Cancelling Credit Agreement re gym membership

[jilljet]

Hi.

I have read posts on here previously which have been similar to my situation.

I signed up for a 2 year membership of toning suite, part of a gym. The credit agreement is with Ashburn and gives no way out! I think their agreement is probably all legal and valid.

I wrote to the gym explaining that due to worsening medical problems with my hands I would be stopping work and therefore unable to afford the second year but would pay the difference between a one year membership and half a two year one. At first my letter was ignored so I wrote again and have now heard back from the finance company (as the gym had contacted them) basically saying they may only consider a cancellation (goodwill) on production of letter from consultant saying unable to exercise which isn't really the point. I had mentioned the OFT 2011 case and also the fact that it had been ruled(?) that contracts for more than 1 year were unfair and should provide for cancellation. I am trying to compose a reply and would be glad of any help

[slick132]

Hi Jilljet and welcome to CAG

 

We've see Ashburn cases here before but they are relatively rare.

 

I would like to see the credit agreement and/or membership agreement first before deciding how best to tackle your problem.

 

One problem you have is that, while it may be easy to cancel the gym agreement, you could still be left stuck with the credit agreement.

 

I will send you a PM (private message) with an email address I'd like you to send a scan of the membership form and/or credit agreement.

 

[jilljet]

Thank you, will do. Yes I feel I may be stuck with the credit agreement sadly!

[slick132]

Hi Jilljet,

 

I've rec'd the documents thanks.

 

Don't be too pessimistic. There is every chance you can fight this case, on the basis of the contract being balanced in favour of the gym and/or creditor.

 

When I have reviewed the agreement documents, I will be able to comment further.

 

If it is felt you should challenge Ashburn, are you willing to cancel the DD mandate and fight them with our support.

 

Edited September 26, 2013 by slick132
typo

[jilljet]

Happy to be guided by what's best but have said I was prepared to pay up for the one year anyway.

[jilljet]

I did get a letter from my orthopaedic consultant and sent it to the finance company last month and yesterday I received a reply cancelling the agreement with immediate effect. So now I can forget all about it and never sign up to anything again!!!

[slick132]

Hi JJ and I'm delighted to hear this.

 

Please confirm they have agreed to cancel the gym m/ship and the credit agreement.

 

I assume you have their reply in writing but please confirm. A phone conversation would be no good.

 

[jilljet]

Yes I have a letter which said "The agreement for your membership shall be terminated with immediate effect .............."

They also said "Please cancel your standing order at the bank immediately"

I will keep the letter!

[slick132]

Hi JJ,

 

Definitely keep the letter safe.

 

I'd have been happier if they had confirmed that the credit agreement itself had been cancelled. However, we will know soon enough if there is an ongoing problem.

 

Let's hope that's an end to it for you.

 

[jilljet]

Hi.I saw there was someone else posting about an Ashburn agreement. I know all situations are different.

Just to confirm that, for me, all is well. I cancelled the direct debit and there have been no further communications and we are now 2 months on.

Thank.

[slick132]

Hi JJ,

 

Glad you posted as I couldn't find where I moved that other post from - it was your thread here.

 

Glad all is still quiet now ................