What is the name of your state (only U.S. law)? VA
So I signed up for a year of gym membership at a local gym back in May and due to schedule and the workouts there I asked the owner if I can cancel my membership. She said since i signed a one year contract I have 3 options:
1. Continue the way it is and I pay X/month
2. Pay a 4 months worth of penalty fees - because I prepaid for a couple of months in advance so she would owe me Y$.
3. Freeze account if i give good faith I will be back.
I met her and told her that I will pick option 2 - and since i prepaid for the cancelled months anyway might as well use the remainder which i did and after the 2 months i stopped coming. This was around July
Now moving forward to September, i see the X charge on my Credit card and I disputed with my AMEX card and in October I did get another charge and a response from merchant with basically a copy of the contract and stating i signed a year long contract and because i PREPAID for months June-Aug, I will start to get charged from September moving forward. I responded with my justification that I selected option 2 (while copying her email with the options back then) and uploaded to AMEX. Now they are still working on the case but I got another charge in November and now December. I finally talked to a manager at AMEX saying the merchant can keep denying the dispute and AMEX can't do anything unless merchant accepts the dispute. I finally emailed the merchant and now am awaiting her response...
I guess in situations like these what can I do to "win" or at least not end up paying so much?
My argument is this - I stated I wanted out and I STOPPED GOING around the 2 months mark. Why wouldn't I have cancelled it and instead not go there and keep getting charged? Since this is a local shop there's no "fancy" cancellation numbers etc and heck she uses paper for the records!
So what are my options? I suppose if I just let her run over me i could:
1. Agree pay Sptember -December and say thats my "cancellation fee". But thats 500+ out the toilet!
2. Be "reasonable" and say "we are both at fault" and agree to pay her 1/2 and see if she bites?
I think she might stick to her guns on the whole contract thing and with no "receipt" and only "common logic" I am not sure I can win... AMEX certainly doesnt think so...
I do agree I probably shouldve contacted her sooner and maybe she shouldve to me as well but I think maybe we both wanted to play the process out?
Thanks!
So I signed up for a year of gym membership at a local gym back in May and due to schedule and the workouts there I asked the owner if I can cancel my membership. She said since i signed a one year contract I have 3 options:
1. Continue the way it is and I pay X/month
2. Pay a 4 months worth of penalty fees - because I prepaid for a couple of months in advance so she would owe me Y$.
3. Freeze account if i give good faith I will be back.
I met her and told her that I will pick option 2 - and since i prepaid for the cancelled months anyway might as well use the remainder which i did and after the 2 months i stopped coming. This was around July
Now moving forward to September, i see the X charge on my Credit card and I disputed with my AMEX card and in October I did get another charge and a response from merchant with basically a copy of the contract and stating i signed a year long contract and because i PREPAID for months June-Aug, I will start to get charged from September moving forward. I responded with my justification that I selected option 2 (while copying her email with the options back then) and uploaded to AMEX. Now they are still working on the case but I got another charge in November and now December. I finally talked to a manager at AMEX saying the merchant can keep denying the dispute and AMEX can't do anything unless merchant accepts the dispute. I finally emailed the merchant and now am awaiting her response...
I guess in situations like these what can I do to "win" or at least not end up paying so much?
My argument is this - I stated I wanted out and I STOPPED GOING around the 2 months mark. Why wouldn't I have cancelled it and instead not go there and keep getting charged? Since this is a local shop there's no "fancy" cancellation numbers etc and heck she uses paper for the records!
So what are my options? I suppose if I just let her run over me i could:
1. Agree pay Sptember -December and say thats my "cancellation fee". But thats 500+ out the toilet!
2. Be "reasonable" and say "we are both at fault" and agree to pay her 1/2 and see if she bites?
I think she might stick to her guns on the whole contract thing and with no "receipt" and only "common logic" I am not sure I can win... AMEX certainly doesnt think so...
I do agree I probably shouldve contacted her sooner and maybe she shouldve to me as well but I think maybe we both wanted to play the process out?
Thanks!