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Gym membership wont let me cancel- any advice? - 11/21/2011 8:22:02 AM   
tolovetolaugh


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Several years ago while dating a guy I joined a gym with him. After I broke up with him, and he started the stalky thing, I stopped going to the gym to avoid awkwardness. I had since forgotten about the membership, other than the occasional, "o i will go eventually" and its been chipping at my bank ever since.When I started planning for my surgery I had gone in and canceled it. Or so I thought.
I hadn't seen it on my bill in months, as all my cards got changed after a certain theft.

Today I got a letter from the gym, Planet Fitness, claiming I had a balance and apparently was still a member.

I called them up and was informed to cancel my membership(apparently it did not stick the first time) I had to go to them in person, and pay the balance, which since it hasn't had access to my cards has apparently built up fees as well as membership dues.

I am ... irritated. To cancel somethign I had thought was taken care of is suddenyl hitting my "fuck you" stuborness button. Not to mention I don't have the money to be wasting on something so stupid right now when I have hospital bills from my surgery I am still trying to pay off while trying to go back to work. And when I called the woman basicaly stated that while without my current card numbers they couldn't charge- the bill would keep growing and growing and affect my credit score.

So ... I am wondering if some of the lovely people out there with legal knowledge have any advice on alternative options?
Will a gym membership I can't cancel affect my credit score?
Is it legal for them to continue charging me dues, because they wont cancel it unless I pay money I do not feel they are owed?
And why wont those bastards let me cancel over the phone.

Thanks for letting me vent and rant.
Please, any advice is welcome and appreciated.



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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 8:29:34 AM   
GreedyTop


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do you have any documentation from your cancellation before? Call corp. be firm with them.

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 8:32:46 AM   
tolovetolaugh


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No. :(
If they gave me any, I honestly can't remember, and... important paperwork gets stored with my father- stuff I see as irrelevant gets trashed. Canceling something would have been a unthinking nearest trashbin.


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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 8:36:15 AM   
xxblushesxx


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So ... I am wondering if some of the lovely people out there with legal knowledge have any advice on alternative options?
Will a gym membership I can't cancel affect my credit score?
Is it legal for them to continue charging me dues, because they wont cancel it unless I pay money I do not feel they are owed?
And why wont those bastards let me cancel over the phone.

Yes any bill you don't pay can and probably will affect your credit score.
It probably is legal due to the contract you signed.
Because they get more money this way. : (

http://www.ripoffreport.com/health-clubs-gyms/planet-fitness/planet-fitness-cancel-your-pla-4579j.htm

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 8:40:53 AM   
kalikshama


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quote:

And why wont those bastards let me cancel over the phone.


To create a barrier. LA Fitness made me come in and get a form which I had to mail in.

If you go in in person that gives them an opportunity to try to change your mind.

I hope you have a record of your initial cancellation.

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 8:42:45 AM   
Iamsemisweet


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Read your contract., to verify what they are saying.  If you don't have it, demand to be sent a copy. 

Too late now, but probably the best thing you could have done was cancel in writing and keep a copy.

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 8:49:53 AM   
tj444


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read the membership agreements you signed, it should state in there how to cancel your membership.. I would guess if you dont pay what they say you do then it will go to collection and be reported to the credit bureaus, so it is possible it might affect your rating..

get everything in writing, including writing a letter stating you already cancelled and disputing their claims.. I dont suppose you got anything in writing when you went in and cancelled it? or wrote down the name of the person you were dealing with and the date? If you did then it would go a long way to reassert with them that you already cancelled.. Why is it your fault and responsibility when their rep didnt do his/her job and cancel your membership when you went in specifically to do that? And why did it take them so long to contact you when they couldnt keep charging your cards if its as they claimed and you hadnt cancelled? They should have contacted you immediately after the first time it didnt go thru, not many months later.. You could also tell them you will be filing a complaint with the Better Business Bureau and on various websites (like yelp, angies list, etc).. and deal with the decision maker/manager, not just whoever is at the reception desk.. perhaps you can eventually negotiate a lower amount if they keep claiming you didnt cancel..



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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 8:51:16 AM   
JanahX


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OK... so you fucked up and didnt take responsibility for your life.
It happens to everyone.
Now you know better. When you deal with contracts or sign up for something ... make sure you know if they will be billing your card automatically - and what the fine line print is on how to terminante and financial release. Get copies in writing of cancellation.

