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LiveAloha

Trying to charge for unused Gym Training sessions

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Hi ya'll.  I've been lurking about for a min reading but I'd like to ask for specific help to make sure I've got it all right.

 

In 2014 my husband bought me a gym membership and paid for some personal training.  We were paying $140 a month for the training that I didn't end up using because I just couldn't do it physically.  I went in and talked to the manager about it with some Dr.'s notes and was told not to worry about it.    A year later 2015 collector's call me ( I think new management happened) and I explained I physically couldn't do anything and had appropriate medical notes.  The collector's said ok, as long as you have a Dr's note don't worry about it.  My bad because we were in a contract and I thought it was taken care of.  Apparently I didn't cancel it the right way.  

 

This past May 2018 we try to buy a house in Hawaii.  Pulled our credit and it was the only hit on either mine or my husband's.  The loan officer said he could have given us a better rate if it wasn't for that.  In the end we didn't buy a house but I was shocked to know that was there after all these years and people were telling me not to worry about it.  I tried contacting the gym forever but no one would call me back until today.  I told Loren I shouldn't be penalized for sessions I never used.  A few months ago I was barely walking my back is such a big issue.  I'm 70% disabled through the VA working on 100%.  He says I owe $800, and that unused sessions were my problem because they give you 18 months to use them. 

 

 We have no problems paying for our bills, obviously if we tried to buy a house and it's the only ding on both our credit.   I just don't feel this is fair and I feel like no one is willing to help me.  I deal with chronic back pain and depression stemming from it.  CGI called me twice already, both times this week at 6:30 in the morning.  I gently asked them to stop calling so early and did get their address to send a letter.  

 

Thanks for reading.  Mahalo

 

Edited to add.  Looking up Max Fitness with the BBB it looks like they have similar issues with other military members and others in general.  So sad.  https://www.bbb.org/us/ga/columbus/profile/fitness-center/maxfitness-0743-11507/complaints

Edited by LiveAloha
Adding BBB info

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What did the written contract stipulate in terms of obligations regarding cancellation?  And were the terms outlined in the contract adhered to?  If not, why not? 

 

Getting out of gym contracts CAN be a hassle some of the time, but where provisions exist for termination of the Agreement but the parties do not follow through, it simply is NOT the fault of the gym management.  They have a reasonable position in presuming that the member actually read the terms that they had agreed to at the outset...

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If you take out an auto loan to buy a car and then become unable to drive, would that mean you shouldn't have to repay the car loan?  

 

Forget about "fair," this is just business.  Will they delete the trade line if you pay the $800 that you owe?

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Not All debts are reportable anymore 

 

don't think Gym fees are reportable anymore - it wasn't a " Credit Transaction" 

 

Dispute it with the CRA's  "  this is not a credit related transaction and does not belong on my credit reports" 

 

Send a letter to the CA threatening to sue 

 

 

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3 hours ago, ICANHASMUNY? said:

Not All debts are reportable anymore 

 

don't think Gym fees are reportable anymore - it wasn't a " Credit Transaction" 

 

Dispute it with the CRA's  "  this is not a credit related transaction and does not belong on my credit reports" 

 

Send a letter to the CA threatening to sue 

 

 

Gym memberships are often installment loan agreements.  You buy a $4,000 "membership" and pay it back at $100 a month at some ridiculous APR that's disclosed in the papers you sign.

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Welcome to CB.  Looks like you've gotten some solid advice, and some tough love.  

 

If you can pay the amount you owe, see if you can negotiate a Pay for Delete.

 

 

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On 9/5/2018 at 2:01 PM, LiveAloha said:

He says I owe $800, and that unused sessions were my problem because they give you 18 months to use them. 

Do you still have the paperwork on the Gym Membership ; sounds like the  Training sessions were over and beyond the regular membership fees  ? 

 

Are you still in the military or discharged ? 

 

Call up the local TV station or newspaper  , they love this kind of stuff , the reporter will call the Gym, at which point all your troubles will probably disappear 

 

state your case - these folks are charging a disabled servicemember for services never used,  and you had prior conversations and provided medical records as to why,  and now it's effecting your credit  years later when you were told it would never be any problem , and never received any past due billing charges at the time 

Edited by ICANHASMUNY?

