Dispute with Ashbourne Management

[pokin]

Re: Dispute with Ashbourne Management

Hi again,

Well its rapidly approaching 12 days +2 ( I allowed for bank holidays also) and not a word from Ashbourne, so I guess my next step is to notify my local Trading Standards Officer to this effect, as he has promised to write to them on my behalf.
I am interested to see what angle he now intends to take, I will not accept anything less than a removal of the Default and acceptance that they will not be receiving ANY money in admin charges etc....

[pokin]

Re: Dispute with Ashbourne Management

Well time is up waiting for a response from Ashbourne, so this is my draft to them. Does it seem accurate?




19th April 2010


Ashbourne Membership Mgmt.
PO Box 10920
Shirley
Solihull
B90 8YB

Your Reference XXXXXX


Dear Sir /Madam,


You have failed to respond to my legal request to supply me with a true copy of the original Consumer Credit Agreement for the above account.

On 31/03/2010 I made a formal request for a true signed agreement for the alleged account under Consumer Credit Act 1974 s77/78. This was duly signed for as delivered, by your representative, on 1/04/2010.

You have failed to comply with my request and as such the account entered default on 19/04/2010.

The document that you are obliged to send me is a true copy of the executed agreement that contained all of the prescribed terms, all other required terms and statutory notices and was signed by both parties; your company and myself, as defined in section 61(1) of CCA 1974 and subsequent Statutory Instruments. If the executed agreement contained any reference to any other document, you are also obliged to send me a copy of that document. In addition a full statement of this account should have been sent to me.

As this time limit has now expired, you will be aware that;

Section 78 (6) states:
If the creditor fails to comply with Subsection (1)

(a He is not entitled while the default continues, to enforce the agreement.

Therefore, this account has become unenforceable at law.

As you have failed to comply with a lawful request for a true, signed copy of the said agreement and other relevant documents mentioned in it, have failed to send a full statement of the account and failed to provide any of the documentation requested. You will also be aware of the CPUTR 2008 and the Office of Fair Trading guidelines on debt collection which state under the title Deceptive and/or unfair methods-Examples of unfair practices are as follows-2.8

(i) ‘Failing to investigate and/or provide details as appropriate, when a debt is queried or disputed, possibly resulting in debtors being wrongly pursued.’

(k) ‘Not ceasing collection activity whilst investigating a reasonable queried or disputed debt’

Consequently any legal actions you pursue will be averred as both UNLAW FUL and VEXATIOUS.

Please note that you may also consider this letter as a statutory notice under section 10 of the Data Protection Act to cease processing any data in relation to this account with immediate effect.
This means you must remove all information regarding this account from your own internal records and from my records with any Credit Reference Agencies‘.

Should you refuse to comply, you must within 21 days provide me with a detailed breakdown of you reasoning behind continuing to process my data. Note, it is not sufficient to simply state that you have a ‘legal right’. You must outline your reasoning in this matter and state upon which legislation this reasoning depends.

Should you not respond within fourteen days I expect this to mean that you agree to remove all such data.
Furthermore you should be aware that a creditor is not permitted to take ANY action against an account while it remains in dispute.

The lack of a credit agreement is a very clear dispute and as such the following applies:

* You may not demand any payment on the account, nor am I obliged to offer nt any payment to you.
* You may not add any further charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit.

You have fourteen days from receipt of this letter to contact me with your intentions to resolve the matter which is now a formal complaint.

I would appreciate your due diligence in this matter.

I look forward to hearing from you in writing.

Yours faithfully,






Any feed back BEFORE I send this would be most welcome......cheers.

[ashman]

Re: Dispute with Ashbourne Management

Hello,

I have a very similar experience with Ashbourne management. I would really like to know what the outcome of you various communications with them was.

I can also point out that around March 2010 the OFT took Ashbourne management to the high court over it practices! I do not know what the outcome is. The news link is here : OFT goes to the High Court over Gym membership fees

[Caspar]

Re: Dispute with Ashbourne Management

Brilliant letter in my opinion. To be REALLY fussy there's a small typo. You say, "within 21 days you must supply me with a copy of you reasoning." And 10 lines from end an obvious one when you look at it.

You can tell I used to be a teacher!

I love the letter though!