fitness club will not return money

[zk02]

My boyfriend and I became members of a fitness club in New York last year. The same day that we became members I experienced a family emergency and realised I could not afford the new gym membership. We cancelled our memberships the very next day, and sent our cancellations to them. This was in July 2002.

Since then we have called at least 20 times, trying to find out about why our money has not been returned but have received no response. Their cancellation department meets only once a month apparently- on Thursdays or Fridays from 1-3. Even when we call during those times there is no one there. We have faxed the general manager a request to be updated on our situation and have not heard from him either. He is never in the office when we call.

The total amount they owe us is only $600, but that money is precious to us. How could we proceed? Would it be feasible for us to have a lawyer write a lawyers letter for us?

Thank you for your help.

 

[HomeGuru]

My boyfriend and I became members of a fitness club in New York last year. The same day that we became members I experienced a family emergency and realised I could not afford the new gym membership. We cancelled our memberships the very next day, and sent our cancellations to them. This was in July 2002.

Since then we have called at least 20 times, trying to find out about why our money has not been returned but have received no response. Their cancellation department meets only once a month apparently- on Thursdays or Fridays from 1-3. Even when we call during those times there is no one there. We have faxed the general manager a request to be updated on our situation and have not heard from him either. He is never in the office when we call.

The total amount they owe us is only $600, but that money is precious to us. How could we proceed? Would it be feasible for us to have a lawyer write a lawyers letter for us?

Thank you for your help.

**A: yes. And hire an out of shape fat attorney that is not health concious and does not believe in keeping fit.

 

[JETX]

"We cancelled our memberships the very next day, and sent our cancellations to them."

"Since then we have called at least 20 times, trying to find out about why our money has not been returned but have received no response."

Question:
Under what legal basis do you think that you have the right to cancel a contract??

 

[zk02]

Our contract stated that if we returned all the documentation within 3 days the fitness club would process a full refund- no questions asked.
We know they received the paperwork on time, as per information that they have recently provided us with. And they say that they sent us a letter in September 2002, but it was sent to a completely incorrect address. But they cannot provide us with information about it's contents.
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Please advise us on how to proceed. Thank you.

 

[JETX]

Don't you think that it would have been kind of important to note in your original post that the contract gave you a 3-day cancellation right?? It would have saved time for both of us!

So, if you have complied with the cancellation requirements.... and can prove it, take them to small claims court. It already sounds like you have exhausted all other efforts to get their attention. Maybe serving them with notice of a lawsuit will help.

 

[HomeGuru]

Were the cancellations sent via certified rrr mail showing proof of mailing within the 3 day right of rescission?

 

[zk02]

Don't you think that it would have been kind of important to note in your original post that the contract gave you a 3-day cancellation right?? It would have saved time for both of us!

So, if you have complied with the cancellation requirements.... and can prove it, take them to small claims court. It already sounds like you have exhausted all other efforts to get their attention. Maybe serving them with notice of a lawsuit will help.

I have lost the certified mail receipt that I had, but when I spoke to them last week they said they had in their system that they received everything. If I could somehow get a copy of that from the receptionist would it help?

Would you be able to help us serve them with a notice of a lawsuit? How much would it cost?
Thank you.

 

[JETX]

"If I could somehow get a copy of that from the receptionist would it help?"
*** Yes.

"Would you be able to help us serve them with a notice of a lawsuit?"
*** No. I am in Texas, not NY.

"How much would it cost?"
*** Go to the following website:
http://www.consumer.state.ny.us/clahm/Clahm-Small_Claims_Court.htm