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Getting scammed by a gym
My fiance and I joined a gym about 2 years ago. We went for a year, then decided to trim it out of our budgets because $80 a month for the two of us was a little steep. We received a letter notifying us that we had 30 days to cancel in person or we would have our membership automatically renewed for another year. My fiance (whose name both memberships were under for credit purposes) was, at the time, away on military training, and unable to make it in to the gym. He called and asked if he could cancel over the phone because of his circumstances. They said it wouldn't be a problem, and that they'd take care of it.
Fast forward a few months, and we're still paying. We call, he talks to the manager, manager apologizes and tells him that our overpayment will be refunded and that our membership will be cancelled. Good enough.
Fast forward ANOTHER few months, and we have now been paying for this gym membership for the last 8 months, even though we've called to get it cancelled about 2 dozen times. Every time the manager isn't in (only works select weekdays during business hours. We tried to e-mail the head office, but received no response. We called the head office yesterday, and they said they wouldn't have any records of our phone calls, and that they'd have to talk to the manager of the branch (who of course wasn't in). After all this, I checked our bank balance again today and they charged us ANOTHER bi-monthly payment AFTER our phone call, even though she told us our membership had been cancelled!
I am furious and frustrated. We're out about $900 because of this, and we're both students. We haven't cancelled the automatic withdrawal, because we're worried that his credit will take a hit if we don't make payments.
What is our recourse if the gym decides they don't want to refund our money? There are apparently no recordings of the phone calls (because we're naive, and gave them the benefit of the doubt) and the manager can easily just lie. We can't afford a lawyer to take them to small claims court.
Please tell me there's some hope for us.
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How much hope there is depends a great deal on what state or country you live in.
As you mention, stopping payments it pretty much your best option, and yes, it might affect the credit rating.
You don't need a lawyer to go to small claims court in most places; you can just go as a private citizen but how much success you’ll have depends on the rules in your area. You'll need to Google them, or ask the Better Business Bureau or Consumer Protection Agency in your area that deals with gyms and sports clubs. Goggling the company you are having a problem with might also give you some guidance on how people with similar problems have been able to solve them.
It all depends on the rules in the place where you live, so you'll need to find those out first. Despite the trouble it might cause, I'd still advise you to stop payment on the withdrawals. If the gym runs this scam regularly, they probably won’t continue to come after you at that point.
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When you join the Gym they should of given you an agreement paper that had the signiture of the owner on it. If you still have this paper, Save it you are going to need it.
This is a case that you are going to have to take to court, Go to your local bank print up all the bank statement records take it with you.
If you can't afford a lawyer at this time, Look into getting a public defender they are free.
You could also go in person and speak to the manager, Better to record the conversation. More proof the better. Likewise, You are looking at pressing charges.
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