Gym Dispute

[creditcasher1]

Hi all, I signed up for a gym membership at Blink Fitness, I never actually used the facilities except once. my card got hacked and the auto pay stopped subsequently, after a while a received a call from a collection agency called "Aldous and Associates" collecting the debt from the contract I breached from Blink. I obviously requested a verification letter, and got back the original contract I have with Blink. Here is the letter I am am about to send out. feel free to comment if something is wrong there. I hope its gonna work, and that some will find it informative.

 

Dear Sir/Madam @ Aldous and Associates, PLLC

I am writing in response to the the contract was sent to me by your firm regarding an alleged breach of contract that I had with Blink Fitness. I carefully went over the contract again and I fail to see the legitimacy of the debt, this debt is an error on the part of Blink Fitness, I will go into greater detail once I am fully informed about the complete chain of title of Aldous and Associates form the original creditor.

Please note that in New York State, where I am located, the debt collector is required to provide “a statement describing the complete chain of title from the original creditor to the present debt owner, including the date of each assignment”, the above information wasn't provided to me, which consequently means that the debt is still in dispute.

In order for me to be able to communicate my concerns with the contract, I will need to be redirected directly with the creditor, or someone who owns the debt. There is no indication in my agreement with Blink Fitness that someone else whom I have no evidence to own the debt should be in communication with me regarding the alleged breach of contract.

 

In addition please note that despite the fact that the letter was received by your firm on 10/30/2016 requesting that all communication must be done in writing and sent to me by mail, I received a voicemail on the phone number on file that there is a debt that has to be paid to your firm. Please note that this is a violation of the FCRA.

[CreditNewb15]

I actually was about to post a new topic on a gym membership I'm trying to cancel as well.

 

 

 

My local gym just closed the location I signed up at and have been using for the past 8/9 months.

With 3 days notice.

They're saying I can't cancel because there is another location within 25 miles of my residence. That is true and it is in the contract.

 

They deliberately charged all the members the annual fee in November. 3 weeks before closing the location.

They signed my fiancé up 2 weeks before closing the location.

 

Of course they use a 3rd party biller so getting anything helpful from either of them is impossible.

 

Here's a list of places I've contacted:

Local News

State Attorney General

Department of Consumer Affairs

Better Business Bureau (the gym has a C-, the 3rd party biller has an F)

Citi (the card my monthly fees are charged to)

 

 

Is there anything I'm missing?

[ProcessServer]

Hi all, I signed up for a gym membership at Blink Fitness, I never actually used the facilities except once. my card got hacked and the auto pay stopped subsequently, after a while a received a call from a collection agency called "Aldous and Associates" collecting the debt from the contract I breached from Blink. I obviously requested a verification letter, and got back the original contract I have with Blink. Here is the letter I am am about to send out. feel free to comment if something is wrong there. I hope its gonna work, and that some will find it informative.

 

Dear Sir/Madam @ Aldous and Associates, PLLC

 

I am writing in response to the the contract was sent to me by your firm regarding an alleged breach of contract that I had with Blink Fitness. I carefully went over the contract again and I fail to see the legitimacy of the debt, this debt is an error on the part of Blink Fitness, I will go into greater detail once I am fully informed about the complete chain of title of Aldous and Associates form the original creditor.

 

Please note that in New York State, where I am located, the debt collector is required to provide “a statement describing the complete chain of title from the original creditor to the present debt owner, including the date of each assignment”, the above information wasn't provided to me, which consequently means that the debt is still in dispute.

 

In order for me to be able to communicate my concerns with the contract, I will need to be redirected directly with the creditor, or someone who owns the debt. There is no indication in my agreement with Blink Fitness that someone else whom I have no evidence to own the debt should be in communication with me regarding the alleged breach of contract.

 

 

In addition please note that despite the fact that the letter was received by your firm on 10/30/2016 requesting that all communication must be done in writing and sent to me by mail, I received a voicemail on the phone number on file that there is a debt that has to be paid to your firm. Please note that this is a violation of the FCRA.

 

You did breach the contract. A gym's bread and butter is people who sign a long term contract, work out for two weeks and quit going.

 

 

I actually was about to post a new topic on a gym membership I'm trying to cancel as well.

 

 

 

My local gym just closed the location I signed up at and have been using for the past 8/9 months.

With 3 days notice.

They're saying I can't cancel because there is another location within 25 miles of my residence. That is true and it is in the contract.

 

They deliberately charged all the members the annual fee in November. 3 weeks before closing the location.

They signed my fiancé up 2 weeks before closing the location.

 

Of course they use a 3rd party biller so getting anything helpful from either of them is impossible.

 

Here's a list of places I've contacted:

Local News

State Attorney General

Department of Consumer Affairs

Better Business Bureau (the gym has a C-, the 3rd party biller has an F)

Citi (the card my monthly fees are charged to)

 

 

Is there anything I'm missing?

