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Dwayne B.
Dwayne B., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 32362
Experience:  Practicing for over 20 years and handled many cases and trials for consumers.
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I have a gym membership which i cancelled, sent a certified

Customer Question

I have a gym membership which i cancelled, sent a certified letter in the mail per cancellation procedures, and six months a collections agency is calling me stating i owe six months of membership. i have never received contact from the gym prior to this call.
the gym is synergy fitness
Submitted: 1 year ago.
Category: Consumer Protection Law
Customer: replied 1 year ago.
also, the collections agency started me saying i owed $320 and then tried to hustle down to $280 and then $220 dollars because i feel like its unfair for me to pay any of it since i did the right thing. i was out of contract, and I left to go to the FDNY Fire Fighter Academy. i didn't use the gym once.
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

I read your facts, is there a specific question with which I could assist?

Customer: replied 1 year ago.
How can I dispute this collections? I've paid all of my membership months for three years and when it comes to cancellation, things disappear in the gym so they can get more money out of me. Do they have to show proof they attempted to contact me before going to collections to sue? i don't want this in my credit report, and i don't want to be scammed out of $320
Customer: replied 1 year ago.
also is there a way to see how many other people are having the same issue with synergy fitness clubs to see if there's mass fraud and that its just not me?
Expert:  Dwayne B. replied 1 year ago.

No, they don't have to show proof that they tried to contact you before turning it over to the collections agency.

You have a couple of choices. If you want to be re-active then you wait until they sue you and you counter-sue. However, the problem with doing it that way is it hurts your credit in the meantime.

If you want to be pro-active then you file a lawsuit seeking a declaratory judgment from the judge stating that you don't owe any money and that the contract was rescinded pursuant to the terms of the contract when you sent the notice letter. While you can certainly try and do it yourself, a declaratory judgment action is actually pretty complicated so you may want to talk to a lawyer and get a price and then see which direction you want to go.

Customer: replied 1 year ago.
i would like to thank you for your timely responses. i just would like to respectfully ***** ***** refund. i was expecting more in depth elaborate advice for what i payed. the answers i received, i pulled straight off google myself. it also feels like i just have to keep paying more for the answer i should've received in the beginning. thank you again for your timely response, but for the payment, I'm dissatisfied because i found all of this out on a google search for free.