My legal position is what? EDIT: Yah they are cancelling!!

[StageLeft]

Fsck I'm pissed. I signed up for a year membership to a gym in March of this year. Its $40/month getting sucked off my visa card. In May of this year Mrs. Skoorb, who signed up for the same membership, successfully cancelled her membership simply by asking.

Fast forward to July. I go in and ask if I can cancel and I am told yes I can, so they do that. Surprise, surprise, next month my visa is charged. Since I'm no longer in the country I get my parents to look into it. They do. Employees say the membership is cancelled and the funds will be retracted. Fast forward to 6 days ago. Visa charged again. Parents call. Employees say "oops we're dumb asses, the money will be refunded and the membership is cancelled. We'll get Natasha to call you."

So then today Natasha calls my parents and let them know that I signed up for a year membership (yes I agree that I did), and that I have to pay until the end of that year. Now this is all fine and dandy and if they'd of told me it was not possible to cancel in the first place I'd of said "great, thanks", and just paid. However I was told by one person it was cancelled, then on two other occasions they told my parents it was cancelled and now the final head-honcho says it is not. This is such a terrible pain in my ass as to get dicked around by total incompetency. Its not like I wanted them to research a drug for me. I just wanted a membership cancel and these go-tards couldn't figure it out.

Question Am I obligated to finish paying until March of 2002 or did the verbal statements by 2-3 employees have any bearing? Like I said, if they'd of been clear in the first place I would not be complaining but I had to f**king well pull teeth to get a straight answer and only got it after being told something totally different by other employees. Are their statements legally worth anything? Regardless of what happens this gym, which I've attended for 7 years, will get a letter asking why they give their employees the most basic of company policies. My God!

Whats the deal?

 

[Michael]

Read the contract you signed.

Also, you can contest the charges with your credit card company.

Michael

 

[Monel Funkawitz]

Cancel your credit card. That simple

 

[StageLeft]

There isn't much point in reading the contract because I think they are right in what I signed to (I am assuming they are. It makes sense and I don't have it here to read anyway so lets just assume that they are right for that).

There is absolutely zero point in cancelling my credit card or refuting charges if I am legally obligated to pay!

 

[StageLeft]

BUMP

 

[Yo Ma Ma]

<< Cancel your credit card. That simple >>

Yes, try this route (call in for a new cc# & the charges will not go through).

 

[ImTyping]

Wounded
Membership
Child

 

[BrunoPuntzJones]

unless you got it in writing that they let you cancel (which you have oral confirmation of) the written contract wins sorry man

 

[python134r]

Make a written complaint to your credit provider stateing the facts at hand. Insist that you are not paying the charges from the day you cancelled and insist for a credit om any charges accrued since the day any employee of the gym told you that your membership was cancelled. Be persistent.....you will get it. Usually, it takes a few months for the credit provider to investigate and usually those monthly charges are put on hold and not put into your current balance untill the matter is resolved. Rich G

 

[StageLeft]

Thx for responses.

Guys I'm absolutely not cancelling my credit card or changing the number, because then this place will just send a collection agency - thats why I have to be sure they are wrongfully charging me.

Wounded
Membership
Child

heh. Like I said if they hadn't of made me wait 2 months plus morons tell me different stories this would be a totally different issue. When I originally signed up for the membership I was told at that time that I could cancel it without issue. I guess it wasn't written in the contract but thats what they told me, and apparently everybody but Natasha seems to think this as well. $40 CAN isn't even the thing that bugs me, its the entire principle of being dicked around and given bogus stories, then finally told to go screw myself without an appology for the idiots that are working at the place.

I think the next thing I'm going to do is write them a letter and fax it in and explain the matter from my end and that if I don't receive a satisfactory response immediately I'll have to protest the charges with my credit card company and see what they say.

 

[Looney]

Sounds like you're bound to the contract.

But can't you request them to 'freeze' your membership while you're out of the country? Most places i've been to do this quite willingly, and if they don't, then that should be the last time you join their gym (let them know this as well).

 

[ggavinmoss]

I'll echo the feelings of the group: you have no legal position.

In cases where the rules are being "bent," never take a peon's word for it being taken care of. Talk to a manager or head-honcho and have him/her take care of it.

Tough break.

-geoff

 

[Amused]

A little advice:

Next time someone agrees to break a contract with you, get it in writing.

The written contract will trump your claim they told you verbally that you could break it.

 

[doublec16]

I think the law is a bit different in Canada than the States, and now that you mention $40 Canadian I assume you are talking about Canada. In Canada if a representative of a company says something to you then it is a legally binding verbal contract. You might want to remind them of that, and also to all the Americans who have replied, remember that Canada's a different country with different laws. I got somewhat of a rude awakening to that effect shortly after I moved to the States, about things such as verbal contracts and companies charging me money illegally etc. and I found I couldn't do anything about it, whereas I had a much easier time with stuff like that in Canada (actually it mostly didn't happen in the first place). I'm not a lawyer or anything, just talking from experience, and don't quote me, but you also might want to tell the credit card company what they told you and give details about dates and such as much as you can remember them. Also, if you're not talking about Canada, disregard this entire post.

