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I sign a contract with gold gym.they told me i have 5 day to cancel and it never happand.
Anonymous2 views2 answers
i came after 2 day to cancel they sigh on the paper that i cancel and they never cancel.i never go to the gym and on the contract say u have 5 day to cancel. they go after me until today 2 yaer past. they charch me 4 month until i chanch the card. they put it on my crdit. and now they send a law office after me.(maybe they sale it for omeone)i dont know what to do.its past 2 or 3 year and i lost the paper with the sigh for cancel.
If you have no proof of your cancellation of this contract, you should at least have your bank records and your dispute of those bank charges to document their continued charges after your cancellation. If you're not able to argue them out of their collection attempts, you may have to hire a lawyer for help.
You also need to dispute any erroneous entries on your credit report, which you can do using the instructions at the end of your credit report, which you can get for free at www.annualcreditreport.com.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Gym membership issues arise regularly on .com, so you are not alone with a problem. The law that protects consumers from heavy handed contacts with a gym (which the law describes as a "Health Studio") is found at Cal. Civil Code Sections 1812.80 to 1812.98. The statute requires the contract be in writing and contain certain disclosures, including your right to cancel within five business days. It says that you must mail or deliver (or telegram) a signed and dated notice to the address on the contract (probably the address of the gym, but perhaps an office address for the company). If you don't do this correctly and have proof of delivery and a copy, they may argue that you did not comply so the contract was not canceled.
The statute gives lots of other reasons for you to cancel, but your facts did not indicate any of them, such as a reduction in the scope of the facilities or your disability or moving more than 25 miles from the gym, without being able to transfer membership. You should have kept that paper at least four years from the date you canceled your payments, since four years is the statute of limitations period for breach of a written contract. Now you must hope they kept the copy of the paper you delivered, and I doubt they did.
You should also dispute this letter from the attorney. Below are sample letters that you can use to dispute a debt. See my sample letter 1.1, which is to have the collector (the lawyer is also acting as a debt collector) if sent within 30 days of receiving the initial collection letter from them. If it has been more than 30 days, you should not use letter 1.1, but you should use letter 1.2 and explain that you delivered the notice of cancellation within two days of the contract. Please have someone help you prepare the letter and ensure that it is typed correctly and clear. Send it by certified mail and get a return receipt and keep a copy in your files.
If this is a California lawyer, he or she will probably sue you and you need to start keeping a file on this matter. You should then retain a lawyer to help defend you from the lawsuit and avoid a judgment against you for the full balance and legal fees and court costs.