I joined Fitness One gym in 2006 , cancelled my membership in 2008 never using any of their gym locations due to personal family/health reasons. I never activated my membership at all. A month after the last payment of 2008 , I received a bill for an unexplained outstanding amount. Considering membership fee was monthly uninterupted preauthorized visa payments. Head office , was reached after several attempts , via email , phone messages they could not offer an explanation and never did . However , no further billings , phone calls or any communication or fee withdrawal occured . Two years later I get a letter from a collection agency saying I owed almost three hundred dollars. Once again phone calls to head office , emails , no responses and again that ended ..Fast forward to last week I get a phone call from head office saying I owed Seven hundred dollars and they would reduce it to $200 dollars if I gave my Visa card number and paid immediately. I called the Ministry of Consumer Services , the BBB of Canada ( they have several complaints against them just like mine) , I was told by the Ministry that the location that I am supposedley a member of is no longer operational ! news to me! They have refused to provide a detailed summary of this so called outstanding amount and refuse to answer an emails . I asked for an email attachment of the summary and they refused ! They asked for my mailing address ! are you joking I am supposed to be a member but they have no address of file ! How do i put an end to this !
What province is this please?
Ontario
Here is what is happening.The limitation period for suing in Ontario is two years from the time the claim is discovered.So they are too late to sue you.But, the law is that the limitation period can be restarted if you make a partial payment towards the debt or acknowledge the debt in writing.This collection agency knows the law and essentially is trying to trick you.So tell them you are not going to pay and that you do not want them to harass you again.If they continue to harass you then you can file a complaint with the Consumer Protection Branch and they could lose their licence.
by asking for a detailed summary and or explanation , would that be considered acknowledgement of the debt.?
NoYou were just trying to get to the bottom of this.But now you can say this is not your debt and you are done.
I told their office that I would continue to email them till i got a response , and to have a record of communication with them. Should I no longer continue emailing . Or should I ask for something in writing , although judging from other complaints that doesn't seem to make any difference.
I think you should writ them and say this not your debt as you do not owe any money.They can sue you if they wish but they may no longer contact you.If they do they know full well after getting this letter they are prohibited from contacting you again.
, thanks
You are very welcome.This will be easy to rectify. Take good care.
hopefully I can put an end to it .. once and for all !