cancel
Showing results for 
Search instead for 
Did you mean: 

I need good "request to validate" letter please.

tag
Anonymous
Not applicable

Re: I need good "request to validate" letter please.

What you say makes sense but I've already tried to talk to the gym owner a year ago but, if you read and really understood my first post you know what kind of people and organization I'm dealing with here. I wont lower myself to talk to them again.

If I called any one it would be the finance co. but I'm still not paying them a single penny.

 

I don't even have a complaint about nothing here. Im just not paying money that I don't owe.

 

Technically I don't even have a membership to this gym.

 

I don't have a problem sending them a "drop dead" or "I don't owe you money, go to h*ll letter" but I thought there might be a formal way to word it like a DV letter. That's all I'm trying to find out here. What do I write after they failed to Validate the debt they.

 

Surely I don't send them another Request for DV letter.

 

 

What does AG stand for.

Message 21 of 32
hoping2rebuild
Established Contributor

Re: I need good "request to validate" letter please.


@Anonymous wrote:

What does AG stand for.



Attorney General.


Starting Score: 377EQ/350EX/400TU As of 11/2011
Current Score: 620EQ/614EX/612TU As of 01/2013
Goal Score: 700+ across the boards
Message 22 of 32
llecs
Moderator Emeritus

Re: I need good "request to validate" letter please.

Go back to the original Golds Gym contract. Is there a mention in there of "assignment" whereby this new contract legally is enforcable under the new owner?

 

For example, if you have a CC, let's say with WaMu, and Chase comes along and buys them as they did a few years ago, there was an assignment clause in the agreement that meant the new owner, Chase, owns the debt. CC-holders can't decide not to pay it. They still owe it with the new lender despite not having any agreement with that new owner.

 

The monthly fee doesn't have to be included into the contact. I have a gym membership and it certainly isn't in there. Over the past 5 years, there were at least three rate increases. However, my contract states they have to give notice of an increase.

 

How long was your contract with the old gym? Maybe the contract expired and is now month-to-month and you could cancel anyway.

 

Did you set foot in this new gym ever? (aside from any billing disputes)

 

If there's no CA involved here, you can't ask for validation via a DV, since that is reserved via the FDCPA for CAs only. Your DV wouldn't have any teeth.

 

If all else fails, tell them to sue you and duke it out in court. If the judge rules in your favor, then counter for the credit ding and malicious prosecution. IMO, BBB isn't effective for disputes, but it could get them thinking. If they are a big finance company, then they've probably been around the block with the BBB complaints.

 

Without knowing more, if your contract with Golds specifically included an assignment provision, and the old contract continued under new management, then you are on the hook for the remainder of the contract period. And no, they can't issue a new contract voiding the old unless you agreed to use their services (hence the question on gym visitation). And the price doesn't have to be on there either.

 

 

 

 

Message 23 of 32
hoping2rebuild
Established Contributor

Re: I need good "request to validate" letter please.

If I am not mistaken she did say that she cancelled the origional  by the 7th day as required by the contract

 

I would think that if she still has a copy of her cancellation that would be sufficent to tell them to

 

take a hike.


Starting Score: 377EQ/350EX/400TU As of 11/2011
Current Score: 620EQ/614EX/612TU As of 01/2013
Goal Score: 700+ across the boards
Message 24 of 32
anytimejoe
Member

Re: I need good "request to validate" letter please.

A lot of Gold's Gyms are franchises so you could probably contact their corporate office.


Starting Score: 545
Current Score: 591
Goal Score: 680


Take the FICO Fitness Challenge
Message 25 of 32
Anonymous
Not applicable

Re: I need good "request to validate" letter please.

llecs:

Even though that is something for me to consider, Right off hand I don't see "

assignment" whereby this new contract legally is enforcable under the new owner.

But that's really not what I am getting at here. What I am saying is that nowhere have I ever  "agreed to" or "signed" to pay $39.00, Period.

 

I will be posting a shorter version of events and hopefully you all can understand and see the picture more clearly here. I know this sounds complicated but it really not once you see the big picture.

 

And I want everyone to know its not Gold's Gym that's the problem here, its not even gold's anymore, its under a different name now. I belonged to Gold's for the previous years without a problem. Its the new ownership that's the problem here.

 

Its hard to believe that the new ownership has lost a good customer over this.

Message 26 of 32
llecs
Moderator Emeritus

Re: I need good "request to validate" letter please.


@Anonymous wrote:

llecs:

Even though that is something for me to consider, Right off hand I don't see "

assignment" whereby this new contract legally is enforcable under the new owner.

But that's really not what I am getting at here. What I am saying is that nowhere have I ever  "agreed to" or "signed" to pay $39.00, Period.



