Wrongful collection for compel fitness

[MsTucker09]

Hello everyone. So I received a collection notice about a personal training membership I signed up for last summer. It was a one year membership. The only way it could be cancelled is for medical reasons And they would cancel it one month after notification from MD  So around three weeks after I initiated the contract I had an injury that rendered me unable to be able to work out. Even now I'm under doctors orders of no strenuous activity. So I gave the letter to the trainer at the gym and she said she would fax it over. So they took the one months charges out my acct and I had to get a new card because mine was stolen. This was August now they are saying I owe them $1500 for the entire contract. Should I send a debt verification letter or what my next step is. Because technically I don't owe them any money. I just want to resolve this. Any input is appreciated. Thanks

[RobertEG]

You can send the debt collector a request for debt verification, which will invoke a cease collection bar on them provided you are still within the 30 day window from their dunning notice.  If timely, it will prevent reporting of the collection until such time as they provide debt verification.

However, debt verification on their part requires only that they obtain verification from the creditor, and pass that on to the consumer.  It does not require them to document the debt, and wont result in a determination of who is right or wrong.  It appears from your history with the creditor that debt verification will likely come from their debt collector.  Resolving the legality of the debt requires getting the issue before a third party who has authority to compel both sides to produce their documentation, and interpret the contract. 

Send a DV to get the temporary cease reporting bar, but dont anticipate that it will resolve your issue.

You can bring civil action yourself if convinced that your interpretation of the contract will prevail, or wait for their next step.

[MsTucker09]

thank you so much