A lot of businesses will relent when you tell them your lawyer will be contacting them next on your behalf.
Unless they are dead sure of themselves - a lot of them dont want the hassle of legal fees.



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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 8:53:50 AM   
tazzygirl


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I dont ever do cancellations of any kind.. except physician appointments and reservations (for those who get nit picky.. lol) over the phone without a cancellation number, time, date and the person I am speaking with written down.

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 8:58:27 AM   
tj444


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quote:

ORIGINAL: tolovetolaugh

No. :(
If they gave me any, I honestly can't remember, and... important paperwork gets stored with my father- stuff I see as irrelevant gets trashed. Canceling something would have been a unthinking nearest trashbin.


I never throw anything out, no matter how insignificant it seems, especially when you think you have ended things.. and its saved a ton of money, btw.. like the time many years ago when i returned a pager but they kept billing me, if i had not kept the little receipt i would have been screwed.. and the time i kept the contract from a computer leasing company after the computer had been returned 6 months previously.. the leasing company wanted a ton of money (it was my ex's deal, not mine so it was his money i saved).. there is a statute of limitations and i hold all receipts, contracts, etc till well past that date..

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 9:03:11 AM   
kalikshama


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After seeing all the complaints on ripoffreport, I suggest you tell PF:

1. You already canceled
2. You are going to the BBB and your state's attorney general if they don't take care of it

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 9:38:45 AM   
agirl


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I had trouble closing my daughter's gym membership after she'd had a stroke.

Some gyms are TERRIBLY helpful while you are signing up but not so when you wish to withdraw, and they have ways, (which aren't illegal) to ensure you stayed tied to their finance companies.

From the years contract that she had taken out, if she did not cancel on the correct date, she was tied into another 3yrs membership and fees.

I wrote a letter which I could use if it came to an ombudsman. I also knew to get it all in writing. There was no doubt that we hadn't followed the small print, but we were otherwise occupied because of her stroke.

AS a goodwill gesture, the company waived the three year membership contract and wished her well for the future. If I hadn't had this result I would have gone to the Citizen's Advice Bureau.

In the UK, we have the Citizen's Advice Bureau which is quite an amazing free facility. They will liaise on your behalf and are a force to be reckoned with when it comes to things like this, where you have acted in good faith.

If you would like a copy of the letter I wrote, you are welcome to it and you can add your own details and delete hers.

As a side-note, does the USA have anything like the CAB? It is a charity and well-beloved and taken very seriously here.

Quote from CAB..

Without our trained volunteer advisers we could not continue to meet the demand for advice. Our generalist advice service looks at a client’s situation holistically as opposed to looking at their problems in isolation from one another. Advisers are given free training, both formal and on-the-job. As a CAB adviser you would:
  • interview clients
  • help them negotiate with people such as creditors or service providers
  • draft letters
  • make phone calls on their behalf
  • refer them to other agencies
  • represent them in court and at tribunals.
Attention all law students
If you train as a CAB adviser, you can get up to six months off your solicitor training contracts!
Unquote.
agirl



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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 10:02:25 AM   
tolovetolaugh


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Thanks for the advice- its very helpful and will get on solving that.
I do love the variety of people on here.


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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 10:34:16 AM   
Termyn8or


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FR

That's one of those "if I only knew" situations.

In the old days if a bank checked your credit for a house loan or something they would see this and you could just tell them, "Yeah, that's an old gym membership" and you and the loan person would have a chuckle about it and get on with business. However now you are reduced to a number.

My volk have been all over this and these clubs have crafty words in those contracts, this means no accusation of fraud or anything like lack of consideration will work. You have basically agreed to pay their rent etc., whether you use the facility or not. there might be something in FTC rules about them not offering the contract without automatic renewal, but don't hold your breath. Laws are written for people who take your money.

First of all throw the phone in the garbage. Get a laser printer and a word processor, do everything in writing. You have options in writing up to and incuding claiming that you were non compos mentis when you first signed up, but it shouldn't have to go that far. Write it, declaration of cancellation, certified letters to the branch of the club, the main office and all three credit reporting agencies. You might want to send copies to the FTC and your state attorny general's office. Hey, copies are cheap, but postage is not when it comes to this. Also consider publishing it in the legal section of the local newspaper. This all costs money of course and as you send these copies out, it's ALL certified mail.

Make sure ALL addressees are listed at the top of each and every copy, i.e. that the home office of the club is well apprised of the fact that the FTC is getting a copy as welll as the newspaper etc. Ninety nine times out of a hundred they will back off and cancel the account. You might have to pay up the current balance to keep your credit fit but consider it the cost of education.

