D
Dolphins
Guest
This is in the state of North Carolina.
I signed an agreement with a health club on May 17. At first I was not given a copy, then before left the gym I went to ask for it so I could read it over. I didn't like the sneaky way the salesman did and the terms in the paper were not what were said. But there was fortunately a clause, not made known to me during the sales, but was in the agreement that said:
"BUYERS RIGHT TO CANCEL: You, the buyer, may cancel this contract at any time prior to midnight of the third business day after the date of this contract. To cancel, you must notify the Seller in writing not later than midnight of (5-22-01)".
Since I was out of town preparing for my relocation to my new apartment where the gym is, I typed a letter of cancellation on May 20 and delivered it personally to the salesman in the gym the next day May 21 on my return.
He was reluctant to accept my cancellation and asked for reason. I gave him several reasons and he was persistent to make me change my mind. I tried not to give in, and he left the office to get a manager. Finally they made some counteroffer by deleting some parts of the terms and adding some words on my copy with the manager's signature and dated. I did not initial on the changes. I told them I would consider because there are other things I was quite satified.
Beside the uncleaniness issue, I was unhappy with their vagueness on the charge to be made on my credit card.
That day when I joined the club it was because they had a special offer that said if I joined that day, there would be no initiation fee or monthly due for May but just $17.00 enrolment according to that day's date. Thereafter, the monthly due would be $39.00. The contract had the $17.00 enrolment and the amount $39.00 stated, and the "First Billing Date": 6/5/01 written. But in June 10 when I received my credit card statement I noted they had charged me the sum of $56.00 on 05-17-01. I called but my call was not returned.
I wrote them a certified letter immediately, but received no reply. I disputed the charge, but my credit card Co stated they couldn't help me because they said charge was made before my cancellation. In July 10 I wrote the gym another letter with threat of reporting to the BBB. This time they responded, but twisted the facts by saying I did not deliver the letter of cancellation on that day in person, therefore they continued to charge my credit card monthly.
My question is, they had made changes on my copy with the manager's signature and dated May 21, would that be sufficient evident of my delivery despite their claim now saying I was not there (they claimed I was not there on May 20 per my May 20 letter, and that they had proof I was there on May 21 to discuss about the term)?
Another question is, can they charge me $56 on the day I sign the agreement and not per the contract's stated first billing date?
I signed an agreement with a health club on May 17. At first I was not given a copy, then before left the gym I went to ask for it so I could read it over. I didn't like the sneaky way the salesman did and the terms in the paper were not what were said. But there was fortunately a clause, not made known to me during the sales, but was in the agreement that said:
"BUYERS RIGHT TO CANCEL: You, the buyer, may cancel this contract at any time prior to midnight of the third business day after the date of this contract. To cancel, you must notify the Seller in writing not later than midnight of (5-22-01)".
Since I was out of town preparing for my relocation to my new apartment where the gym is, I typed a letter of cancellation on May 20 and delivered it personally to the salesman in the gym the next day May 21 on my return.
He was reluctant to accept my cancellation and asked for reason. I gave him several reasons and he was persistent to make me change my mind. I tried not to give in, and he left the office to get a manager. Finally they made some counteroffer by deleting some parts of the terms and adding some words on my copy with the manager's signature and dated. I did not initial on the changes. I told them I would consider because there are other things I was quite satified.
Beside the uncleaniness issue, I was unhappy with their vagueness on the charge to be made on my credit card.
That day when I joined the club it was because they had a special offer that said if I joined that day, there would be no initiation fee or monthly due for May but just $17.00 enrolment according to that day's date. Thereafter, the monthly due would be $39.00. The contract had the $17.00 enrolment and the amount $39.00 stated, and the "First Billing Date": 6/5/01 written. But in June 10 when I received my credit card statement I noted they had charged me the sum of $56.00 on 05-17-01. I called but my call was not returned.
I wrote them a certified letter immediately, but received no reply. I disputed the charge, but my credit card Co stated they couldn't help me because they said charge was made before my cancellation. In July 10 I wrote the gym another letter with threat of reporting to the BBB. This time they responded, but twisted the facts by saying I did not deliver the letter of cancellation on that day in person, therefore they continued to charge my credit card monthly.
My question is, they had made changes on my copy with the manager's signature and dated May 21, would that be sufficient evident of my delivery despite their claim now saying I was not there (they claimed I was not there on May 20 per my May 20 letter, and that they had proof I was there on May 21 to discuss about the term)?
Another question is, can they charge me $56 on the day I sign the agreement and not per the contract's stated first billing date?