyms don't do court.

 

simply offer them ONE months membership along with your cancellation letter. they can't enforce 3 mths cancellation rule.

if they don't agree, ignore them totally.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Thanks for your response! I

last paid in March and went in maybe November of last year as I moved house in December a bit further away. 

 

I am trying to get access to my contract to check the T&C's but realise I lost my paper copy in the move.

The company are now claiming they sent it but they haven't.

 

 

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forget about stupid contracts...it's the norm of 1mts across the board.

 

pers i'd do as i said and ignore them

stuff and all they can do.

 

1000's of like threads here to read

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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DCA's are NOT BAILIFFS

and have

ZERO legal powers on ANY DEBT - no matter what it's type.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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  • 2 weeks later...

Sorry, only just seen this 😳

 

Cancel the DD via your bank immediately. You don't need their permission to cancel the DD and it's common for gyms and their admin companies to lie about what you can or can't do.

 

The gym or Ashbourne Mgt Services Ltd are wrong to require 3 months notice - this is unfair to you as a consumer. They'll complain, make demands, etc but they'll do nothing significant to affect you.

 

Keep us posted ..........

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Thanks for coming back to me on this.

 

I've reported them to trading standards since they are now not providing my contract with the t&cs (I stupidly lost mine when moving recently).

 

I have a feeling they are waiting until the gym can offer what it was able to originally (normal opening hours and longer time at the gym) but out of principle I want to cancel regardless, their customer service was shocking and the woman on the phone who I spoke to a few weeks ago ended up hanging up on my partner when they took over the call (as I was getting nowhere and don't do confrontation well!!)

 

Am waiting to hear back from them and have made them aware I'm taking it further. For the sake of 4 months payment left it's probably not worth the hassle but now I'm so tired of this that I'm not going to give in!

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No stop ringing them

and give the money to us!!

 

you owe nowt.

 

Dx

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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This was the only time I spoke to them on the phone and have everything else over email, though they are mostly all me!!

If they do call again (unlikely) I will request an email because they've been awful over the phone!

 

Thanks, hopefully I will hear from them soon!

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why do you want to hear from them?

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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ignore them.

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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Hi MeetMe,

 

We've been dealing with gyms and their admin Co's for many years. You're wasting your time tryng to get T&C's from them.

 

Arguing anything with them will change nothing.

 

Cancel the DD mandate via your bank and forget trying to get the gym or AMSL to "allow" you to cancel the m/ship. It is your right to do this in your present circumstances.

 

AMSL will say you shouldn't have cancelled and will then "add" admin fees but that does NOT mean you owe them a penny. Any such dispute will not result in any legal action or damage to your credit reports.

We could do with some help from you

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Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Too early to celebrate, yet. The gym may have accepted the cancellation but .........

 

......... do not be surprised if AMSL, the gym's admin Co, make further demands saying you failed to give the correct notice.

 

If they make any such demand, don't reply to them at all, but come back here to tell us what they're saying.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Good that AMSL have acknowledged the cancellation but ...........

 

......... I still stand by what I said above. Iwouldn't be at all surprised if AMSL make demands for more money re cancelling without notice.

 

Just keep us posted though.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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Ah ok, that's a good point... would they be a position to do that having confirmed that the membership has been cancelled? I mean, I wouldn't put it past them by how they've acted so far but I have email confirmation so would have thought that would be sorted. If they'd asked for a months notice I would probably pay it to get them off my back but they didn't! 

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Being objective, it could be that they accept you've cancelled the DD mandate and you can no longer access the gym.

 

But that does not rule out them arguing that you cancelled early or without the notice they require.

 

Let's not second guess though - let us know if they come after you for more, or if they let it rest.

We could do with some help from you

                                                                PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

                                            Have we helped you ...?  Please Donate button to the Consumer Action Group

 

Please give something if you can. We all give our time free of charge but the site has bills to pay.

 

Thanks !:-)

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no you go radio silent on everyone.

 

stop thinking anyone has anyway to cause you issues anywhere.

 

dx

 

please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s -  would collapse overnight.

 

DCA's view debtors as suckers, marks and mugs - that's why they will never tell you they are not bailiffs and have absolutely zero legal powers on any debt.

 

 

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