 

 

This is common for a franchise gym. I was going to sign up at L.A. fitness and asked about cancellation in case I were too move. Their contract stipulated no cancellations unless there wasn't an L.A. fitness within 60 miles of my new location.

[mfarmer]

Assuming you have your facts straight about NY (I dont live there and am unfamiliar with thier laws), I'd recommend:

Dear Sir/Madam @ Aldous and Associates, PLLC

 

I am writing in response to the the contract was ​alleged debt sent to me by your firm regarding an alleged breach of contract that I had with Blink Fitness. I carefully went over the contract again and I fail to see the legitimacy of the debt, this debt is an error on the part of Blink Fitness, I will go into greater detail once I am fully informed about the complete chain of title of Aldous and Associates form the original creditor.

 

Please note that in New York State, where I am located, the debt collector is required to provide “a statement describing the complete chain of title from the original creditor to the present debt owner, including the date of each assignment”, the above information wasn't provided to me, which consequently means that the debt is still in dispute.

 

In order for me to be able to communicate my concerns with the contract, I will need to be redirected directly with the creditor, or someone ​Please inform me who owns the debt; provide validation and a complete chain of ownership or assignment. There is no indication in my agreement with Blink Fitness that someone else whom I have no evidence to own the debt should be in communication with me regarding the alleged breach of contract.

 

 

In addition please note that despite the fact that the letter was received by your firm on 10/30/2016 requesting that all communication must be done in writing and sent to me by mail, I received a voicemail on the phone number on file that there is a debt that has to be paid to your firm. Please note that this is a violation of the FCRA.

[dvd]

Under the new CRA collection reporting guidelines (National Consumer Assistance Plan) gym memberships dues are not eligible to be reported in CRA.

 

http://www.ag.ny.gov/pdfs/CRA%20Agreement%20Fully%20Executed%203.8.15.pdf

[creditcasher1]

Thank you mfarmer for the revisions.

I read the the link you posted I cant seem to find any restriction on gym membership dues, can you be more specific which part you're referring to?

[CreditNewb15]

 

Hi all, I signed up for a gym membership at Blink Fitness, I never actually used the facilities except once. my card got hacked and the auto pay stopped subsequently, after a while a received a call from a collection agency called "Aldous and Associates" collecting the debt from the contract I breached from Blink. I obviously requested a verification letter, and got back the original contract I have with Blink. Here is the letter I am am about to send out. feel free to comment if something is wrong there. I hope its gonna work, and that some will find it informative.

 

Dear Sir/Madam @ Aldous and Associates, PLLC

 

I am writing in response to the the contract was sent to me by your firm regarding an alleged breach of contract that I had with Blink Fitness. I carefully went over the contract again and I fail to see the legitimacy of the debt, this debt is an error on the part of Blink Fitness, I will go into greater detail once I am fully informed about the complete chain of title of Aldous and Associates form the original creditor.

 

Please note that in New York State, where I am located, the debt collector is required to provide “a statement describing the complete chain of title from the original creditor to the present debt owner, including the date of each assignment”, the above information wasn't provided to me, which consequently means that the debt is still in dispute.

 

In order for me to be able to communicate my concerns with the contract, I will need to be redirected directly with the creditor, or someone who owns the debt. There is no indication in my agreement with Blink Fitness that someone else whom I have no evidence to own the debt should be in communication with me regarding the alleged breach of contract.

 

 

In addition please note that despite the fact that the letter was received by your firm on 10/30/2016 requesting that all communication must be done in writing and sent to me by mail, I received a voicemail on the phone number on file that there is a debt that has to be paid to your firm. Please note that this is a violation of the FCRA.

 

You did breach the contract. A gym's bread and butter is people who sign a long term contract, work out for two weeks and quit going.

 

 

I actually was about to post a new topic on a gym membership I'm trying to cancel as well.

 

 

 

My local gym just closed the location I signed up at and have been using for the past 8/9 months.

With 3 days notice.

They're saying I can't cancel because there is another location within 25 miles of my residence. That is true and it is in the contract.

 

They deliberately charged all the members the annual fee in November. 3 weeks before closing the location.

They signed my fiancé up 2 weeks before closing the location.

 

Of course they use a 3rd party biller so getting anything helpful from either of them is impossible.

 

Here's a list of places I've contacted:

Local News

State Attorney General

Department of Consumer Affairs

Better Business Bureau (the gym has a C-, the 3rd party biller has an F)

Citi (the card my monthly fees are charged to)

 

 

Is there anything I'm missing?

 

 

This is common for a franchise gym. I was going to sign up at L.A. fitness and asked about cancellation in case I were too move. Their contract stipulated no cancellations unless there wasn't an L.A. fitness within 60 miles of my new location.

