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Cancelling a Health club membership

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letstalk

Member
What is the name of your state? Massachusetts

Two years ago, in Nov 2001, after knee surgery, I joined a health club. I signed the contract for a year, and was told verbally I could cancel after six months, as long as I paid $100 to do so. I knew that was my plan, I cancelled in April 2002, paid the fee and never heard anything.

Until about two weeks ago, almost two years later when I received a letter from a collection agency for the balance of the contract, $240. I regretfully had thrown out the contract a few months before, thinking there was no need to have it anymore. When I spoke to the agency, they said 'there was never any way to get out of this contract, so pay up' and threatened that this would all affect my credit status.

Having an excellent credit report, I grudgingly paid, because I'd been given two weeks to pay, although I doubted the legality of this action. Since I had no paper work to back it up, I knew my options were limited. Yesterday I received a direct mail piece from the health club, saying my membership had expired in Nov 2002 and did I want to renew?

Since I never heard anything by phone call or on paper, did the collection agency legally have the right to collect so far after I'd terminated? I am thinking of proceeding with the Consumer complaint division of the Attorney general's office here. Simply for the length of time it took, for them to notify me.
 


L

LV girl

Guest
I am not a lawyer. I am just speaking from my experience with this issue.

If your health club operates anything like mine did, our contract stated that the only way to terminate it was to pay the entire contract in full or move to an area where there was no club.

Did you enclose a written request with the $100 payment stating that you are terminating the contract? If not, the $100 fee that you thought you had paid was probably put toward future months' payment(s), hence you did not get a notice from the collection agency until a few months later stating that you owed the $200+.

Request a copy of the contract with your signature, then you can verify the terms yourself.

Good luck!!
 
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