Twin Oaks Software development collection notice? Please help =(

[Anonymous]

Hi guys,

Sorry for the format and any typos in this post. Trying to type this out quickly on my phone. 

I've been a long time user of this forum but for some reason I was unable to log into my original account which I created years ago. I'm not sure what happened but it simply seems like the account doesn't exist anymore so I had to create a new one =(.

Anywho, when I originall started on MyFico my CS somewhere around 500~ (or less if that's possible), I just know it was really bad and after following everyones recommendations and instructions here I am now somewhere around 750! So thank you all very much.

Im writing this post today about a local gym membership I had signed up for about 2 years ago for myself and my son. We used the membership for a few months until my wife gave birth to our new born. I've tried canceling with this company and it seems impossible. I have physically went to the location and they were either closed or the person who deals with the cancellations "wasn't there", I called the business number and left several messages. The one time I was able to get through the owner's son answered the phone, I explained to him that we were still being billed and he said he'd take care of it. A few months later my wife told me our credit card was still being charged. We called the bank and they cancelled the credit card several times however for some reason payments were STILL coming out? Eventually on the third or fourth call to the bank they were able to put a stop to it. I am not sure how they were able to continue charging us after the initial call.  I also have text messages communicating with the son, asking him to either cancel or freeze the account which he replied to he would take care of.

Fast forward to today, I have a company by the name of Twin Oaks Software development sending me a debt collection notice and calling my cell phone saying I owe $450+. I tried explaining to them I am unable to reach anyone to cancel my membership and they said I would need to send a certified mail.. I explained to them the one time I was able to reach someone from the gym via phone they never mentioned this and simply said they would take care of my request.. she said I needed to fill out a form in order to cancel and I also explained that I could never reach anyone via phone or by going to the actual location. Basically, she recommended I  send in a certified mail with a request for cancellation but insisted that I would have to pay the balance at this point? 

I'm not even sure if they are a debt collection agency? It seems they handle the billing side of various Gym's accounts/customers. 

I just feel like they are doing this on purpose and intentionally making it impossible for people to cancel their membership and I want to get this resolved for myself and hope others around the neighborhood don't fall for it as well.

I would appreciate ANY help you guys can offer. Thank you.

-T

[Kree]

Cancelation depends upon your contract. You might have agreed to pay X additional months, or to pay cancelation fees. Generally gyms do require all cancelations to be in writing to a third party that handles billing.

Step one is check your signed agreement to see what you agreed to.

If the owner's son is authorized by the gym to make modifications to rental agreements, the exact terms of cancelation do not matter. If he agreed that you can cancel, you can cancel.   IN this case you would most likely need to resort to small claims court to get any alleged debt removed. At the same time, you can collect the wrongful payments made. Some states will allow you to sue for interest and inconvenience as well.

You might wish to consult a lawyer in these matters.

[Anonymous]

Kree,

Thank you for the reply, I really appreciate it.

When I spoke to Twin Oaks, the "collection agency" the lady said that I signed a contract stating I need to fill out a form to cancel. When I explained to her I could not reach anyone neither by phone or by going to the actual Gym, she said I hould have sent in a certified mail requesting cancellation. 

The son is usually at the Gym and handles sign ups, takes phone calls, etc however he is younger and I don't know if he's on any of the companie's documents. When I look up the companies name in the NYS database it shows one name which is the father and he's hardly ever there.

I have several text messages to his personal cell phone asking him 

"Did you tell your mom to put my account on hold?" and he replies "It's on Hold" 

Months later after I noticed we're still being billed the full price, I sent him another text asking him to provide me with his mothers conact number so I can speak to her directly as I couldn't reach her at the business's phone number, he simply replies he couldn't give me her contact information.  Will this hold any weight?

I have random messages throughout the year asking him about the account etc as we kept being billed EVER AFTER contacting our  bank more than once I am not sure how they were still getting payments.

I'm not sure WHERE to start here, it was so long ago I don't even know where the original contract is to be honest with you. The mother was SO nice when signing up, I am so upset I fell for this and it's getting frustrating.

[Anonymous]

Also, just a quick note. The account was never cancelled.... although I asked to have it placed on hold initially, and then when I noticed it was never placed on hold I just asked them to cancel it entirely. This was never done though, we were being billed the full price throughout the entire time.

The rep from Twin oaks mentioned that you have to fill out a form with the comany in order to cancel however I was unable to do this as their staff was just simply unreachable. 

The only thing I have are the various text messages to the son regarding our account, in which he did reply the account was on hold.

My main concern is the debt AND my credit report. I don't remember putting my social anywhere so I am hoping they at least report it to the CB.

[Kree]

Many gyms do have "in writing" clauses. So that isn't suprising.  However, any contract can be adjusted by consent of both parties. If the son works at the gym, and you had reasonable expectations that he had the authority to make contract determinations, then you could argue that the texts were sufficient notice of cancelation.

A judge might disagree. 

Also, never trust the words of collection agencies. They are legally allowed to lie about things. They just want to get money.

If you believe that you can prove that you were released from the contract and they disagree, then a lawsuit is your option.  The second option is to play by their rules, cancel formally in writting and pay the balance.

Few people report paid collections, as it isn't worth their time/effort to do so. You could also try a negotiated agreement, "I will pay the balance due if you agree to never report this to a credit reporting agency." You might also be able to negotiated a partial agreement "I will pay 50% of what you claim is owed if you agree that the debt is settled and to never report this to a credit reporting agency."  Whether they agree to the lesser amount or not is up to them.

I think though, that not only are you looking at this 400 dollars "past due", but realistically if you cancelled and they kept billing you, your 3-6 months of erroneous payments could be refunded through a lawsuit.  A discussion with a lawyer might be more beneficial as I am not properly educated to give legal advice.

[Anonymous]

Makes sense. I contacted the State Attorney General's office a few minutes ago and they forwarded me to a department that can check if the debt collector is registered in my state to collect debt/conduct business. She couldn't find the name of the debt collector (which is on the header of the notice I recieved) as a registered business in my state. They are based out of another state. On my credit caard statements the name of the Gym shows up however I don't think the Gym handles the billing. It looks like this "debt collector" company handles their billing and when a client doesn't pay, they reach out the client as well to collect the debt.

The person I am talking to on the phone confirmed that the Gym is a registered business in my state however the company contacting me to collect this debt isn't.

Does this sound right to you? I read somewhere that I can send a debt validation letter? Would that help anything in this situation? 

Thanks again, much appreciated!

[Kree]

Hopefully someone else can chime in. I do not know.

As for debt validation letter, they are only useable within the first 30 days of receipt of a dunnings notice.

Did they send you a letter explaining your rights as an alleged debtor? IF they didn't within 5 days of first contact they are breaknig the law.

If they did, and its been less than 30 days, send them a validation letter. Might not help, but it can't hurt.

[JVille]

Send a registered letter to Both the Gym (owners name) and the “so called” collection agency. Make the letter brief and polite but factual, listing the dates of the numerous attempts by phone and in person to cancel. Show copies of screen shots with owners son as an attachment also attempting to cancel. State that at NO Time were you ever advised of any other option or requirement to cancel in writing.

Finish the letter by stating in spite of cancelling on X Date they continued to withdraw funds without authorization from your acct after that date. That you have contacted the State Attorney Generals Office in regards to this collection action (give your contact name & phone).
Thank them for there time and that you consider the matter closed and the account closed also.
This is just my opinion but maybe this will make this go away. Good luck!

Remember super important to be polite and make no threats.