Health Spa Contract

I live in New Jersey. My 22 year-old daughter entered into a contract with a local health spa for a 6-month trial membership. At the end of the 6 months she was to send them a letter stating that she no longer wanted to continue her membership. She notified them (in writing) of her intention NOT to continue however they have said they never received her letter. Therefore, they have continued to bill my credit card for the last 4 months. However, the credit card company has refused to pay (as per my instructions). The health spa has forwarded this matter to a collection agency. I'd like to know what I should do? Should I pay this bill ($140) or should I take this matter to a lawyer. My daughter fulfilled her part of the contract but it seems as though the health spa is not. I'd appreciate any input.

I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Should've sent a return receipt letter. That way they can't pull that never received it business.

Now, as for your contract, you would probably pay more to an attorney than the $140.

JBerardi said:

I live in New Jersey. My 22 year-old daughter entered into a contract with a local health spa for a 6-month trial membership. At the end of the 6 months she was to send them a letter stating that she no longer wanted to continue her membership. She notified them (in writing) of her intention NOT to continue however they have said they never received her letter. Therefore, they have continued to bill my credit card for the last 4 months. However, the credit card company has refused to pay (as per my instructions). The health spa has forwarded this matter to a collection agency. I'd like to know what I should do? Should I pay this bill ($140) or should I take this matter to a lawyer. My daughter fulfilled her part of the contract but it seems as though the health spa is not. I'd appreciate any input.

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My response:

This is the proverbial "He said, She said" routine.

Her notice of cancellation should have been mailed via Certified Return Receipt. So, it could very well have been lost in the mails, or they are unscrupulous and have ignored the cancellation knowing you have no way to prove a timely cancellation.

In order to save hers, and your, credit rating, you may as well pay what is owed and chock it up to a "life lesson".

IAAL