I am in California
I am a student, in college
I started martial arts membership 28th April. Was hit by a drunk driver, and totalled my vehicle. I had account frozen until my shoulder healed, which they did for 1 month, and then continued billing me. I was up to date on my payments, but had to send a cancellation notice with a 30 day notice. They charged me for 2 months at $125 a month, plus late charges, and added extra months too. They say they cannot process cancellation until the $300 plus is paid off. I am a student and can only make payments, but by the time I pay it off I will be back to owing them almost the same amount.
Does "impossiblity of performance" work in this case, to break the contract, since I could not use the membership there?
Month to month
Contract says:
Cancellation:
This agreement is a continuous payment plan, and will continue until buyer terminates agreement. You the buyer may cancel this agreement by sending a written cancellation notice to the club, (30) days prior to the payment due date on the agreement. This notice must be sent via certified mail. All membership dues payments must be brought current and all items (property of the school) must be returned at the time of cancellation.
thanks
I am a student, in college
I started martial arts membership 28th April. Was hit by a drunk driver, and totalled my vehicle. I had account frozen until my shoulder healed, which they did for 1 month, and then continued billing me. I was up to date on my payments, but had to send a cancellation notice with a 30 day notice. They charged me for 2 months at $125 a month, plus late charges, and added extra months too. They say they cannot process cancellation until the $300 plus is paid off. I am a student and can only make payments, but by the time I pay it off I will be back to owing them almost the same amount.
Does "impossiblity of performance" work in this case, to break the contract, since I could not use the membership there?
Month to month
Contract says:
Cancellation:
This agreement is a continuous payment plan, and will continue until buyer terminates agreement. You the buyer may cancel this agreement by sending a written cancellation notice to the club, (30) days prior to the payment due date on the agreement. This notice must be sent via certified mail. All membership dues payments must be brought current and all items (property of the school) must be returned at the time of cancellation.
thanks