Dispute with Ashbourne Management

[pokin]

My wife is currently in dispute with Ashbourne Membership Management. She joined a local gym online in December 2009, following an offer she found via a local flyer...
Upon going along to the gym, she informed them of a pre-existing medical condition she has of epichondylitis (tennis elbow) and this was noted down on a form. Instruction by the gym, was non-existent and she was left to her own devices from day one and promptly aggrevated the pre-existing epichondylitis; necessitating in a visit to the doctor. He referred her to our local hospital and advised against further exercise for the time being. As she was at work, she asked me to phone the gym and cancel her membership. I did this and was informed that membership was held by Ashbourne Membership Mgmt and I would need to inform them.At this point I also cancelled the direct debit for future payments.
I rang AMM and was informed that she would need to provide medical evidence before they would cancel the membership, I informed them that she was awaiting an hospital appointment and that as soon as we had a confirmed diagnosis, we would get a letter from our GP.
A letter arrived from AMM stating we had missed our next payment (I had cancelled DD) and that to maintain membership we needed to pay up, as they did not seek recompense through the courts, but preferred to register a default with credit reference agencies.....
in the period awaiting a hospital appointment and having the epichondylitis confirmed and treated and then obtaining the evidence from our GP, we received various letters from AMM with varying amounts being claimed as owed. They wrote asking for a full three years membership of some £560.00 When this payment wasn't forthcoming they stated they were issuing a default registration.
While this was ensuing, we obtained medical 'evidence' from our GP and posted it off, hoping this would finally end the matter...
We have now received a letter demanding that we pay £125.50 for "missed payments and an administration fee"
I rang them about this and was curtly told that this was quite correct under the terms of their contract. I asked thatbthey supply me with a true copy of this alleged contract and I have today received a blank copy of a form entitled "Member Sign Up" but it bearsno names or details relating to my wife or any contractual agreement between both parties....
Can anyone advise me on my next step? I am awaiting a return call from Trading Standards to discuss the situation, but I remain adamant that we do not owe them anything and I do not intend to part with any of my hard earned..........

[natweststaffmember]

Re: Dispute with Ashbourne Management

Have you looked at the terms of the contract that they have said for the admin fee that they have charged and is it possible for you to scan onto the forum or send via admin@legalbeagles.info a copy of the blank form you have received?

[pokin]

Re: Dispute with Ashbourne Management

Hello and thank you for the response....

I have sent an email to the address you have supplied with 2 attachments of the pages I have scanned into my PC, showing what is on the form....hope you receive them.........

I think it will be difficult to get this company to accept that I will not be parting with any money, I have to get them to accept that it is unreasonable to charge my wife for a 'service' that she could not 'use' due to her injury. My argument would be that they have changed their 'parameters' by requesting only payment for "missed payments and adminstration fee(s) and have dropped their claim for three years full membership fees! This too me indicates that they acknowledge a medical condition exists and has done so from the commencement of joining up...therefore I would argue that it is unreasonable to expect her to pay for such a service?

[Amethyst]

Re: Dispute with Ashbourne Management

Okay I have copies of the app form and will put up shortly

[Amethyst]

Re: Dispute with Ashbourne Management

Theres no terms and conditions on this form either or anything to show you entered any agreement with them at all. Its just a print off of their web sign up page.

Explains why they don't take court action - the agreement is non existent.

And the recent CCA test cases have confirmed its okay for them to keep reporting to CRAs without signed agreements.

I think as Ashbourne Management are just a management of membership on behalf of gyms that the Terms and conditions and contract signed would be with the Gym rather than with Ashbourne directly.

[Amethyst]

Re: Dispute with Ashbourne Management

Taking defaulters through the court process is adversarial, costly and provides no guarantee of success. Our approach is different; we register defaults with Experian and other Credit Agencies.
Default registration is more effective than a County Court Judgement as it seriously affects an individual's credit status; prevents the opening of a new bank account or credit card; and any existing borrowing is subject to a review. People’s credit record is being scrutinised by financial institutions more than ever before, so this is a powerful sanction. A default registration remains on a member's file for six years.
Benefits

• Default registration removes the adversarial nature and cost of a legal process.
• It provides the facility for credit searches so that letters can be made more relevant to the defaulter's circumstances.
• As a result, our letters are more relevant, they are more targeted in their demands, promoting a sense of fair-play amongst other members.
• The process avoids the build up of a hardcore of aged payment defaults with no prospect of resolution.
• The process avoids the build up of a hardcore of aged payment defaults with no prospect of resolution.Utilise our experienced, professional customer service team to handle queries, freeing up your time to develop your business
• With a six year life to the default registration, in the worst cases, we keep pursuing the debt! As a result we have a track record of securing payments even after the membership contract term has expired.

hmmmm not so sure they are allowed to do that

[Amethyst]

Re: Dispute with Ashbourne Management

Here this might help

Ashbourne Management Services Limited Fighting back against the dirty tricks of the Debt Collection industry

[pokin]

Re: Dispute with Ashbourne Management

Thank you so much for all that, it is very helpful....