 

[brxndxn]

Hey, dammit, you're getting bad advice. Even in the US, a verbal contract/promise is legally binding - especially when it influences your purchasing decision.

You get a refund from the first date you cancelled - and don't take no for an answer. Argue with them like hell - cause' you are right. Tell that lady she has charged your card twice without authorization and if it happens a third time, you will seek compensation for your troubles. (which means hire one of the cheap lawyers and sue them for whatever the lawyer thinks he can get)

 

[StageLeft]

Thanks everyone. I don't have any names (other than natasha), but my parents and wife can all vouch for what people have said and Natasha won't deny that, so I'll write her her farkin letter today and see what she says. I'm also going to tell her to respond in writing (fax or letter) instead of phone.

 

[Kiyi]

Yes, legal word is binding. Plus I believe, there is a clause or friendly not-announced clause if you leave the country and are going to return you can postpone months til you get back.

 

[Frenchie]

Read the terms of the contract. Although they may have made oral promises to you, they more than likely are not binding on the gym as the contract most likely contains an integration clause which requires all amendments/chages/revisions to be in writing signed by both parties.

If the contract does not let you cancel, file a dispute with the credit card company. This puts the burden on the gym. If they take no action, the charge comes off. Do that each time the try to charge you.

 

[StageLeft]

Well here is what i wrote them. In actually fact if she does give a satisfactory answer, such as "fsck off skoorb, this contract is all that matters i spoke to our lawyer" I won't protest the charges. Anyway, long (being faxed out any minute):

----

bizatch

I am writing this letter as what I hope to be a final attempt in sorting out my Nubodies membership at the Clayton Park location. As you know I have been trying to cancel my membership for two months with no success. I originally signed up in March of this year for a one year membership. At this time I was told that there would be no problem cancelling the membership if I needed to do so. I would merely be responsible for the completion of the current month's membership fees.

To ensure that we are on the same footing I will list the timeline of events that have taken place in this effort:

1) Shortly before requesting cancellation I asked a Bedford employee (since I was attending this location at the time) if there was any issue about cancelling a year membership before the year was up. I was told that a membership could be cancelled at any time.
2) On or around July 17th I went in to the Bedford location and gave a written (as instructed) note, signed, requesting cancellation of my membership. I was assured that the membership would be cancelled following one or two more payments so that the membership month would be completed.
3) Noting a withdrawal of $20 (the bi-weekly membership fee) on Aug 30 I had my father call the Bedford location to inquire about my membership status. This is because I have been out of the country since July. He was told that since my membership was based out of Clayton Park Bedford could not cancel the membership. This was never mentioned to me on July 17th, and nobody from either location took the effort to track me down (my home phone number in Nova Scotia is still valid).
4) My mother then called Clayton Park and was assured that my membership was indeed cancelled.
5) Noting a further withdrawal of $20 on my credit card on Sep 13 I had my mother call Clayton Park yet again (on Sep 17). She was, for a second time, assured that my membership was cancelled and there would be a refund of appropriate charges (those incurred after the completion of the month in which I requested membership termination). Whomever she spoke to said that you would call.
6) On September 19 you called explaining that due to my one year contract I was responsible for the bi-weekly charges until the end of the membership year.

As you can see there is a gross level of miscommunication regarding my seemingly simple matter. There are several verbal promises and statements that contradict what you explained on the 19th. In summary these are:

1) At time of signing in March of this year I was told there would be no issue with cancelling (my wife was there at the time and confirms this). This verbal promise influenced my decision to purchase the membership.
2) Asking a Bedford employee about cancelling yearly memberships I was told there was no issue beyond completing payment for the current membership month. I am to assume that Bedford and Clayton Park have similar membership policies.
3) At time of membership termination request in Bedford I was told it would be cancelled.
4) During the first phone call my mother made she was assured my membership was cancelled.
5) During the second phone call my mother made she was assured my membership was cancelled.

As you can see of the several Nubodies employees involved you are the first to explain, two months after the initial request, that my membership cannot be cancelled and I am responsible for membership fees until the completion of the membership year. As you probably know verbal statements are legally binding, and statements made by a representative of a company also have legal weight to them.

I think that we can both agree there is a high level of misinformation among various Nubodies employees regarding membership policies. I am exceedingly dissatisfied with the handling of the matter and in my 7.5 years of on-and-off Nubodies memberships I have never had a problem like this (or any problem for that matter). I would very much like a written reply (fax or mail) to the above address (as mentioned I am out of the country, thus my wife is handling the correspondence) as soon as possible. If you cannot satisfactorily account for the extensive inconsistencies in the matter I will be left with no option than to formally protest the charges with my credit card company.

Sincerely,
Skoorb

 

[guyver01]

good letter. i dunno if i would call her a "bizatch" tho in the opening

 

[StageLeft]

Yet again I write an irrefutable letter. First it was last year when a bus hit me, and the driver threatened to write me up and I was like "wtf?", so I wrote the bus company and they sent me a check for damage on the car.

Now my wife is saying that the lady called from my gym saying she was sorry for the mess and with all the disturbances they were going to cancel the membership and send a fax out to confirm. Damn right. I hope she gives them a training seminar on company policy so that they all know whats going on as well.