I Fit Gym
Added on -, by Reviewer466205
Review: In December 2013, I went to the I Fit Gym and signed up for membership, I was never told that there was a contract, nor was I told that there was 3rd party billing and to cancel, all I had to do was give them 30 day notice. In January, I paid 3 months in advance, but by late February, I knew that I was not going to continue. I went to the gym in early March and informed the person that signed me up that I did not want to continue and to cancel my membership. This is when I was informed that I had to put it in writing. Which I did and took it to them and they refused to accept it, and told me that it had to be certified/return requested mail. So I took it to them with the card to sign and again they refused, and said it had to go through the post office. I told them that I was not going to pay $6.48 to go across town. I handed them the membership tag and said I would not return and asked for the corporate office phone number and was given the number for ABC Financial. I called and informed them of the situation and was again told that I had to send in writing a certified/return requested letter and that if I did not comply, I would be sent to collections. I again informed them that I was not supporting the post office. The so called "contract" was emailed to me which I reviewed (after the fact), I was not given this at the time of applying for membership nor was told that it was a contract. I emailed the gym and ABC Financial that I was cancelling my membership in the same fashion that they sent me the membership and that I would pay nothing more. I have now received 2 phone calls, at my job, from ABC Financial telling me that I need to update my billing information. When the information was being entered on this little box at their entrance, I told her that I was not comfortable with giving my bank information and she used a prepaid card and entered it into the space. It was not mine and I do not know who it belonged to. I feel now that I am being harassed and threatened.Desired Settlement: I simply want the membership cancelled and I also want to make sure that nothing derogatory shows up on my credit bureau report.
MESSAGE FROM BUSINESS:
We are very sad to see you leave us. First and foremost we
would like to thank you for your membership here at I Fit
Burleson. Procedure for cancellation is a few simple steps. Per
the tern1s of your agreement, REQUIRED 30 day advanced
written cancellation request letter sent by CERTIFIED MAIL,
to the address below. Member must be current on dues and is
responsible for any payments that fall within the thirty-day's.
The postmark date of the certified letter starts the thirty days.
The certified return is your receipt to retain for your records
and for your financial protection.
If you look at the contract that they have enclosed in their response, you will see that there is no date noted for second payments to schedule. Also, on the Automatic Renewal Program, that little box was filled in after my complaint, and there is no amount for monthly dues noted on that portion of the contract either. There is not even an amount anywhere as to what will be due, or when.
In closing, they never gave me a copy of the contract (this was all done with their electronic system). The contract states: 6. SEVERABILITY: If any part of this contract shall be held invalid, that part shall be deemed excluded from this contract and the remainder of the contract shall remain in force and affect. (Not filling in the blanks before a customer signs is not legal. Then trying to hold them to a contract with blank spaces is not valid.
I cannot respond to phone calls, which I want stopped immediately, because it is only a recording. I will turn them over to the FCC, if necessary.
For whatever reason. the website would not allow me to send the information that I wished to send, so I
just sent the small amount that I sent to you with the intention of sending an addition, but it would not
allow me to do. Then had to go out of town, so now have a few minutes to send what I need to send to
First and foremost, I will not give them any more money. They are now emailing me a bill on the carc:t
that they are fully aware is not mine. Please see attached copy of emails. If they file derogatory
Information to the credit bureau, I will have no other recourse than to file a lawsuit.
Second, they are continuing to call my place of business and in their "notes" it states not to call. And
the calls are becoming more frequent: Dates and times of calls are: 5/9 (did not keep the time), 5/19@
3:04pm, 5/23@ 10:48am, 5/28@ 4:52pm, 6/3 @ 4:20pm, 6/9@ 4:13pm, 6/13@ 12:04pm, 6/17 @
12:06pm, 6/18@ 2?41pm, and 6/23@ 4:08pm (the last 4, the recording says it will be the last contact).
I will, today or tomorrow, file a complaint with the FCC
They have broken the law by altering the agreement after the fact, which by law rnakes the agreement
null and void. Had I known and been informed that I would be eternally attached to this company, I
would have left immediately and not done any business with them. They were not forthcoming on any
information and I was simply told to sign here and here and initial here, here, and here. As for the
cancellation requirements, the person who signed me up only said that I need give a 30 day notice,
which I did, or tried to do and was declined. I can see that if I had tried to do it over the phone and
could not be certain that it was me that they would decline, however, I went in person and they refused
to take my written request tor cancellation. And not just on one occasion, but 3 times. Not once did she
say that it had to be in writing and especially not that it had to be certified with return receipt until I
showed up to cancel on the 3rd occasion. So this has gotten to the ridiculous state, they are wrong and
know it, and I want this agreement not only cancelled, but the credil card they are using removed from
my information and also the balance removed completely. I am not asking for any monetary
compensation of any kind, I simply want the requested cancellation to take effect on the date of my first
request, which is more than the required 30 day notice.
Thank you so much for your help In this matter.
I have reviewed the response made by the business in reference to complaint ID********* and have determined that this does not resolve my dispute. For your reference, details of the offer I reviewed appear below.
Please note by the attached contract that they emailed me, they are not being truthful. Since they added information after the fact, and it is not even my credit card, the contract is null and void.