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I know there are a few of you out there with a gym membership problem - did anyone see watchdog last night. A gym was featured after not letting people out of their membership who had health problems - they soon changed their mind with plenty of apologies.

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Damn, missed it.

 

I've had problems with Ashbourne Management Services after I developed a medical problem which has put me out of work for 18 months.

 

They initally said (in writing) that I could cancel my membership with a doctor's letter, which I duly sent along with other supporting documentation.

 

Then the demands started....

 

At least one letter per month, to which I always sent the same reply referring them back to the doc's letter. I eventually shut them up by telling them that any further such letters would be treated as harrassment.

 

Now they've appeared on my credit report so I've sent them a Statutory Notice to stop processing and storing my data without my express written consent, and to contact any person or organisation to whom they supplied my data and withdraw it.

 

In fact, they've only got until Tuesday to comply with the Notice, and as I've already sent them a reminder I feel a complaint to the ICO coming on :)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Go to the bbc site/watchdog, you can send an e-mail to them it seems they are taking an interest in the subject. Did you sign a cca and if so have you asked them to provide you with a copy. The Gym last night were in breach of their own terms and conditions and quickly made a u-turn, can't remember the name of the gym but it may be on the website.

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I signed an "agreement" but don't honestly remember the details. I sent Ashbourne a CCA request but they returned my £1 cheque and never supplied any documents. This was back in November '06, so there's no danger of them getting any money out of me.

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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Whether they returned the cheque or not, they have defauklted on the CCA and therefore the debt is unenforceable. Write a letter telling them that and report them to the OFT.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Already done :D

 

Now I'm trying to get them to remove a default. I'm using the DPA, stating that they acted unlawfully and unfairly by processing incorrect data and passing to a third party (the CRAs).

 

:)

  • Barclays: WON!!! It took four months but was totally worth it!
  • Cabot: I'm still waiting for an enforcable agreement, more than a year after requesting it. Go on, Uncle Ken, take me to court if you dare. You know you want to!
  • Elephant.co.uk: VICTORY - they admitted there was no debt!
  • Ashbourne Management (gym membership): Finally got my default removed and out-of-court settlement; I'm not finished with them yet!

<--- If I've been helpful please remember the scales ;)

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djdave, what is the DPA, I know it's probably obvious. Also am I right in thinking a debt should not be passed onto a DCA without prior notice.

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Data Protection Act ;)

If my post was helpful don't forget to click the star!

Advice is offered freely, without liability and without prejudice.

If in any doubt professional legal advice should be sought.

 

I do not profess to be in any way legally trained, I am a big

oily truck driver and all I know has been learned within the

Consumer Action Group.

 

FAQ's

http://www.consumeractiongroup.co.uk/forum/faqs-please-read-these/

 

Trying to stop smoking?

http://www.consumeractiongroup.co.uk/forum/give-up-smoking-here/

 

A dummies guide to the forums

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

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KEEP WILDLIFE IN THE WILD

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BORN FREE FOUNDATION

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I have just come back onto thread as I had a flash of memory, I just went blank or perhaps it was a blond moment.

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  • 3 months later...

Just to update, the case went to court, the judge decided that the first year's subscription had to be paid plus the court costs but threw out the claim for the second year. The Judge also reprimanded the claimant for the way he has chased the debt, going against the OFT debt collection guidelines, which we had added to the court bundle, apparently he has been told of this on a number of occasions. We are now going to complain to the OFT - on the Judge's recommendation that we were fully entitled to do this.

 

The debt has now been paid in full, the court has been informed by my friend that it has been paid, they have made a note but apparently cannot update the file until the claimant informs them.

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  • 1 year later...
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