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2011 Billing Error

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Footballdj

Junior Member
I was a member of a gym/social club and decided to leave in 2012. When I left they informed me I was leaving in good standard and I was paid up in full.

I recently decided to rejoin and a couple months in they hit me with a 400+ charge saying they made a billing error back in 2011. They also want to start hitting me with late fees every 30 days I go without paying it.

I was not planning for this charge and don't have the money they are asking for? Any advice on what to do? Based on them saying I left back in 2012 in good standing?

Any advice would be appreciated.

Club and myself are in New York
 
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LdiJ

Senior Member
I was a member of a gym/social club and decided to leave in 2012. When I left they informed me I was leaving in good standard and I was paid up in full.

I recently decided to rejoin and a couple months in they hit me with a 400+ charge saying they made a billing error back in 2011. They also want to start hitting me with late fees every 30 days I go without paying it.

I was not planning for this charge and don't have the money they are asking for? Any advice on what to do? Based on them saying I left back in 2012 in good standing?

Any advice would be appreciated.

Club and myself are in New York
There is usually a statute of limitations for this sort of thing. (billing errors or omissions) In my state its two years. You might want to check it out for your state.
 

Zigner

Senior Member, Non-Attorney
There is usually a statute of limitations for this sort of thing. (billing errors or omissions) In my state its two years. You might want to check it out for your state.
This would seem to me to be a contract dispute. New York's statute of limitations for contracts (written or oral) is 6 years.
 

LdiJ

Senior Member
It is a contractual matter precipitated by a billing dispute. At this point, the gym is claiming that they are owed $xxx per the contract.

I recently decided to rejoin and a couple months in they hit me with a 400+ charge saying they made a billing error back in 2011.
We are going to have to agree to disagree.
 

Zigner

Senior Member, Non-Attorney
The gym says the guy is supposed to pay $XXX per the contract and that the guy didn't pay $XXX per the contract, thus they are seeking the money due to them per the contract. Whether or not he rejoined the gym is totally irrelevant. They are seeking compensation for the money owed to them per the contract from 2011. It is a contractual matter and is subject to the statute of limitations for contractual matters.
 

You Are Guilty

Senior Member
While it sounds an awful lot like a breach of contract to me as well, it's a distinction without a difference. The default SOL in NY when nothing else is specified (ie, no special SOL exists for a "billing dispute"), is also 6 years. CPLR 213(1).
 

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