Completely misleading enrollment

ComplaintsFitness CentersBally Fitness Center

Complaint

0
Pranjal Mahna
Country: United States
I signed in for the Ballys total fitness in culver city in Los Angeles. The person who was the incharge there (name: D. Contrera) told me that the contract will charge me 75$ enrollment and a monthly fee for a 3 year contract. In case I ever want to get out, I will have to pay 75$. The agreement says:
"Upon cancellation, buyer shall be liable only for that portion of the total contract payment, including initiation fee and all other charges, however denominated, that has been avaialble for the use by the member, based on pro-rata calculation over the term of the contract; the remaining portion of the contract payment shall be returned to the buyer."

D. Contrera (I think that was the name as the receipt suggests) told me that means that I am liable for the money that I will pay till the date I pay and the rest of the money will be paid to me.

I am filing a complaint against the small claims court and getting back to them. What else can I do to make sure that I am paid back my due? Has anyone else also faced this?

Comments

  • 0
    tj
    Be sure you terminate your membership in accordance with the terms of your contract.  It generally requires that termination be by notice in writing mailed to a particular address, and you had better send it certified return receipt requested, or they will claim they never got it.

    If there is some reason you need to assert to cancel, be sure to include that as per the contract, and keep copies of everything.  If you have any problems, contact your local district attorney immediately.

    One of their tactics is for employees to accept your "cancellation", say they will take care of it, but it just never seems to get cancelled.  Or 3 years later some debt collector is after you for an unpaid loan for the full membership period, while you haven't been using the facilities thinking you were no longer a member.  You then claim some employee cancelled it for you, but "they no longer work there".

    Their monthly membership payments are often actually payments on a loan that you supposedly took out when you signed your contract.  That way the "lender" can deny any responsibility for problems you had cancelling, and demand payment on your loan, while Bally's denies having any record of your cancellation, but they aren't the ones demanding payment.  Since they appear to usually use the same "lenders", they may actually be a related company set up just to pull this.
  • 0
    Pranjal Mahna
    Thanks TJ, This is very helpful. But looking at the writing of the contract, do I owe them money till the end of contract (12/2009)?
  • 0
    tj
    You might be wise to run this by a consumer attorney, or possibly find a law clinic in your area.  This company has been notorious for attempting to collect on the full amounts of contracts that consumers thougth they had cancelled.  

    You might also contact your state Attorney General.  They may have gotten in trouble in the past, and might be required to follow some consent agreement in settling a prior suit.  Some states have even passed legislation that applies to health clubs in particular, due to problems in this area.

    The language you quoted appears to indicate that when cancelled, remaining payments on the contract are not owed.  However, the devil may be in what you have to do to cancel, or for what reasons you can cancel.  That is where you need to beware, and be sure to do everything in writing with proof they received it, so in case you need to sue you can prove it to a judge.

    Note, I am NOT an attorney.

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