Ashbourne Membership Management - Want to cancel

[Freizah]

I recently joined a gym which has a 12 month contract.

 

I paid the first month in cash to the gym, and chose my first DD date, which was the 24th August 2012. I've only been there 5 weeks but I'm already starting to dislike the place as some weights are being broken, bathroom and showers in filthy condition.

 

So I want to know If i have the right to cancel? The first month was cash in hand with the second being my first DD which was only 2 days ago. Don't these things usually have a 30 day time period in which you can cancel after your first DD payment? As the cash one wouldn't have gone to Ashbourne.

 

Anything I can do? Such as call them and say I'm not happy and want to cancel?

[BankFodder]

The Gym membership will have tied you in to a minimum period - normally of 12 months.

 

I would say that generally, the only basis for you breaking the contract with justification would be if they falied in their contractual duties towards you.

If you break the contract - even with justification, they will come after you for the money and make your life miserable.

If you want to break the contract then you need to be very canny and organised about it.

Start off by documenting what is wrong - including photos of broken equipement, dirty facilties etc. You need to keep a journal about it.

Then start writing to the gym notifying them of the problems. Initially ask them when these problems wioll be fixed. Irf they don't reply, or don't reply satisfactorily, send them stronger letters pointing out that they have an obligation to maintain the facilities.

If they still fail to sort things out, tell them that in view of their failure - which has seriously compromised your own use of the gym, you will be terminating your contract with them in, say, 14 days, unless the facilities are provided as required by the contract.

If they still don't sort things out, then cancell all payments, stop going and inform them that your membership is cancelled.

It is important to have a very thorough paper trail - lots of evidence and to show that yo9u have behaved very reasonably throughout.

They will then start to harass you for the remainder of the money. They won't take you to court. They will merely instruct debt collectors and your credit file will be marked with a negative entry. At this point, I would sue them for breach of contract - seeking compensation for the poor facilities. If you can succeed with this - then you will be able to challnge their abuse of your credit file.

 

I have no idea if this company is behaving themselves or not but Ashbourne has been in trouble before.

In general, the gym industry resort very quickly to bullying tactics and they need to be taught a lesson on how to behave - and this can only happen through court action.

 

If your complaints are justified and you have properly documented and written to them, then your chances of success in a small claim are extremely high - and very little risk.

[slick132]

Hi Freizah and welcome to CAG

 

Of all the advice above, I'd say taking photos of poor equipment and/or filthy conditions will be the most useful to your case.

 

Since the AMSL case, it is now unlikely that you will get adverse credit data for non-payment. However, it would be wise to monitor your credit files every few months just to check.

 

Tell us which gym and which admin company please.