Ashbourne Management Services Ltd **WON after claim issued**

[Basualdo]

EDIT: Ashbourne MANAGEMENT Services Ltd

 

Hi

 

I've noticed through a search, 1 or 2 threads on these people already.

 

Basically, I signed up yesterday to a reduced price Gym membership, but they have crossed the printed '12' months contract out and written in handwriting '36' months whilst I was filling out a health check form and after I signed the agreement.

 

I now don't wish to be in this 36 month contract, but there is nothing to suggest any cancellation time.

 

How the heck do I get out of this?

 

I'm trying to look for any weaknesses in the contract.

 

1. I have not been allocated a membership number on the contract form

 

2. Via the offer letter they offered me 'Gold' Membership, on the contract I have been awarded 'Pearl' Membership

 

3. The crossed out 12 months on the form, replaced by handwritten 36 months - is this legal?

 

4. On the back -terms and conditions A: You agree to remain a member of the club for a minimum period of one year...Nothing about 3 years

 

It's only £17 p/m so will let payments be taken rather than have a debt collector hassling me, but wish to try and get out of this contract if possible.

 

I joined up as I suffer from depression and exercise is meant to be good. Would I have a claim that I wasn't thinking straight? I wasn't, I agonised for 2/3 weeks before I did it. If I got my GP's backing?

 

Please help if possible

 

Thanks

[PGH7447]

If you signed yesterday then you should have a 7 day cooling off period, maybe wrong but I thought all contracts regarding payment for services were covered by this.

 

Also if the contract says 12 months in the T&C's then that is the legal term length not what some desk jockey pencilled in

[Basualdo]

Thanks for the reply PGH7447.

 

Apparently cooling off periods don't apply if I signed up at the place where the contract will be carried out. In this instance, the gym.

 

I visited CAB today, who told me that the 36 months pencilled in on the front and the one year printed on the back, was a grey area. I've been advised to write to them, via recorded delivery stating a few things including the altered contact length and the difference between the front and the back.

[slick132]

Hi Basualdo,

 

Have you spoken to the manager of the gym to try and resolve this. That should be your first attempt. Say you want the 12mnths membership as advertised on the printed contract and you'll review your m/ship after 12mnths.

 

Do you have your own copy of the agreement.

 

If you get no joy with the local manager, write to the Co's Head Office saying they have altered the contract period AFTER you signed and the contract is therefore neither valid, nor enforceable.

 

Tell them you've cancelled the bank DD or SO for pay't, and that any attempt to collect from you using a DCA will be strongly defended. If they harass you about this, CAG will help you sort it out.

[Basualdo]

Hi slick132, thanks for your reply.

 

I visited my local CAB and we contacted the gym from there. They were unhelpful and refused to budge.

 

I have a copy of the agreement, with the alteration after I had signed.

 

I am writing a letter at the moment, ready to send recorded delivery tomorrow.

 

I shall include the bits you say I should add in the letter.

 

Should I give a deadline in which they should reply and should I make a request for a refund of the monies already paid? £50 registration fee and £17.29 first months membership?

 

How tough should I be and should I threaten further action at this point?

 

Many thanks

[slick132]

If you still wish to use the gym, I'd say you are happy to sign a new contract which covers 12 months, and that you refuse to be bound by the contract which you signed earlier and which was subsequently amended by the gym's employee.

 

Confirm that you have taken advice in this matter and understand the manual alteration to the contract AFTER you signed it makes it unenforceable. You have therefore cancelled the banks instruction to pay them. This will be re-instated when and if you sign a new 12 month contract.

 

Tell them you would like this resolved within 14 days and require their reply in writing, not by telephone.

 

If you don't want to use the gym, tell them you require a refund of the Reg'n Fee and the 1st months m/ship within 14 days, failing which you will take further action as necessary.

[Basualdo]

I am no longer wishing to use the gym as I feel I won't be given a fair membership after this.

 

Thanks for your advice, I shall include what you say in my letter. It was pretty much all there.

 

I'll send it off tomorrow and come back here with any news.

 

Thanks for the help

[slick132]

Good luck then, and I hope you can find another gym in the meantime.

[Basualdo]

Thanks, letter is done. Photocopies will be made and recorded delivery paid for.

[Basualdo]

According to royalmail.com my 'letter' was received by them yesterday.

 

Ironically, I received a letter from them today welcoming me.

 

I'm hoping that this was a cross in the post, as opposed to them taking the pee.

[Basualdo]

Right, i've had a reply via post.

 

Ashbourne say they are unable to cancel my membership as I have taken out a 36 month contract. They have not mentioned my points regarding the changing of the contract by hand after I had signed the contract.

 

My only way out of it is by transferring it to someone else (I know of non-one who would want a 36 month contract!) or cancelling it for a maximum of 2 months upon receipt of proof of financial difficulty!

 

What is my next step? I don't want to sit back and let money go out of my account each month for a contract length that I did not agree too.