Gym memberships are a really effective scam. People sometimes pay more for that than it would've cost just to buy the damn equipment and have it at home. This is a great scam, I couldn't have done much better myself. You think fifteen bucks a month isn't much, but figure that out for a year and multiply by the number of people who don't look at their bills, have been trying to cancel for years, actually want to use the gym and the fringe element who actually DO use the gym. And it's guaranteed income for them. Solid as a rock, unlike investments. And even if they never get blood out of a stone it's still on their accounts recievable and a company asset. Like leased cars, ya ever figure that out ? Car companies can make millions without selling any cars, and all those cars are still part of their net worth. The depreciation is tax deductible for them, but not for you if you bought it.

Never allow any automatic payments from anything, and if you really can't avoid it make sure it never comes out of your main account.

Oh and BTW, when someone said it will affect your credit score adversely ? Fukum. I'd bet they wouldn't waste the damn time to send in a bad report on you, and I'm not sure but I think this type of thing will not have as adverse an effect as say, going fifty grand in unsecured debt and stiffing them.

I'll have to give some though as to exactly how to word the notice, but the important part is that it goes to all kinds of people, file it with the clerk of courts, send copies to the gym, the home office, parent company, your, or some random lawyer's office, I can think of a few more but you list all these addressees on all copies. Oh, might as well include a TV station or two as well as the better business bureau. With time and beer I can think up a few more.

One other thing. DO NOT pay the balance (if you choose to in the first place) until AFTER you have confirmation in writing that the membership is cancelled. Even through a bankrupcy, DO NOT pay any of the past creditors anything or else you reenable them to initiate collection actions. DO NOT PAY until you see something in writing and you might just want to have a lawyer look it over.

This is just the basic advice, to get more specific I would have to actually read their contract. Maybe it can be found online ?

T^T

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 12:05:57 PM   
MadAxeman


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TLTL, wear a fat suit and shout at everyone entering the gym
'I joined Planet Fitness and all I got was Diabetes'

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 12:38:26 PM   
igor2003


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You should probably do as Iamsemisweet suggested and get a copy of the contract to read before you do anything else.  If possible get a photocopy of what you signed including all of the fine print associated with it in case their contract has changed since you signed up.  It is my understanding that many or most gyms have a cancellation clause which often includes a fee that has to be paid that is as much as 3 or 4 times the amount of the monthly fee.  If you have such a clause and fee associated with what you signed and you haven't paid that fee then perhaps that is why you are still being charged for your membership.

I signed up at a local gym several years ago and according to the law (at least locally...not sure about national laws) I had three days to review the contract and back out if I wanted to.  They had not told me in the interview that there was a cancellation fee that was a little more than 3 times the monthly dues.  After reading the contract in more detail at home I found the clause and felt like they had been doing business on the shady side by not telling me about it, and so went back to cancel my membership.  The manager got quite angry that I had dared to come back to cancel, and actually stormed out of his own office.

Anyway, first thing I would suggest is to find out for sure what you signed then decide from there what actions to take.

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 2:06:02 PM   
agirl


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quote:

ORIGINAL: MadAxeman

TLTL, wear a fat suit and shout at everyone entering the gym
'I joined Planet Fitness and all I got was Diabetes'


I was thinking along those lines, but as I love my daughter, I could be buggered backwards for longer than was palatable.

agirl





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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 2:16:40 PM   
xxblushesxx


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Termy,

A non-paid bill of any type can hurt your credit. Amount doesn't matter. Unless someone is looking at it manually, in which case the lower non-paid bills can hurt you more than the higher ones. They want to know why the eff you didn't pay the small one instead of allowing it to hurt your credit.

A negative is a negative. All non-paid bills are equal on your report.

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RE: Gym membership wont let me cancel- any advice? - 11/21/2011 3:46:19 PM   
tolovetolaugh


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quote:

ORIGINAL: MadAxeman

TLTL, wear a fat suit and shout at everyone entering the gym
'I joined Planet Fitness and all I got was Diabetes'


I like that idea!

I am actually thinking of going along this route... er without the fat suit.
No manager I have ever known wants a angry customer making a constant disturbance in their place of business. And if asked to leave- well hell, unwilling or not, I am still a member right? Easy way for them to take care of that right?
I figure if push comes to shove... the cripple girl falls over and that never looks good.

Been bored lately anyways.


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