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OC never contacted me, debt from 12/09

Valued Member

OC never contacted me, debt from 12/09

I had a listing of BPHG show up on my CR.  It reported in 06/12 with the debt listed from 12/09.  I found out that it was Baily's Powerhouse Gym.  I was a member, but left in good standing, well, I was pissed at them.  They kept not billing my CC then telling me I didn't pay.  The account was on auto-pay, so I found it frustrating.  I would get stopped at the desk, they would apologize profusely but I had to call in the payment, they couldn't take it at the club. 


My question is, by never contacting me, did they violate a law, as the OC?  They never sold the debt and still have it.  I was going to write them a letter, but the person that helped me identify the company said they are a royal pain to deal with.  I figure if I have some leverage, it may help me get this removed.



Message 1 of 4
Moderator Emeritus

Re: OC never contacted me, debt from 12/09

There isn't a law requiring them to contact you. They can choose when, or whether to collect. What does your contract say? Maybe you were on a month-to-month by that point?

Message 2 of 4
Community Leader
Legendary Contributor

Re: OC never contacted me, debt from 12/09


However, if you have a billing issue, you may have recourse to the separate dispute process under the Fair Credit Billing Act (FCBA), which entitles you to file a dispute with a creditor over their billing activities. 


Did they send you a bill for the debt they are now reporting as having been delinquent?


Message 3 of 4
Valued Member

Re: OC never contacted me, debt from 12/09

They have never sent me a bill or called me.  I just found out who they are so I am wondering if I should try getting them removed through the CRAs or contact them.  My contract was set dates and didn't go month to month. 

Message 4 of 4