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Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11560
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
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Can a business, such as a fitness club in this case, seek 2.5

Customer Question

Can a business, such as a fitness club in this case, seek 2.5 years of dues, when there was no contact made to the customer. This was a month to month contract and I gave notice back in March of 2008 that I canceling....as suggested by the person working the desk....I could never could make contact with the manager....never returned phone calls, and was never in the office when I checked. They of course say that they never recieved the notice. I was unaware of any problem until last week when I got a letter from them saying I owe $648.00. Now they are threatening to go to a collection agency. I have not been unable to find my copy of the letter I left them. Can a business be allowed to run up a bill like that? They could say (they have not) that the letters did not get to me because I moved to Cool, CA.....but I was getting all the other forwarded bills. I have them up in the Davis Wiki (this is Davis Swim and Fitness) and have a number of complaints similar to mine. What can I do?
Submitted: 3 years ago.
Category: Legal
Expert:  Andrea, Esq. replied 3 years ago.

Hi, Welcome to JustAnswer

My name isXXXXX am a licensed, practicing Attorney, and I would be glad to help with your question

 

Agreements with self-renewing provisions always pose a problem because it is not clear either to the Court to Attorneys what the parties intended.

 

It would be extremely helpful to your case if you found your copy of the letter canceling your membership and/or remembering the name of the person at the desk with whom you left it. You can complain to the California Attorney General's Office. Here is their Official website with their Complaint which you can fill out. They might be more agreeable to settling this situation with you if they felt the Attorney General's Office on their back and threatening an investigation,

 

 

Customer: replied 3 years ago.

So what is the Official website for the California Attorney General's office. I have one more question, Is it not unreasonable for a business to run up the bill like this....one thing they did not do was call me and I still have the same phone number now as I did then.....no calls from them? Are they not responsible after 3 months to send a certified letter to me? This went on for 2.5 years before I even got a letter.

 

Thanks

Dan

Expert:  Andrea, Esq. replied 3 years ago.

Please accept my apology, We are having technical difficulties and part of our Answers get lost and the format gets all messed up so that all the paragraphs run together.

 

Here is the Official website of the California Attorney General for filing Complaints:

 

http://ag.ca.gov/contact/complaint_form.php?cmplt=CL

 

The issues you raised, should also be raised, if it becomes necessary to sue them. However, it is not illegal, and the government cannot legally regulate the inner policies and workings of businesses

 

Please press the "Accept" button so that I receive credit for helping you, otherwise I do not get paid, Bonus and Positive Feedback are appreciated, Thank you

Customer: replied 3 years ago.
Relist: Other.
What you are telling me is that a business can intentionally run up a bill and then after 2 years give the customer a large bill....after they have lost the paperwork....probably guessing that no one hangs on to documents that long. They have done this to others based on the Davis Wiki web site. No I am not satisfied. It turns out someone else had already given me the Attourney Generals website. So I guess I want my $28 bucks back. Thanks

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