Results 1 to 9 of 9

Thread: Ashbourne Membership Services

  • Share
  • Thread Tools
  • Display
  1. #1
    Join Date
    Jan 2015
    Posts
    4
    Mentioned
    0 Post(s)

    Default Ashbourne Membership Services

    Hello, and thanks for reading.

    I joined a local gym, around September, for a free trial. They are a private, classes only gym. Once the trial was up, my friend and I decided to pay a monthly fee for 3 classes a week. Not once did the man (co-owner) we were dealing with mention minimum contract length, cancellation policy, terms and conditions.

    We were rushed into filling in a standard health questionnaire and direct debit form (which I don't recall having Ashbourne Management logo on) and was told to just hurry up, leave it, and the co-owner would check it over and fill the rest in. He never said what he would be filling in, I naively assumed it would just be a signature. He also stated he would give us copies which he never did. I know realise this was a grave oversite on my part. Neither my friend, nor myself, ever remembered to get those copies-we just assumed that it was a 1 month cancellation policy like most gyms (the most expensive one in our area has a 3 month cancellation policy).

    We then found that we weren't making it to class, we can only make the 6:20 am spin class, due to illness and bad weather, as well as just not seeing results. We cancelled on December 27th. I did this via a FB private message because that is how I had communicated with them in the past-she sent a separate email. We heard nothing back from either gym owner, though I could see that someone had seen my message.

    She received correspondence from Ashbourne on Tuesday January 6th. I only started to receive text messages stating that my account is overdue last week,14th of January. I have had several texts and 2 or 3 missed calls since. She rang Ashbourne to dispute the claim that she was in a 12 month minimum contract and requested a copy of the form they said they had on record. When she received the form, we noticed that the co-owner had filled in the minimum contract section AFTER we had signed the form and left (it is very obvious that it isn't her handwriting). NEVER was this mentioned. Perhaps, this is why he never gave us a copy. Also, the Ashbourne Management logo was on the direct debit form which I don't recall being there when we filled in the form. I didn't even realise a separate company would be taking my payment until the first payment was taken.

    My question is what do I do? I have never received formal correspondence from the company-just text messages and the odd phone call which I haven't answered saying my account is overdue. Do I need to get a copy of MY so called contract with Ashbourne or do I leave it until I have formal correspondence? Thank you so much for reading and any help would be greatly appreciated!

  2. #2
    Join Date
    Nov 2014
    Posts
    14,219
    Mentioned
    1546 Post(s)

    Default Re: Ashbourne Membership Services

    Hi Welcome,

    If I remember rightly Ashbourne was prosecuted by the OFT around 2010 I think.

    My suggestion is to make a Formal Complaint to the Proprietor of the gym regarding the form being " filled in2 after signature and
    the failure to provide copies of the document.

    The same letter could be sent to Ashbourne stating that the membership has been cancelled, and giving the reasons why it has been cancelled.
    Mention that if Ashbourne continues to press for payment you will send a report to The Financial Conduct Authority (FCA) which has replaced the OFT.
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  3. #3
    Join Date
    Jan 2015
    Posts
    4
    Mentioned
    0 Post(s)

    Default Re: Ashbourne Membership Services

    Hello I sent off this letter to Ashbourne Membership Management:

    Dear Ashbourne Collections Dept.
    (copy sent to Performax Fitness Training Ltd.)

    In reference to your letters dated 22/01/2015, 28/01/2015 and 03/02/2015, 09/02/2015, I am no longer a member of Performax Fitness Training Ltd.

    The owner was notified on December 30, 2014 via Facebook messaging (his preferred communication channel) that I would no longer be able to attend the gym. The message was read but there has been no further contact or acknowledgement from the gym owner.

    I’d like to dispute my contractual obligation and subsequent monies owed, based on the following points:


    • When the contract was presented to me, there was no attempt from the owner (your client) to outline any minimum term of membership, if or when I could cancel my membership or that I was entitled to a 14 day cooling period (Consumer Contracts Regulations)
    • There was no duration detailed on the contract at the point of signing
    • As I was asked to sign the contract post-class at 70am with another class starting, I was rushed and given the impression this was simply to set up payment for the classes. The OFT recommends “...contracts are required to be written in plain and intelligible language with a prominent warning that the member should read and understand the terms before signing them
    • I did not receive a copy of the contract


    I will not be responding to further correspondence before my points have been addressed and I have received a copy of the contract I signed.

    Kindly mark this account as being in dispute.


    Yours faithfully,


    I have now received this from them in reference to my letter:

    Dear Mrs xxxxxxxx,

    As you will be aware, we handle the monthly collections for the above.

    We regret to inform you that it will not be possible to cancel your agreement, as none of your claims regarding the gym amount to a reason for us to terminate your contract. Please find attached a copy of your contract and terms of conditions.

    Should you have any problems, please contact our customer service team on the telephone number below and quote the reference number above.

