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health club forged signature on contract

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R

rozes

Guest
What is the name of your state? MD
I went to a pool a a health club and asked if my family could try it for a month. The salesman said that was fine. I paid the initiation fee and one month for myself and each of my children. We only used it twice within a week of each other and my daughter got a severe rash from the chlorine and had to go to the hospital. I sent the club a letter thanking them for the use of the pool, but that we would not be using it. The club began charging my credit card, which I had used to buy swimming diapers for my baby. I called the CC and the lawyers for the Credit c asked or documentation from the club and myself. They gave the funds back to me. Since then the Club is now suing for it. The credit co asked for copies of the "contracts". They were not signed by me but by someone at the club. Also, the bottom of the contract where there is a line to put Credit/Bank infor, was not filled out. My oldest son was with me and heard me say that I didnt want to join, but just try it our first. He witnessed me not signing anything. They are suing me for 2500. This is not even close to what I would have paid if I had joined. Can they win???? Pleae help soon, my court date is this week. Thankyou
 


N

no lawyer here

Guest
You will have to prove that you did not sign the contract, that it was a forged signature. Take any letters you recieved from your CC company to court with you and samples of your signature on other documents.

If you are certain you did not sign the contract I would also file a police report for fraud.
 

BL

Senior Member
When you complained to your CC CO., they should have sent you a Form to fill out stated you DID-NOT authorize the spa facility to take your funds.

The CC Co. should then have contacted the Spa for a response .

If the Spa did-not respond w/ proof they were authorized to withdrawal the Spa fees , it would be construed , this was a trial membership.

Review your initial contract . If you were to Fallow procedures to cancel or whatever after the trial period ended ( Written notice ,Etc),and did not , and your signature was was on that form, you may have to pay.

I would bring up the fact you child had to be hospitalized because of the Chlorine in the pool, and if it proceeds to court , counter sue for them cost , plus pain & suffering , unless the have a waiver you signed for injury. Ck you states laws.

Why not make a complaint about the hospitalization w/ the Health Dept. so they can investigate the POOL & Facility ??
 
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R

rozes

Guest
more info - PLEASE HELP SOON

The credit card company did have me fill out papers. The manager of the Health club's last statement in her court papers - what did member tell credit co that made them favor them. What did the manager leave out which made credit co not charge my account. I have two witnesses who heard me explicitly tell the sales team at the club that I wanted to try it and paid the initiation fee and one month. This suit comes 15 months later. The manager of the club also has a relationship with my relative. I asked my relatve to talk to him when I was first sued. The manager stated that they do this all of the time, and didnt know I was related to her. He said he would take care of it. Then told her it would look funny to the staff if he did this for her (for me) because he was back with his wife. He then told her to tell me that I better settle with him for 2,000 or I woud lose more than that in court. Is this a threat?? PLEASE HELP
 

BL

Senior Member
By orig. poster: health club forged signature on contract [ quote ]

Which is it ? Your signature was forged on a written contract , or it was a verbal agreement , but you paid the first month ?


If you had a written contract, read the contract carefully .

Do you want us to assume your signature was forged on a contract , yet you paid 1 months spa fees ?

I would say Prove the Contract was forged , which would make the contract VOID.
 
R

rozes

Guest
info thanx

Thanks, I didnt know There was a contract until the Credit Co asked for one. I never filled one out. The signature on the bottom of all of them have different signatures. My name is not spelled right on any of them, the address is not spelled correctly either.
 

JETX

Senior Member
"Can they win????"
*** Of course they can win.... if they can present sufficient evidence that YOU signed the contract..... or if you fail to show up.

"The signature on the bottom of all of them have different signatures. My name is not spelled right on any of them, the address is not spelled correctly either."
*** Then show up in court and challenge their claim.
 

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