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I"m sorry that no one else here is outraged, - you resolved this 2 different times, once with the old management, and once with a CA  3 years ago,  

 

I believe that you shouldn't have to pay it now for services that were never rendered, and  it should not be listed on your credit reports  

 

if you're still in the military, see if the JAG office will make a call on your behalf,  if you're out,  call the news Stations / Papers 

 

 

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3 hours ago, ICANHASMUNY? said:

I"m sorry that no one else here is outraged, - you resolved this 2 different times, once with the old management, and once with a CA  3 years ago,  

 

I believe that you shouldn't have to pay it now for services that were never rendered, and  it should not be listed on your credit reports  

 

if you're still in the military, see if the JAG office will make a call on your behalf,  if you're out,  call the news Stations / Papers 

 

 

This isn't an emotional issue, it's a contractual one.

 

There are no details about what the written contract (if there was one) says, and there is no evidence that anything illegal has taken place.  I don't know how you could possibly believe that someone shouldn't pay for something without more information.

 

With the limited info provided it looks like buyer's remorse to me.

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Sadly I do not have the original paperwork.  

 

Yes it was a contract.  I wasn't given any money ahead to borrow but was it was a monthly fee which i was doing.  The problem with me owing them money stems from the fact that I didn't "close" the account the proper way.  That is completely on me.  I asked them and was naieve to believe them when they said not to worry about it.

 

Again, I showed Dr.'s notes to everyone stating I couldn't physically do anything.  No one mentioned to me about closing the account the right way.  Now when I talk to them it's only about the money I owe them, not regarding how they didn't tell me how to properly close it to begin with.  

 

I'm not active duty anymore, I'd rather not making this a big deal with the news because they are in Georgia and I live in Hawaii now.  

 

I don't mind paying IF they will remove it from my credit report, but again I feel they duped me into telling me it's all ok knowing I didn't cancel the contract so I'd owe them money anyways.  That's what saddens me.  I haven't called the corporate office back yet because I wanted advice from here first.  

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Stay off the PHONE

 

write the corporate office CMMR. 

 

explain just as you did here,  AND that you were a active duty servicemember at the time and disabled , that your husband signed you up and the doctors stated you couldn't and shouldn't . 

 

& send them a copy of your disability papers 

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Try to get their current contract if they wont provide a copy of old contract that in effect back in 2014.

 

See if there is an arbitration clause. Threaten to invoke the arbitration clause, especially if it specifies JAMS or AAA. The business will have to pay all of the fees. Most likely $2,000 to $6,700 in arbitration fees would have to be paid by the gym to have a fight about this issue.

 

Just by threatening to invoke arbitration and showing them the link to the AAA website that outlines the fees involved ... that is usually enough to get the company (or collection agency) to run away from you quickly and delete everything.

 

Here are the fees. Always demand an in-person arbitration. Never pick a doc-only hearing. Make it expensive for them. The arbitrators get paid more for in-person arbitration. The business pays those higher fees.

 

https://www.adr.org/sites/default/files/Consumer_Fee_Schedule_0.pdf

 

 

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On 9/10/2018 at 5:37 AM, ICANHASMUNY? said:

Do you still have the paperwork on the Gym Membership ; sounds like the  Training sessions were over and beyond the regular membership fees  ? 

 

Are you still in the military or discharged ? 

 

Call up the local TV station or newspaper  , they love this kind of stuff , the reporter will call the Gym, at which point all your troubles will probably disappear 

 

state your case - these folks are charging a disabled servicemember for services never used,  and you had prior conversations and provided medical records as to why,  and now it's effecting your credit  years later when you were told it would never be any problem , and never received any past due billing charges at the time 

This is supremely bad advice. JMO. 

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Their argument is going to be that you should have known you weren't going to be able to do this because of your condition, but signed up for it anyway. They may also argue that they could have given you some lighter duty things like small weight training, moderate exercise, etc.  Not the greatest argument, but it's the only one they have.

 

You have to prove that they did not properly inform you about how to cancel the membership, which resulted in a bill you never should have had. What is the name of this outfit?

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