Please Help!

[kira]

Florida.About 1 year ago, I signed a contract with a tanning salon. The agreement was that $19.99 would be taken out of my bank account monthly for use of their booths. After making my initial payment, the next months payment bounced. I did not realize that this was not a deal breaker. I never went back again, and I am ashamed to say that until today, I did not realize $19.99 has continued to be taken out of my bank account ever since. Do I have any legal right to collect what has been taken from me when I was not even using their services?

[Neal1421]

Originally Posted by kira

Florida.About 1 year ago, I signed a contract with a tanning salon. The agreement was that $19.99 would be taken out of my bank account monthly for use of their booths. After making my initial payment, the next months payment bounced. I did not realize that this was not a deal breaker. I never went back again, and I am ashamed to say that until today, I did not realize $19.99 has continued to be taken out of my bank account ever since. Do I have any legal right to collect what has been taken from me when I was not even using their services?

No, did you ever pay them their money for the payments that bounced?

[Ohreallynow?]

Originally Posted by kira

Florida.About 1 year ago, I signed a contract with a tanning salon. The agreement was that $19.99 would be taken out of my bank account monthly for use of their booths. After making my initial payment, the next months payment bounced. I did not realize that this was not a deal breaker. I never went back again, and I am ashamed to say that until today, I did not realize $19.99 has continued to be taken out of my bank account ever since. Do I have any legal right to collect what has been taken from me when I was not even using their services?

No. sorry about that.

[kira]

No. I did not pay them for what bounced. My bank covered it and I had to repay the bank. I've learned that there is always a loophole. There has to be one to this. Membership dues are obviously to cover wear and tear on equipment and to pay staff. If I have not utilized their equipment, why should they be allowed to keep my money?

[Ohreallynow?]

Originally Posted by kira

No. I did not pay them for what bounced. My bank covered it and I had to repay the bank. I've learned that there is always a loophole. There has to be one to this. Membership dues are obviously to cover wear and tear on equipment and to pay staff. If I have not utilized their equipment, why should they be allowed to keep my money?

First hold up the contract so that I can see it.

Contracts are made to be Evil, That is why I find them so fascinating, yet they can do good. Like yogurt, but I tangent.

If you do not believe me, go on down yonder to the old Bronze-R-Us and get a copy of your contract, and read the fine print.

[Ohiogal]

Originally Posted by kira

No. I did not pay them for what bounced. My bank covered it and I had to repay the bank. I've learned that there is always a loophole. There has to be one to this. Membership dues are obviously to cover wear and tear on equipment and to pay staff. If I have not utilized their equipment, why should they be allowed to keep my money?

They are allowed because you had ACCESS to their equipment even if you decided not to utilize it. That is what your membership allowed.

Originally Posted by kira

Florida.About 1 year ago, I signed a contract with a tanning salon. The agreement was that $19.99 would be taken out of my bank account monthly for use of their booths. After making my initial payment, the next months payment bounced. I did not realize that this was not a deal breaker. I never went back again, and I am ashamed to say that until today, I did not realize $19.99 has continued to be taken out of my bank account ever since. Do I have any legal right to collect what has been taken from me when I was not even using their services?

How on earth would it be their fault because you decided to "not go tanning"?

You say that you signed a 1-year contract for $19.99 to be taken out of your account monthly, and then you contradict yourself by saying "I did not realize $19.99 has continued to be taken out of my bank account".

C'mon do you realize just how ridiculous this sounds? You knew exactly what you were doing, and now your trying to back-pedal your way out of it!

[kira]

First off, I didn't say anything about a year contract. Second, I thought that by breaching a contract, it is voided. Obviously if I knew "exactly what I was doing," I would not be in this forum seeking advice. The tone that is being taken with my post is unprofessional, and if those of you who are replying with that "tone" consider yourselves legal professionals... you are the ones that give lawyers and the legal field such a bad reputation. If you can't say something in a kind way, don't say it at all. To those of you who told it like it is without adding personal opinions and commentary... thank you.

[Ohreallynow?]

Second, I thought that by breaching a contract, it is voided.

Oh Kira thank you, I was laughing so hard that I got a tummy-ache and now I can turn down that Donut! You are a thigh-saver!


Have a good weekend, Get some sun you are looking pale!

Second, I thought that by breaching a contract, it is voided.

Breaching a contract DOES NOT make it "void". Who told you that?

Breach of contract leaves the nonperforming or improperly performing
party open to a claim for damages by the other party. The non-
breaching party is relieved of his obligations under the contract by
the other party's breach.