 

 

Oh, definitely common and not unexpected, and they aren't doing anything illegal.

It's just shady as hell.

[nursewithbadcredit]

dvd, what part of the informArion in the link says gym memberships can't be included?

[ICANHASMUNY?]

Assuming you have your facts straight about NY (I dont live there and am unfamiliar with thier laws), I'd recommend:

 

Dear Sir/Madam @ Aldous and Associates, PLLC

 

I am writing in response to the the contract was ​alleged debt sent to me by your firm regarding an alleged breach of contract that I had with Blink Fitness. I carefully went over the contract again and I fail to see the legitimacy of the debt, this debt is an error on the part of Blink Fitness, I will go into greater detail once I am fully informed about the complete chain of title of Aldous and Associates form the original creditor.

 

Please note that in New York State, where I am located, the debt collector is required to provide “a statement describing the complete chain of title from the original creditor to the present debt owner, including the date of each assignment”, the above information wasn't provided to me, which consequently means that the debt is still in dispute.

 

In order for me to be able to communicate my concerns with the contract, I will need to be redirected directly with the creditor, or someone ​Please inform me who owns the debt; provide validation and a complete chain of ownership or assignment. There is no indication in my agreement with Blink Fitness that someone else whom I have no evidence to own the debt should be in communication with me regarding the alleged breach of contract.

 

 

In addition please note that despite the fact that the letter was received by your firm on 10/30/2016 requesting that all communication must be done in writing and sent to me by mail, I received a voicemail on the phone number on file that there is a debt that has to be paid to your firm. Please note that this is a violation of the FCRA.

 

That's only for JDB's not CA's collecting for OC's

 

(3) a statement describing the complete chain of title from the original creditor to the present creditor, including the date of each assignment, sale, and transfer; and

[tiggerlgh]

 

Assuming you have your facts straight about NY (I dont live there and am unfamiliar with thier laws), I'd recommend:

 

Dear Sir/Madam @ Aldous and Associates, PLLC

 

I am writing in response to the the contract was ​alleged debt sent to me by your firm regarding an alleged breach of contract that I had with Blink Fitness. I carefully went over the contract again and I fail to see the legitimacy of the debt, this debt is an error on the part of Blink Fitness, I will go into greater detail once I am fully informed about the complete chain of title of Aldous and Associates form the original creditor.

 

Please note that in New York State, where I am located, the debt collector is required to provide “a statement describing the complete chain of title from the original creditor to the present debt owner, including the date of each assignment”, the above information wasn't provided to me, which consequently means that the debt is still in dispute.

 

In order for me to be able to communicate my concerns with the contract, I will need to be redirected directly with the creditor, or someone ​Please inform me who owns the debt; provide validation and a complete chain of ownership or assignment. There is no indication in my agreement with Blink Fitness that someone else whom I have no evidence to own the debt should be in communication with me regarding the alleged breach of contract.

 

 

In addition please note that despite the fact that the letter was received by your firm on 10/30/2016 requesting that all communication must be done in writing and sent to me by mail, I received a voicemail on the phone number on file that there is a debt that has to be paid to your firm. Please note that this is a violation of the FCRA.

That's only for JDB's not CA's collecting for OC's

 

(3) a statement describing the complete chain of title from the original creditor to the present creditor, including the date of each assignment, sale, and transfer; and

Also they can call once after a limited C&D is received so if that was the only call I don't see a violation.

 

OP did break the contract by not paying.

[dvd]

dvd, what part of the informArion in the link says gym memberships can't be included?

 

https://www.thenewspaper.com/rlc/docs/2016/creditletter.pdf

[nursewithbadcredit]

Aldous & Associates has listed an Anytime Fitness account on my CR. They would not accept pay for delete. They were going to list as paid. So, I sent Anytime Fitness a check. They cashed it. Does Aldous & Associates HAVE to remove now? Should I send letter to them, stating I paid OC or send letter to CRAs stating they can't report gym dues? Or both?

[ukaserex]

disregard

Edited February 15, 2017 by ukaserex

[creditcasher1]

Just a quick update. I paid Blink directly the amount alleged since I didn't want to deal with the removal process once they report. After paying, I sued Blink for charging me while my membership was suspended and I got back the full amount. I then sued them for 2 TCPA violation (Blink called me from an auto dialer) and received $750 for compensation; not a lot but definitely worth the experience.

[hegemony]

Just a quick update. I paid Blink directly the amount alleged since I didn't want to deal with the removal process once they report. After paying, I sued Blink for charging me while my membership was suspended and I got back the full amount. I then sued them for 2 TCPA violation (Blink called me from an auto dialer) and received $750 for compensation; not a lot but definitely worth the experience.

awesome!!!!!

[Kat58]

...sauce!!!!!