 

Thanks

[slick132]

Hi Basualdo,

 

Write to your bank immediately to confirm that the DD to Gym is NOT to be paid.

 

I don't know if you can transfer you m/ship but that is really no way to resolve this anyway.

 

Ltr to the gym saying, "for the reasons given in my earlier ltr dated XXth April which you have not properly answered, the DD in your favour has been cancelled.

 

I require the immediate refund of the monies I paid to you on date totalling £xx.xx. If you do not refund my money within 14 days, I shall taken court action against you for its return.

 

As this matter in "In Dispute", any attempt to collect further money from me will be in Breach of OFT Debt Collection Guidelines, Sections 2.6 and 2.8, and will be reported to the relevant authorites for action against you and/or any Debt Collection Agency you instruct."

 

Let us know what comes back.

[Basualdo]

I shall sort out the bank ASAP then. The first payment is not due until 9th May and the standing order is not on my account yet anyway.

 

I shall write another letter with your suggestions and see what they say, although i'm guessing it won't be favourable.

 

I guess it's just a case of keeping on at them?

 

Thanks for all your help, it's much appreciated.

[Tau]

Ashbourne are a bunch of b******s. They will keep hasseling you for the money and will default you if they dont get it. They will then write to you every six weeks until you pay, they wont take you to court.

 

Membership Management & managing defaulters

[Basualdo]

I'd seen that page before Tau (when I looked them up after noticing the defacing) and it just made me think negative thoughts about them.

 

I totally agree with you - absolute bleep bleeps.

 

I have had another letter today. It was the same as the other letter, only they added "The change in duration, offering you a fixed monthly fee for a full 3 years would have been made prior to you signing the contract, hence the change can be seen in your own copy"

 

So I have to change this letter that I was going to post today.

 

I take it I shall just take out the bit i've made red in slick132's suggestion?

 

for the reasons given in my earlier ltr dated XXth April which you have not properly answered, the DD in your favour has been cancelled.

 

I require the immediate refund of the monies I paid to you on date totalling £xx.xx. If you do not refund my money within 14 days, I shall taken court action against you for its return.

 

As this matter in "In Dispute", any attempt to collect further money from me will be in Breach of OFT Debt Collection Guidelines, Sections 2.6 and 2.8, and will be reported to the relevant authorites for action against you and/or any Debt Collection Agency you instruct

 

Thanks

[slick132]

And maybe add at an appropriate place:-

 

"In response to your ltr of xxth April, I must confirm that the alteration was made to the contract AFTER I signed it."

[Basualdo]

I shall do.

 

Will type it up when I get home.

 

Thanks for all the advice

[Tau]

They are still hasseling my wife for 200 odd quid, even though she was declared bankrupt last july and registered a default after the date of the bankruptcy.

[Geordie_Mac]

Totally new to this whole forum thing; found link on google, but was wondering if you could help me.

 

I foolishly signed myself and my daughter up to a gym using Ashbourne Management Services. It is a 36 month contract, and we're lookin for any possible way of getting out of it as the gym itself is dire!

 

The only possible flaw we can currently see on the contract is that it is for both me and my daughter, yet only i had to sign it. They also incorrectly stated her date of birth; she was 15 at the time and yet the contract states she was 16. Could this help us in any way?

 

Before I noticed this flaw in the contract i spoke to both the manager/owner of the gym and Ashbourne Management Services; both to no avail.

 

Also, if i stop the payments altogether, what do you think the likelihood is of them taking me to court etc over this?

 

Any advice would be greatly appreciated; I've been paying them since October 06!

 

Many thanks!!

[slick132]

Hi G-Mac,

 

You should start your own thread for this using the NEW THREAD button at the foot of the General Debt Issues forum.

 

The points you make about the contract may be of help to you but you'd have to expect them to harass you for non-payment - seems they have a reputation.

 

When you signed, did you do so knowing it was initially for 36 months.

 

Get your thread running and help will come.

[Basualdo]

I have received a reply asking me to send a copy of the contract for them to investigate.

 

Do I send a copy? They have a copy from the last time I wrote to them!

[slick132]

Hi Bas,

 

If you've already sent them a copy of the altered contract with your last letter, write to them saying they've had this already, they are wasting your time and you need a refund within 14 days or you'll take legal proceedings without further notice.

 

Head the letter - LETTER BEFORE ACTION

 

After that, you should file at court using Form N1 without wasting further time on them.

[Basualdo]

Okay, I shall send them a letter saying they have already had it etc.

 

How much is an N1 claim going to cost me?

[slick132]

See here - http://www.consumeractiongroup.co.uk/forum/general/112076-new-county-court-fees.html

 

You would claim back from the Defendant any court fees paid. If you lost, you would not be liable for the other side's costs in a case like this.

[Basualdo]

The letter has been sent.

 

If I read that right, it will only cost me £30? Or will it take into account the 3 year contract they are trying to get me into?

 

How much will it cost Ashbourne to go to court?

 

Thanks for all the help!