Ashbourne gym memberships GRRRRR!!!!!

[wwfay]

do in need to lodge a complaint with ombudsman?Fay

[leekyr]

So what exactly does the courts verdict mean for us ashbourne victims?

[slick132]

Have you read through the OFT's synopsis yet - http://www.consumeractiongroup.co.uk/forum/showthread.php?289465-Office-of-Fair-Trading-v-Ashbourne-Management-Services-9th.March-2011

 

Or any other report ?

 

8-)

[leekyr]

Right, recieved another letter in the lat couple of days, saying that I need to pay £225 in the next 7 day, where as previouly it was £680 or something.

 

What should i do?

[slick132]

HI Leekyr,

 

As yours was a 3 year contract, this should be regarded as unfair and unenforceable if I understand the High Court ruling correctly.

 

You should check through the Sticky about the case - http://www.consumeractiongroup.co.uk/forum/showthread.php?289465-Office-of-Fair-Trading-v-Ashbourne-Management-Services-9th.March-2011

 

Then write to Ashbourne saying HHJ Kitchin ruled against them with regard to 3 year contracts, so it is unenforceable and they must stop making further demands for payment. You should also mention what action you'll take if they register any adverse credit data with the CRA's.

 

Look at other Ashbourne threads and you'll find several letters that I've drafted. This thread, for instance - http://www.consumeractiongroup.co.uk/forum/showthread.php?291124-Ashbourne-management

 

[leekyr]

I understand what most of my reply should read, but what '"actions" would i take if they registered me with adverse credit?

[slick132]

You can complain to the CRA to say the data is disputed as you do not believe there is an enforceable agreement and debt. They must make an entry to show the data is disputed.

 

You can complain to the FOS and Trading Standards.

 

You can take court action seeking damages as per the case of Kpohraror v Woolwich Bldg Socy for damage to your reputation. Look it up on a search engine for a summary of the case.

[locutus]

Also, RICHARD DURKIN Vrs DSG RETAIL LIMITED and HFC BANK PLC makes a good read

[slick132]

..............however, that ruling in 2008 was overturned on appeal in 2010 - http://www.google.co.uk/url?sa=t&source=web&cd=10&sqi=2&ved=0CGIQFjAJ&url=http%3A%2F%2Fwww.guardian.co.uk%2Fmoney%2F2011%2Fmar%2F12%2Fpc-world-laptop-paul-durkin&ei=L3AfTpr0FYqx8QPAls2bAw&usg=AFQjCNGh37C-NaSe0NdJBruQqFtZFh3EnA

 

Quote from the above Guardian article in March 2011 says:-

 

Durkin is determined to take his case to the supreme court, and the charity LawWorks has helped him find a legal team who will represent him for free. "We need to jump through the legal aid hoops, then wait for a slot." He is hoping for a ruling that will "prohibit banks from issuing wrongful defaults".

 

So we have to see if the case is taken further to the Supreme Court.

 

That's why I quoted the case of Kpohraror above, but left out the Durkin case which, at present, is not so useful to those seeking redress for adverse credit data being made against them.

[slick132]

Hi Leekyr,

 

If AMSL are still chasing you for payments, please let us know.

 

The OFT may want to gather info from you to assist in their review of AMSL's recent practices.

 

This is likely to help you and all other consumers who are being harassed regarding unenforceable contracts.

 

Read here - http://www.consumeractiongroup.co.uk/forum/showthread.php?320766-Ashbourne-Management-Services-Ltd-Contracts-longer-than-12-months