Contract Advice - Possible Debt

loopylu36

yeah have a bash and see how you get on - tell them you've "taken advice!" LOL!

poorandindenial

Can you check that you have signed just a contract (with DD mandate) and not also a credit agreement??

Not wanting to be dramatic - just stuff that came up when I googled that might help you to find out the best way to deal with this and you may need to negotiate with two organisations to cancel it if you end up wanting to do that:

Link to consumer direct and to CAB

All the best with getting it sorted

Sylvester

poorandindenial wrote: »

Can you check that you have signed just a contract (with DD mandate) and not also a credit agreement??

Not wanting to be dramatic - just stuff that came up when I googled that might help you to find out the best way to deal with this and you may need to negotiate with two organisations to cancel it if you end up wanting to do that:

Link to consumer direct and to CAB

All the best with getting it sorted

It's a standing order mandate at the bottom.

How will I know if it's a credit agreement? Sorry, i'm not too clever in these matters.

It has the company details, my personal details, membership type/fee and details of my payment dates etc

Then the defaced bit

My signature/date (Not next to the amended bit)

Standing order mandate

T's & C's on the back

1 - Operations of facilities

2 - Membership (which states one year minimum) plus lots of threats of what will happen if you don't pay in full for that period

3 - Payment (in advance, non refundable)

4 - Data Protection - all safe within the organisation, unless I default on payments

Thanks for the links - I was going to see CAB tomorrow in any case, just to get their take on things

Thanks

Sylvester

loopylu36 wrote: »

yeah have a bash and see how you get on - tell them you've "taken advice!" LOL!

I shall I've a nasty feeling it's going to be a long & arduous path.

Sylvester

http://www.ashbournemanagement.co.uk/index.htm

These are the people.

It doesn't look good. At various points they boast about people having things on their files for 6 years!

I have many debts, so one more on my file won't make a difference, however I have been mis-sold a membership.

I'm going to contact them shortly and point this out - I only hope that the fact I have not initialled anything will help!

I shall not cancel my Standing Order - am I covered by anything like I would be if paying by DD?

poorandindenial

Sylvester wrote: »

How will I know if it's a credit agreement? Sorry, i'm not too clever in these matters.

It should say that it is a credit agreement, it may also use words like 'lender'. CAB will be able to tell you if it is or not - definitely a sensible idea to go to see them, they should be able to help you with how to approach this as gyms seem a bit notorious at being difficult at resolving issues. Hopefully yours won't be like that.

Sylvester

poorandindenial wrote: »

It should say that it is a credit agreement, it may also use words like 'lender'. CAB will be able to tell you if it is or not - definitely a sensible idea to go to see them, they should be able to help you with how to approach this as gyms seem a bit notorious at being difficult at resolving issues. Hopefully yours won't be like that.

It doesn't say it's a credit agreement anywhere or include the word 'lender' or anything similar, so hopefully it's not a credit agreement.

I will go to CAB tomorrow and see what happens. I have contacted Ashbourne via their online contact form outlining that I have not initialed the change in contract.

I've a nasty feeling about this one. I shouldn't have been so stupid as to not notice them changing something on the form. I'm usually so rigid with money and signing up for anything, I read things many times through.

I only hope my lack of initials against the change I did not agree too, will help me.

poorandindenial

Fingers crossed for you - let us know how you get on

Sylvester

Thanks - I am off to CAB shortly.

Is it a definite that all changes must be initialled? I don't want to look stupid at CAB

No reply from the company yet

Sylvester

Right, after 2 1/2 hours at CAB...

Gym say I was informed of 36 months - liars

Gym say get out clauses are moving over 20 miles away or through illness. I have a mental illness (depression, caused by years of debt) that CAB thinks all of this could make worse, so have advised me to get my GP onside.

CAB admit the fact that the contract says 36 months on the front (crossed out 12 months, handwritten 36 months) but on the back says one year, is a grey area. The lady was unsure as to whether the lack of initials next to '36' months, was any cause for complaint.

I should write a letter and send it recorded delivery, arguing that I have been mis-sold the membership.

CAB think it's just a mis-understanding, that I should leave the standing order for now (as next payment is not due until 9th May) which should give enough time for them to respond.

The lady seems to think it's a credit agreement as I have given my bank details, although she was not 100% on it.

She phoned the gym, rather than the company that manages their contracts, and they were firm in that I knew what I had agreed too. The lady at the gym said she told me it was 36 months, when I knew she hadn't said that - I wouldn't have signed had I known!

Anyway, not alot more I can do, other than sort out a letter, send it off, with copies of everything and then wait.

CAB say I should go back to them if none of the above works.

She did say trading standards would take a dim view of the 36 month contract, especially as the contract has been altered by hand and the back says one year.

Should I also contact trading standards? If I have a local office, am I, as a member of the public, able to just walk in?

Thanks for all the advice so far and any further advice.