Could they send me to collections?

[Anonymous]

I had a gym membership - and long story short I cancelled; they said no I didn't and charged me for months and months after. He said she said goes on...

I recently get a call saying I'll be sent to collections If I do not pay. But could they send me without my social security number or address ? I love paying my debts but what they're doing is not right and I will not pay for a service I was not given.

[Kutuzov]

They can do whatever they want, but that doesn't make it legal. File a complaint with your General Attorney office, that they are charging you for services not provided, and also for extortion, by using your credit as a means to get paid on something you shouldn't be charged for. If your AG office does nothing, consult a consumer attorney.

[StartingOver10]

Did you sign some sort of contract or membership plan? That would make a difference. Check your paperwork so you have all your ducks in a row before you report them.

[Kutuzov]

Definitely check the terms of the agreement, but if they charged for months before billing there's something fishy to say the least. Normally if you don't pay for a service it's cancelled after x time that in most cases is two months not indefinitely. That makes me think they are just squishing the OP.

[Anonymous]

Yes, they can. It happened to me. I forgot to cancel my gym membership with them as I was moving to another county. Months passed without receiving calls or bill in the mail collection showed on my TU. Im glad too that it did not show to all CB. I'm currently disputing the collection as I didn't get any calls or mail. I called the collection company and paid it in full but they cannot delete the collection, they said only the original lender who can request to delete it for me. . 

[Anonymous]

Hmm but that's weird only with my name they can send me to collections? I'm sure there are others with my name variation

[Anonymous]

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@Anonymous wrote:

Yes, they can. It happened to me. I forgot to cancel my gym membership with them as I was moving to another county. Months passed without receiving calls or bill in the mail collection showed on my TU. Im glad too that it did not show to all CB. I'm currently disputing the collection as I didn't get any calls or mail. I called the collection company and paid it in full but they cannot delete the collection, they said only the original lender who can request to delete it for me. . 

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Just fyi, CAs lie constantly.  They can request deletion from CRAs, same as any OC would, they just won't.

[Erick12]

They don't need your social security number to send you to collections. Are they going to report it on your credit report? I don't know, they or the CA will have to get enough info to figure it out. That can be done without a SS#. Do they have your address? Phone number? Some other information?

[Anonymous]

If the gym has no street address for you at all, it would be challenging for them to place a collection on your credit report. Sure they could report, but the bureaus might put the info into a new, separate file that your other creditors would never see; a split credit file.

However, if the CA has an old address that you once lived at (and/or supplied to other creditors), then it's a cinch for the bureaus to match it up, and would likely show on your credit reports.

On an aside, these horror stories are all too common with gyms. I always mention the hazards of gym memberships, including so-called trials, to friends who consider it. However, if they're committed to sticking with a program, understand they're committed for upwards of a year or two whether they use it not, and can afford to spend a few hundred dollars minimum for service they may never fully use (such contracts tend to be convoluted with clauses to make cancelling expensive in itself), then go for it. Otherwise, steer clear and seek out other workout options.

Getting back to the CA, in my view, avoid talking with them; screen your calls / hang up immediately. Eventually, they'll likely go away to easier pickings. If a collection does appear, then dispute it in writing. Don't try to negotiate / reason with debt collectors. It's an effort in futility.

Alternatively, if you want to play it safe, though not an iron-clad guarantee, you could simply contact the CA and pay the amount in full and be done with it before they report it. Odds are very good they won't report the collection after it's been paid already.

[Anonymous]

Most gyms won't let your terminate without a penalty. If you terminate mid-membership and have proof of payment of the penalty to break the contract, you should be able to dispute the charges. If you have no writing showing that the membership is terminated and the written contract you signed shows an agreement to pay indefinitely, then you are likely going to loose any dispute. Always get it in writing when you terminate any recurring charge. It protects you in situations like this. 

If you don't have it in writing, I usually don't bother contesting. If you don't pay it might end up in your report. If it is a sizeable amount and worth my time, I might pay under protest and try my luck in small claims court to get the money back. But for me small claims is rarely worth my time, but for you it might be.  If you take it to court you have the same issue with proof of termination. No writing might make it hard to win. But at least the consequence of losing is just forfeiting the money you paid and not a ding on your credit report. With that said, I am very protective of my credit and the score is more valuable to me than a few hundred or even a few thousand dollars. 

You could always try complaining to the BBB, etc. But it is not likely to do much. A negative review on yelp/social media might be worth your time as well. In the future, always get confirmations of cancelation in writing. I scan and save these copies on my computer and back them up. I can always retrieve them in the future if I need them. With proper documentation, you could even threaten to sue for damages if they (gym/CA) fail to correct the mistaken report quickly.