gym's contract

[dusty]

As per my Gym's contract, they were supposed to debit my credit card every month to pay for my monthly fee.
They have not debit (forgot) or charge my credit card for the last couple of months.
Should i call and tell them or wait until they notice it.

 

[lawrat]

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

At this point, do not contact them until they start debiting your card or billing you.

If they bill you for back charges, ie. on the September bill you are charged for all the month's previous. You call them at that point, and make them take off all of the charges prior to that that you didn't notice no debit of. I.e. if you noticed they forgot to bill you for march and april in may, you still have to pay for may through september.

In legalese, your knowledge of their mistake makes it a bilateral mistake and you need to pay. Your lack of knowledge of their mistake makes it a unilateral mistake, meaning only they made the mistake and you are not responsible.

Hope this helps.

 

[dusty]

Thanks Lawrat.To get rid of this "internal guilt" and do the right thing, I want to know the implications of me sending a letter to the Gym informing them that I just discovered their mistake. "In my own words", I will explain (using info, I just got)to them that my new obligations starts with this month as I was not aware of their mistake until now. Is this OK to do? Thks!

 

[lawrat]

Yup, that is both the honest and legal thing to do! In no time, you should be practicing law! : - )

 

[dusty]

To my "Guardian Angel"...., where ever you are, THANKS for your help and wonderful job. You have a good heart too by doing the things you are doing in this chat. You are a great lawyer