Hello all,
I just found this site and wish I would have found it sooner, just hope I'm in the right section of this forum.
First of all let me say I am 52 and have never had any credit problems what so ever.
I have always had excellent credit with score above 800. Here is my situation. Ill try to make it as short and uncomplicated as possible.
We have (Gym A) and (Gym B) and (Gym B's) Finance Co. here in my situation. In my research I find that the Finance Co. in question is the finance Co. for many Gym's
I joined a gym about a year ago that was in the process of remodeling and changing ownership (wasn’t aware of the ownership change at that time). I signed an electronic contract (on gym A's contract form). I negotiated a yearly $39.00 fee out of the contract. I handed over my charge card and he brought me back my card and a receipt for payment. He said the printers were down and to come back tomorrow to get a copy of the contract. I returned and called numerous times for about 2 weeks and spoke to this person and printers were still down. Then I called to speak to this person once again and was told he no longer works there. I left work and went to the gym and said I want a copy of my contract. They refused and said I had to pay the $39.00 fee. They laid down a paper contract (on gym A's contract form) with the fee in it. I signed it and then I canceled the contract per the fine print on the contract and within the 7 day cancellation period and geogia.gov with a CMRR. I contact my charge card company about the situation. They get my money back because the gym did not dispute it. I then consider this matter over.
A few weeks ago I receive a bill from the new (gyms B's) finance co. that I owe $39.00 plus a $5.00 late charge and I have 30 days to respond. On the bill there is a web site, myiclub.com that I can go to that has my account details. I go there, register and find what they say I owe and a copy the first electronic contract that I was denied by the gym. The $39.00 fee block is unchecked.
So I get on the Internet a start researching what to do and I send them this "Request for Debt Validation Letter" CMRR within the 30 days deadline on the bill.
Date: xx/xx/xxxx
From: Me
To: (Gym B's) Finance Co.
RE: Request for Debt Validation
To Whom It May Concern:
This letter is being sent to you in response to a notice sent to me, dated xx/xx/xxxx with Agreement #: xxxxxxx (I have included a copy of said notice). Be advised that this notice is being sent pursuant to FDCPA, Sec. 809(b). In accordance with federal and state law, the debtor hereby serves written notice that the above referenced debt is disputed, and that validation of the debt or a copy of a judgment, if any, should be provided to the debtor within 30 days of receipt of this request.
Please provide me with the following:
What the money you say I owe is for;
Explanation of why you say I owe this debt;
Copies of any papers that show I agreed to pay what you say I owe;
Copies of any documentation establishing that the debt you say I owe is valid;
Sincerely, Me
Bottom line the way I see it:
I have 2 contracts from (Gym A) which is no longer in business.
First contract signed has no mention of a $39.0 fee.
Second contract signed does have $39.00 fee but contract was canceled.
Disputed second contract with credit card co. and received membership cost back.
(Gym B) says I owe them money.
The bill I received is from (gym B).
I never have signed a contract from (gym B).
My question is.....what's next. I’m trying to run different scenarios through my head of what they will reply back with if anything and what to if they do reply.
I believe I have all the proof that I don’t owe anything but this is all new to me. I just want to be prepared for what's next. If and when I get a response back I will writhe back here with "What to do Part 2" for all of your opinions.
Thanks for taking the time to read my post.