I have drafted my next step ( with obvious omissions to protect privacy) in which I believe I am asking for them to provide evidence of a contract and to see what charges they are actually levying and for what.....?

My next letter ....

Your Ref: XXXXX

Date:


Dear Sir Madam,

I am in receipt of your blank copy Member Sign Up form, which you allege forms the basis of a contract between my wife and Ashbourne Membership Management.

I dispute this and now demand that you accept this letter as a formal written request pursuant to s.77/78 of the Consumer Credit Act 1974. I require you to provide me with a true copy of the credit agreement relating to the above account, together with any documentation the Act requires you to provide. I expect you to comply fully and properly with this request, within the statutory time limit . You are reminded that should you fail to comply with my request, the provisions of s.77 will apply. If it is your view that you are not the creditor, s.175 of the CCA 1974 applies in the case of a simple assignment and places a duty on you to pass this request to the creditor. In the case of an absolute assignment, you are a creditor, as defined by s.189 of the Act. If you contend that you purchased the rights but not the duties of any agreement, you are further reminded that s.189 of the Act is clear that an assignment is of both rights and duties. Your attention is drawn to s.5(2), 3(b), 6 and 7 of the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR). I enclose a postal order in the sum of £1.00, which is the statutory fee. Note that these funds are not to be used for any other purpose. If you are unable to comply fully and properly with this request, you should confirm this in writing at the earliest opportunity and certainly within the statutory time limit allowed for compliance, returning the fee.

I look forward to hearing from you.


Yours faithfully,

[PocketTheDifference]

Re: Dispute with Ashbourne Management

Im no expert on any of this so i won't try to be, BUT to join a Gym that has T's & C's of joining for a period of 36 Months is just plainy out to get money, obsured. Im Guarenteed to use my mobile contract for over 36 months but I still wouldn't sign a contract that long, why don't they do it like my gym 6 months at a time, and you can determine the length i you want it longer.
Hope they dont keep hassling you anyway.

[pokin]

Re: Dispute with Ashbourne Management

Hi,

My wife joined online using an address for the gym in question, from a flyer....It was never made clear that payment was done through Ashbourne and the terms of a three year membership/ contract were never discussed when she went along to sign up for the gym....

It only came to light because she has this medical condition and cancelled within the first month of joining. Now, even though they seem to acknowledge her condition prevents further membership, they want payment for the time it took for THEM to accept this fact...they also want payment for rectifying the default they were so quick to issue in the interim, as well...

They can go whistle, for want of a less polite term...........

[Amethyst]

Re: Dispute with Ashbourne Management

did she get any terms and conditions for the membership at all ?

[pokin]

Re: Dispute with Ashbourne Management

Hi again,

No, not a scrap of paperwork relating to any agreement.

On the one occassion that i spoke to a representative of Ashbourne, she stated that the 'contract' should have been downloaded when she signed up online...I'm guessing that she refers to their 'Members Sign Up' form as a contract...
I'm fairly adamant that the site my wife used did not state this...unfortunately it was a limited time offer and the actual site has now gone..........

[pokin]

Re: Dispute with Ashbourne Management

Further correspondance from these cretins today.

Appears to be the bog-standard threatening letter, however, this one is for a full three years membership yet again (£560.00 although they will reduce this to £510 as a goodwill gesture (!!) if I pay within seven days). This letter gives no acceptance of the fact they have received medical evidence of my wifes epichondylitis, preventing her from exercising and wishing to cancel said membership............

I can see it is going to be an uphill struggle merely to get these idiots to 'let the left hand know what the right hand is doing'.........

I have had a letter from my local Trading Standards Officer who I have made aware of the problems and nature of my complaint and he is going to try writing to them....I just have a feeling this is only the beginning.............

[PocketTheDifference]

Re: Dispute with Ashbourne Management

I hope its not how crazy is the world that you have to fight hand and foot over a gym membership payment!!!

Good Luck sorry i can't ofer advice.

[pokin]

Re: Dispute with Ashbourne Management

Crazy indeed, but having dealt with them for the past couple of months now, I get the impression this is what this particular company thrive on.....they make their money from 'defaulters;' or try too........In my case and my wife's, we are of an age where the mortgage is paid, have secure jobs, we don't buy on credit and don't need credit cards per se...so the threat of being registered doesn't mean a great deal in the great scheme of things. However, I do love a good scrap.........