    Yours sincerely,

    I have been given a copy of my contract (which was altered AFTER I signed and had left) and the T&Cs, something I never received a copy of.

    Is there anything else I can do?

    Thank you so much!
    Last edited by Amethyst; 3rd March 2015 at 08:26:AM.

  4. #4
    Join Date
    Nov 2014
    Posts
    14,219
    Mentioned
    1546 Post(s)

    Default Re: Ashbourne Membership Services

    Yes I think you can take the point further that the contract was " altered" after you signed and you had no opportunity to read/understand the T's & C's, to my mind they would have a hell of a job getting a court to enforce the alleged debt.
    The reasons you gave seem to justify cancellation.

    nem
    The Advice I Give and Draft Letters Provided Are Drawn From Personal Experience and Career Training And Are Given Freely And Without Liability.
    Please make your own decisions with care and if necessary seek qualified legal advice.
    I Prefer Not to Advise by Private Message If Specific Advice is Needed I will Respond on the open forum. If you are contacted (cold called) by anyone offering advice for a fee please report it to the site team. Animo et Fide





  5. #5
    Join Date
    Jan 2015
    Posts
    4
    Mentioned
    0 Post(s)

    Default Re: Ashbourne Membership Services

    Thanks! This is the letter that we've drafted to send-any pointers or corrections need to be made?

    Dear Ashbourne Collections Dept.
    (copy sent to XXX)

    In reference to your letter dated 24/02/2015, you have failed to address any of my points.

    I am challenging the legal validity of a contract, which:


    • was modified after I signed it (monthly payments and subscription duration)


    Additionally:


    • I was not given any indication of my overall financial commitment
    • There was no mention of a minimum contract or right to cancel
    • I did not receive a copy of my contract
    • I did not receive a copy of the terms and conditions, nor were they presented to me alongside the contract
    • The contract does not state the Type of Membership
    • I didn’t receive a membership number
    • There was no mention of a cooling off period


    As you have clearly stated in your past two letters, this is now up to your client to take action. For that reason, I will be sending a copy of this letter to XXX.
    Please do not contact me again.


  6. #6
    Join Date
    Jul 2007
    Posts
    17,058
    Mentioned
    120 Post(s)

    Default Re: Ashbourne Membership Services

    I can't find it now because a lot of the OFT stuff has been archived but I think that you should make reference to the undertaking that Ashbourne (and all gym management companies) gave to OFT follow it's case against Ashbourne. This APSE makes reference to it and includes a commitment to:

    • greater transparency about key membership features, including initial membership periods and cancellation rights, and for these to be provided upfront as part of the sales process.


    Obviously in your case there was no transparency whatsoever.
    Attached Files Attached Files
    Well, she's walking through the clouds, with a circus mind that's running wild
    butterflies and zebras, and moonbeams and fairy tales
    that's all she ever thinks about
    riding with the wind.

    When I'm sad, she comes to me, with a thousand smiles she gives to me free
    it's alright, she says it's alright, take anything you want from me
    anything.

    Fly on little wing.

    Jimi Hendrix



  7. #7
    Join Date
    Jan 2015
    Posts
    4
    Mentioned
    0 Post(s)

    Default Re: Ashbourne Membership Services

    Thank you so much!

  8. #8
    Join Date
    Jul 2007
    Posts
    17,058
    Mentioned
    120 Post(s)

    Default Re: Ashbourne Membership Services

    Here's the OFT v Ashbourne judgment and although it mostly deals with the length of contract terms there may be some useful things in there http://www.bailii.org/ew/cases/EWHC/Ch/2011/1237.html
    Well, she's walking through the clouds, with a circus mind that's running wild
    butterflies and zebras, and moonbeams and fairy tales
    that's all she ever thinks about
    riding with the wind.

    When I'm sad, she comes to me, with a thousand smiles she gives to me free
    it's alright, she says it's alright, take anything you want from me
    anything.

    Fly on little wing.

    Jimi Hendrix



  9. #9
    Join Date
    Mar 2017
    Posts
    1
    Mentioned
    0 Post(s)

    Question Re: Ashbourne Membership Services

    Quote Originally Posted by EXC View Post
    I can't find it now because a lot of the OFT stuff has been archived but I think that you should make reference to the undertaking that Ashbourne (and all gym management companies) gave to OFT follow it's case against Ashbourne. This APSE makes reference to it and includes a commitment to:

    • greater transparency about key membership features, including initial membership periods and cancellation rights, and for these to be provided upfront as part of the sales process.


    Obviously in your case there was no transparency whatsoever.
    You can check their site for further clarification. http:// www. ashbourne-memberships .co.uk

Similar Threads

  1. Saying Hello and VIP Membership Query
    By WorriedDad in forum Welcome Forum
    Replies: 1
    : 27th June 2014, 13:52:PM
  2. Dispute with Ashbourne Management
    By pokin in forum CRA's - Credit Reference Agencies
    Replies: 18
    : 16th November 2010, 21:29:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.
TOP