Sunlover1466's UE diary

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Hiya

don't be worrying, we're here to help and can help -- just remember that!

Niddy

[sunlover1466]

Re: Sunlover1466's UE diary

Hi Niddy, hope all is well. Thought I should update my diary with what's been happening and also add another cockroach that has crawled from under the woodwork, Ashbourne Membership Management.

In 2006 I joined a gym through the company I was working for who were offered discounted membership for their employees. The membership was in my name but the direct debit was to be paid by my then employer. Unfortunately, almost immediately my employers business went under, no direct debit was ever taken and not once did I ever go to the gym. I wrote to the gym twice to make them aware of the situation and to cancel membership but never received any acknowledgement of my letters. I received a couple of letters in early 2007 chasing payment but then nothing. I moved home in early 2009 and heard nothing until late last year.

Oct 2010 - Letter from Ashbourne chasing payment of £855, threatening default.
Nov - Letter from Ashbourne confirming default and chasing payment
Feb 2011 - Letter from Ashbourne confirming default and chasing payment
April - Letter from Ashbourne confirming default and chasing payment
May - Letter from ARC Credit Management threatening to pass the account to their solicitors, with instructions to issue court proceedings if the balance is not paid in full
May - Letter from Trevor Munn solicitors saying that documentation will be prepared for the issue of a Claim in the Northampton County Court

Now, they say they will proceed 10 days from 16th May and I really dont want another CCJ against my name for something that I feel i dont owe. Is there one of your many helpful letters that maybe i could send Niddy?

Many thanks

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Hiya

Don't worry about this - let them take you to court and then we'll defend it based on the fact it was your EMPLOYER and not you that took out the membership. Don't worry, as the agreement was between your employer and the Gym you'll be fine - can you confirm did you ever sign anything with the Gym, i.e. an agreement of any sort?

Please clarify and stay calm - don't do anything right now. I have just re-read and if you signed up to it using your employers bank then you're at fault. If however your employer signed up for you, then you'll be fine. However you still have a good fighting chance to get rid of these clowns.

Its also approaching statute so they're trying to scare you into submission - it is quite normal but we'd win this easy if they attempted court action....

[sunlover1466]

Re: Sunlover1466's UE diary

Hi Niddy,

Although the gym approached my then employer with the membership deal, it was a case of taking the letter to the gym to get the deal and joining up myself. If i remember correctly, i was given direct debit details by my employer and filled that bit in too, but would i have been able to do that without her signature?
Also, you say that it is approaching statute but the default threat was only made last year and there is absolutely nothing on my credit record for this so i guess they havent followed the threat through yet. Will this still become statute barred next year in this case?

Thanks again

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Hi Niddy,

Although the gym approached my then employer with the membership deal, it was a case of taking the letter to the gym to get the deal and joining up myself. If i remember correctly, i was given direct debit details by my employer and filled that bit in too, but would i have been able to do that without her signature?
Also, you say that it is approaching statute but the default threat was only made last year and there is absolutely nothing on my credit record for this so i guess they havent followed the threat through yet. Will this still become statute barred next year in this case?

Thanks again

Hiya, ok so it was you that took the membership - nothing to do with the employer, basically the agreement is with you and the gym.

So, this was all done in 2006, and it's now 2011 so to be fair any self respected judge would refuse a ccj based on the grounds it's taken them so long so claim a paltry sum.... plus chances are at the time the debt originated it would have been less than £750 so they couldn't have taken action regardless.

I'd just ignore this to be fair and let them take you to court if they so desire, you would obviously defend this (we'd do it for you) and apply for strike out.

Don't worry. See what happens.

As long as you never paid or admitted this debt since 2006 when you signed up, then yes it'll be statute barred with effect from 6 years from date of last acknowledgement.....

[sunlover1466]

Re: Sunlover1466's UE diary

Thanks Niddy, you're a star, I'll do as you say and ignore them. The only thing that worries me a little bit is if they do try and take me to court will the court frown upon the fact that I have ignored all their correspondence?

Thanks again.

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Thanks Niddy, you're a star, I'll do as you say and ignore them. The only thing that worries me a little bit is if they do try and take me to court will the court frown upon the fact that I have ignored all their correspondence?

Thanks again.

You are not ignoring them are you, they write to you and you reply, if they ignore that reply and send irrelevant junk every day you're not expected to respond......

Obviously you don't ignore them all the time, only when it is clear that they are ignoring the content of your letters, which they must have done in order for me to have said ignore them.....

[Quantitatively]

Re: Sunlover1466's UE diary

Hi Niddy, hope all is well. Thought I should update my diary with what's been happening and also add another cockroach that has crawled from under the woodwork, Ashbourne Membership Management.

In 2006 I joined a gym through the company I was working for who were offered discounted membership for their employees. The membership was in my name but the direct debit was to be paid by my then employer. Unfortunately, almost immediately my employers business went under, no direct debit was ever taken and not once did I ever go to the gym. I wrote to the gym twice to make them aware of the situation and to cancel membership but never received any acknowledgement of my letters. I received a couple of letters in early 2007 chasing payment but then nothing. I moved home in early 2009 and heard nothing until late last year.

Oct 2010 - Letter from Ashbourne chasing payment of £855, threatening default.
Nov - Letter from Ashbourne confirming default and chasing payment
Feb 2011 - Letter from Ashbourne confirming default and chasing payment
April - Letter from Ashbourne confirming default and chasing payment
May - Letter from ARC Credit Management threatening to pass the account to their solicitors, with instructions to issue court proceedings if the balance is not paid in full
May - Letter from Trevor Munn solicitors saying that documentation will be prepared for the issue of a Claim in the Northampton County Court

Now, they say they will proceed 10 days from 16th May and I really dont want another CCJ against my name for something that I feel i dont owe. Is there one of your many helpful letters that maybe i could send Niddy?

Many thanks

Hi Sunlover

Ashbourne Management Services Limited have just lost a High Court case and their "gym membership contracts" have been ruled
http://www.oft.gov.uk/news-and-updates/press/2011/60-11

Hope the sun shines for you soon

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Hi Sunlover

Ashbourne Management Services Limited have just lost a High Court case and their "gym membership contracts" have been ruled
http://www.oft.gov.uk/news-and-updates/press/2011/60-11

Hope the sun shines for you soon

There you go, brilliant news

Thanks QE - well spotted

[sunlover1466]

Re: Sunlover1466's UE diary

Hi Sunlover

Ashbourne Management Services Limited have just lost a High Court case and their "gym membership contracts" have been ruled
http://www.oft.gov.uk/news-and-updates/press/2011/60-11

Hope the sun shines for you soon

Thanks QE, fantastice news!! Bit of a coincidence that they tried to put pressure on me just before the High Court decision was made. Sounds like they knew what was coming their way, haha!!

[Never-In-Doubt]

Re: Sunlover1466's UE diary

Thanks QE, fantastice news!! Bit of a coincidence that they tried to put pressure on me just before the High Court decision was made. Sounds like they knew what was coming their way, haha!!

Typical dodgy buggars - but well done!