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

[slick132]

Hi Bas,

 

If they had any sense, they'd postpone collection proceedings.

 

However, they can, and probably will, continue to harass you 'cos they appear to be ignorant fools. Just ignore their demands but keep them to take to court - this may well count against them.

 

Make sure you have all your documents (contract, letters, etc.) neat and ready in a folder. You may have to copy everything for the court and for Ashbourne if you are told to file evidence before the court date.

[tarantino]

Hi, I'm in a similar situation where I signed up with good intention. A couple of months down the line I have had to relocate (approx 50 miles away from the gym), and am not sure whether I can cancel. When I was signed up at the gym I was told by the girl that I could cancel if I get injured or if I leave the area. But there is nothing on the crappy contract that backs that up. Am I going to have to pay for the next 3 years for a service I can't even obtain?

 

Cheers

[slick132]

Hi Tarantino,

 

Have you started your own thread for your case. Do so and send me a PM saying when and where you've opened it.

 

Check your contract to see if the 12 months on it has been amended to 36 months.

[tarantino]

Thanks Slick, have done now. Not sure how to PM as I am new to this. heres the post no. though

 

1577841

[Basualdo]

I THINK we have a result!

 

Received this morning...

 

Letter from Ashbourne's solciitors with a cheque attached

 

They say "In the circumstances, we should be grateful if you would acknowledge safe receipt of the same in full and final settlement of the claim"

 

Does this mean that this is the end? They just want confirmation that I have received the money and that I shall take it no further?

 

Can I now assume that the contract is void and I will never be chased again?

 

Thanks

[slick132]

Hi Bas - this is looking good.

 

Just to be on the safe side, please write to sol'rs and say:-

 

You acknowledge their ltr of xxdate.

 

Before you discontinue your claim, you require confirmation in writing that neither Ashbourne, not anyone else instructed by them, will demand any further payments in respect of the contact dated xxdate.

 

Further, they acknowledge that the contract dated xxdate is henceforth deemed to be null and void.

 

When this is received, you wil accept their pay't in F&F settlement and discontinue your county court claim.

 

Nearly there now................

[Basualdo]

I shall write to the solicitors with what you say. I shall do it now whilst I am on the PC.

 

Oh I hope this is the end now. It's looking good that they've refunded anyway.

[slick132]

Hey Bas,

Oh I hope this is the end now.

So do I but, compared to the fights others have had, this has gone very well and quite quickly.

 

The letter to the sol'rs is really just a precaution. I don't want you getting this refund only to be hounded by these idiots for the monthly fees again.

[Basualdo]

I did expect it to be alot tougher than this, but i'm not complaining.

 

Once I have got this confirmation from them and the cheque is safe to bank, i'll purchase a couple of packets of those address labels and use the rest to pay off other arrears!

 

Then I can start thinking about bank charges and how to reclaim!

[Basualdo]

Reply this morning.

 

"In these circumstances, clearly the claim has been settled. Nevertheless we confirm that no further payments will be pursued by our client pursuant to the contract."

[slick132]

Hi Bas and Congratulations

 

Great result for you, getting your money back as well as not being held to ANY contact period.

 

Adapt and send this ltr to court - http://www.consumeractiongroup.co.uk/forum/lloyds-bank/58011-directions-non-compliance-letters.html#post487345

 

I'll get your thread title changed to WON. Any donation to the site would be appreciated.

[Basualdo]

Absolutely fantastic result I'll get started on trying to get back some bank charges/credit card charges next I think, although that could really do my head in if it's not straightforward.

 

I shall send a copy of that letter to the court and Ashbourne, thanks.

 

I'll get some of those self adhesive labels in the next couple of days. They'll come in handy for the next set of claims

[slick132]

Hi Bas,

 

After this, I think you'll be fine with bank and CC charges.

 

Start researching now by reading the Reclaiming Guide in Link No1 in my signature below.

 

Start each new thread when you're ready to send off an SAR for info, or a Prelim Claim letter

[djdave]

Congratulations Basualdo I've finally got my court date with these jokers, so I know only too well how obstructive they can be. Nice work

[42man]

OFT seeks court order against Ashbourne - http://www.oft.gov.uk/news/press/2010/25-10[url=http://www.oft.gov.uk/news/press/2010/25-10][/url]