If there's no assignment clause or anything relating to ownership of the gym in terms of the customer in the original Gold's gym contract, then you should be in the clear with this new owner. Have them sue and it'll be dismissed. The ball is in their court and there's not much you can do before then other than to file complaints with the BBB, AG, your state's consumer agencies, etc.

 

Do you see where I'm getting at though with the assignment? Next year, Capital One will have taken over HSBC accounts in the USA. I have a Best Buy card backed by HSBC. Next year, it will be backed by CapOne. I've never signed any agreement with CapOne for my Best Buy card. Right now my balance is $300 on the card. If they take over January 1 as an example, then does that mean the debt is cancelled on January 1 just because HSBC no longer backs the CC? Heck no! I then owe CapOne. There's an assignment clause that allows CapOne to collect on any debt I had previously with HSBC. I don't have to agree to it with CapOne, it's been decided for me.

 

 

Message 27 of 32
Anonymous
Not applicable

Re: I need good "request to validate" letter please.

Ive looked and I don't see assignment clause but ill keep looking.

I have a friend that goes to that gym and signed a gold's gym contract about the time I did and the ownership at the gym are trying to get him to sign a new contract with them with the enhancement fee in it.

 

Im getting ready to post a simplified version of event of my situation, hopefully you can understand whats going on here.

Message 28 of 32
Anonymous
Not applicable

Re: I need good "request to validate" letter please.

 
Message 29 of 32
Anonymous
Not applicable

Re: I need good "request to validate" letter please.

Ok People, here is hopefully a simplified version of my situation, I do not know another way to put it.

 

About a year ago:

 

1. A year ago I walk into Gold’ Gym and sign an electronic contract for a 3-year membership for $300 and SPECIFICALLY NEGOTIATED OUT the yearly enhancement fee. The new managment were in there and where the ones that where using Gold's contracts at that time.

(Enhancement fee = maintain the gym, equipment, in other words a BOGUS FEE to get more money out of you).

 

2.  I do not get copy of contract because I was told the printers are down. (I know, I know I should not have left without contract but I trusted them.)

 

3.  I try to get a copy of my contract for 2 weeks but printers are SUPPOSEDLY still down.

 

4.  After about to 2 weeks I walk and ask for the employee I dealt with to get a copy of my contract, and I am told that he that he no longer works there.

 

5.  I talk to the owner (who gets visibly upset) and she REFUSES to give me a copy of my contract when she looks in the computer and sees that the $39.00 enhancement fee is not in the contract.

 

6.  She has me sign another (paper) contract with a $39.99 fee in it.

 

7   I then leave, go home and cancel the (paper) contract I just signed CMRR within the time period.

 

8.  I contact my charge card company, explain the situation, send a copy of the cancelation letter, copy of contract and copies of CMRR, dispute the charge (because I have 60 days to do so with my credit card) and they got my $300.00 back because gym had so many days to dispute the charge back by my credit card co. and didn’t

 

9.  I now consider myself no longer a member, after all the gym had 60 days to dispute the charge back by my credit card co. and didn’t and I receive my $300.00 membership  cost back.

 

Fast forward to now:

10.  A few weeks ago I receive a bill from the gym's FINANCE CO. for $39. + $5.00 late charge.

 

11.  The letter gives me 30 days to respond/dispute or they will assume the charge is mine.

 

12.  On the top right of the bill I see a website I can go to for account details (myiclubonline.com). I register to the site to see what’s there and I find the FIRST electronic contract that was denied me in the beginning, even though I remember an NA being put in the enchantment fee line it is now blank, the enhancement fee line is unchecked, blank, nothing there.

 

13.  I send a REQUEST FOR VALIDATION LETTER to the address on the bill, the FINANCE Co’s address.

 

14.  In response to my DV letter the FINANCE CO. sends me a copy of the electronic contract that was denied to me in the beginning and, the enhancement line is unchecked, blank, not initialed, nothing, and another bill with 30 days to respond/dispute or they will assume the charge is mine.

 

15.  Keep in mind there is two contracts out there, I was not sure which one they would send if any. I consider myself covered with the electronic contract  they sent because there is no mention of a $39.00 fee in it. If they had sent the second paper contract, I would have been covered because it was canceled by me.

 

Here is the Enhancement fee paragraph, as it appears on the contract they sent to me…NOTICE THAT LINES ARE BLANK.

 CLUB ENHANCEMENT FEE: Amount $59.00 to be charged to each member.

The purpose of the annual Club Enhancement Fee is to maintain the

equipment and services provided for the facilities. This fee will be collected

 on _______ of every year.

Members Initials_________

 

On the second (paper) contract, it is $39.99.

 

Keep in mind I am at #14 now…I want to know what I write them now.

Message 30 of 32
Advertiser Disclosure: The offers that appear on this site are from third party advertisers from whom FICO receives compensation.