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mattjstead

Gym Incorrect Billing after Transfer

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Hello,

 My name is M****** and here is my problem.

 

In May of 2013, I moved from College Station, Texas to the Dallas/Ft.Worth area. I had a gym membership in College Station and wanted to transfer my membership to the Garland, Texas location. I went to the Garland location and explained that I had a membership but needed to change my home gym to Garland, Texas. The lady said that was no problem and took me and filled out the paper work to transfer the membership (or so I thought). 

 

In January of 2015, I decided to cancel myembership in Garland, Texas. I noticed on my billing statement that I had a charge from the gym, but not from Garland, but from College Station. I began looking back into my files and statements and come to find out, my account was never transferred from College Station, Texas. I have continually been billed since May of 2013 to the extent of over $800. 

 

I contacted both gyms and have been informed (now) that the College Station, Texas location is a "Corporate" owned gym. And the Garland, Texas location is a "Franchise" gym. I have spent hour on the customer service phone line attempting to explain that there are two things wrong, only to be told two things. (A) It was my responsibility to cancel my membership in College Station (I was never once even remotely told this. I was told everything was transferred). And that ( B) in the contract I signed in College Station, it states that there is a 90 day time-frame to dispute a charge after a membership has been cancelled. So here is my problem:

 

(A) I was incorrectly told (lied to) by the gym in Garland, Texas that it was possible to transfer my membership from College Station, Texas to Garland, Texas. I was never given a form, a piece of paper, or anything explaining how to go about cancelling my other membership, it was strictly told to me that the transfer was done. 

 

( B) The gym's corporate office continues to state the "90 Day Clause" of wrongful billing, but it was gym who dropped the ball and did not cancel the membership in College Station. I have even said that I would be willing to just take the amount for the past 90 days only to be told that those charges were not incorrect because the account was never cancelled (again, at the fault of the gym). 

 

© I am now being told that the gym does not do transfers, and mind you this was not even spoken of until the 5th time I called them, and it seemed they are trying to back peddle. 

 

The ending statement is that the gym of Garland, Texas and College Station, Texas dropped the ball. Somewhere between the two, something was not done at the expense of me, and I am told that I will NOT get a refund, period. And, to top it all off, my membership agreement doesn't even have MY signature, it has my wife's signature. She has her own membership agreement, and hers does have her signature, mine does not, it has hers. 

 

What do I need to do to pursue this? This is wrong, underhanded, and shady, and I need to be reimbursed for their wrong doing that comes to over $800 in charges. 

 

Thank You, 

M*****

Edited by Findlaw_JN
Edited to remove personal or identifying information. - Moderator

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Well, obviously, your remedy is to sue in small claims court for your money back.

 

But before you do that I suggest that you actually read your contract with the College Station gym to see what it says about cancellation and/or transfer.

 

The lack of your signature on the contract is likely to be irrelevant because you accepted the terms of the contract by accepting the membership to the gym. I think you long ago waived any objection to the contract not having your signature.

 

Frankly, I don't think you have a prayer of winning against the College Station gym.

 

As for the gym in DFW I suggest you read that contract, too, and you'll probably see that it says nothing about a transfer of membership. It's likely a contract for a new membership and nobody at the Gym will ever admit to telling you the transfer was done and I suspect you don't have anything in writing that it was a transfer, right?

 

Sorry to have to paint such a bleak picture but your situation makes a good argument for reading and understanding the contracts you get into.

Edited by Findlaw_JN
Edited to remove personal or identifying information. - Moderator

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Hi Matt,

 

Like adjusterjack said, you're free to try suing the gym in small claims court (in Texas it's called Justice Court). Unlike other states, Texas allows you to have an attorney represent you in court. So even if you decide not to have the lawyer represent you in court, you may want to discuss the situation with a local attorney to determine the strength of your claim. You can find Texas attorneys in your area by searching FindLaw's lawyer directory. If you decide to go forward with you claim, take a look at this helpful FindLaw blog post for information on how to prepare for small claims court -- and what to expect when you get there:

 

Good luck!

 

The FindLaw.com Team

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