D
dhayes
Guest
My girlfriend lives in the state of california. She signed a contract with a gym that stated she would pay 10.00 a month to use the facilities. Shortly after she signed the contract the gym raised the minimum fee to 29.00 a month. Since she was paying with an automatic electronic withdrawal from her bank each month, they automatically started withdrawing 29.00 a month from her account without her consent or notification of the rate increase. This subsequently charged a 40.00 overdraft to her account. She contacted the gym and notified them she was not willing to pay 29.00 a month and that she would like the extra 19.00 and the 40.00 overdraft charged reimbursed to her. They said they would talk to their corporate facilities about the reimbursement and cancel her membership in the mean time. Another month went by and they withdrew another 29.00 from her account. This time when she tried to contact them they informed her that they "lost" her contract that she signed, but they did have proof that she signed a contract, although for no specific amount. This was a lie as she signed nothing but the original 10.00 a month contract. They also refused to reimburse her for any of the withdrawn funds. Are they liable for these funds? Doesn't the fact that they lost the contract make it void and illegal for them to continue wuthdrawing funds(they also never gave her a customer copy). Any help would be gladly appreciated as she(and I) are both 18 yrs. old and do not have sufficient funds to hire an attorney.