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Ray, Lawyer
Category: Legal
Satisfied Customers: 33703
Experience:  29 years in civil, probate, real estate, elder law
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To whom it may concern, I signed up for a three month membership

Resolved Question:

To whom it may concern,
I signed up for a three month membership at a local salsa studio in San Diego, Ca. On my contract I elected to pay for three months up front and authorized them to charge my credit card. They had a monthly pay option, but I only wanted to take a class that lasted ~2 months. After my initial 3 month membership was up, they attempted to charge me again. It did not go through because that card expired, but they are threatening to send me to collections. The contract states that they require a 30 written notice of membership termination. In my opionion My initial contract was a 90 written notice of termination. I did not find any statement in the contract that said the 3 month option automaticly rooled into the monthly option. So my questions are:

1) Do I have to pay?

2) What can I do (other than dispute the charge) if they do send this to collections?

3) If they insist they I have to pay, how should I resolve this?
Submitted: 6 years ago.
Category: Legal
Expert:  Ray replied 6 years ago.
Thanks for your question Lets go through them here.

1. Really it depends on the terms of the contract you signed. I kind of think they are reaching here because the card expired. I am not sure you owe here. You are correct to request verification in writing of any such requirement. If they can show it to you maybe you pay, if they can't no dice.

2. You should go on here and ask for verification of the notice provision they claim--do they have a signed contract with such a provision. It is a fair question. You will pay if they can show you such provision.

3. Wait and see what they provide here and then decide. You have the ability to dispute here and you can threaten legal action if they have no basis in writing. Asking for evidence is reasonable here and within your rights. Then go from ther depending on their response. I wish you good luck here..

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Customer: replied 6 years ago.

Just so I understand. I need to ask them to show me where in the contract it states that the 3 month membership rolls into the monthly membership?


If they can they I pay (rightfully so), if not then I don't pay.



Expert:  Ray replied 6 years ago.
Yes and to me if they can't then you have a legitimate beef. How can they collect this in court if it doesn't say this in your contract here..
Ray, Lawyer
Category: Legal
Satisfied Customers: 33703
Experience: 29 years in civil, probate, real estate, elder law
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