Dispute duplicate Gym Membership

[mamahearts]

I am disputing duplicate gym membership fees.  Do you think my chances are any good to get refunded? 

My husband and I signed up for a joint membership at our gym in July 2009.  I had a previous gym membership there in 2007 which I cancelled in 2008.  I no longer have the cancellation form.  We lived at a different address 2007-2008 from the address we're living in now and re-enrolled in 2009. 

As we're cleaning up our accounts, we were looking through our bank statements and noticed that we're being billed for 2 separate accounts both paid from the same checking account, one for me and one for my husband and myself.    I called the gym business office and the rep told me they never cancelled my old membership and didn't know that I was the same person on the joint membership.  So we've been billed an additional monthly membership fee since 2008. 

I am disputing the fees billed since we enrolled on the joint account in July 2009 rather than from the time I cancelled as I no longer have proof that I cancelled the membership.  I would like to get it all back, but considering that when I signed up the intake form had my name, DOB and again the same billing checking account to enroll they should have realized that they had an additional account for me.  Thanks for your advice!

[llecs]

For clarity, are you listed on the new gym application? Do you have a copy of the app?

[mamahearts]

I am and I do!

[llecs]

Therefore you can prove that you had two gym memberships for you at the same time. Any manager in their right mind (not everyone is that sane though) would understand that any reasonable person wouldn't join the gym twice for the exact same service. I'd argue with them that you enhanced your busine$$ with them by adding your DH. I think if you sat down with the owner or the upper crust, you could get it refunded. Legally I don't know the answer. I guess it would depend on the agreement's language. If they are still adamant about no refunds, you can always put some heat on them via the BBB.

ETA...also check the terms to see if there's a finite amount of time you can make a claim for a refund.

[mamahearts]

The manager said that they show we only cancelled my husband's membership in 2008 and that I didn't cancel my membership.  But we enrolled and cancelled and re-enrolled at the same time. 

So then when he (we) re-enrolled in 2009 in a joint membership they didn't notice that I was already a member because I had a new address.    I explained about them having my name, my DOB, my doctor's name, my checking account on both intake forms and asked if that info is entered in the computer she said they go by their paper records that they keep in the filing cabinets.  There's a filing cabinet for active members and one for cancelled memberships and only my husband was in the cancelled memberships cabinet. 

She said she couldn't do anything about it because I have two active memberships.  I explained again that I don't need or want 2 memberships and that I only re-enrolled in 2009 because I cancelled in 2008 and would like her to refund the $14.98 I've been paying for the single membership while I was enrolled with a joint membership starting in July 2009. 

She said she couldn't do that because I'm responsible for both memberships.  I asked to speak to her manager who of course was not in the office today and she'll have her call me back tomorrow at noon.

[mamahearts]

Update: 

The same manager just called me back and they are going to refund $434.00!

[llecs]

Awesome!

[mamahearts]

I'm super happy!