How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask TJ, Esq. Your Own Question
TJ, Esq.
TJ, Esq., Attorney
Category: Legal
Satisfied Customers: 12133
Experience:  JD, MBA
9373668
Type Your Legal Question Here...
TJ, Esq. is online now
A new question is answered every 9 seconds

I joined a monthly membership at a spa. I was to be charged

This answer was rated:

I joined a monthly membership at a spa. I was to be charged monthly through my bank account in exchange for monthly massages. After 6 months, I was just telephoned by the spa and they said "oops, we realized that we haven't been charging you." Now, they want to charge me 600 dollars on my credit card. This spa has consistently been disorganized and has made so many mistakes with my massage appointments including therapists not showing up for my appointments. Am I responsible for the past payments when they admit it was their fault for not collecting the monthly fees? Can I demand a payment plan at the very least?
Hello and thank you for allowing me the opportunity to assist you.

Q: Am I responsible for the past payments when they admit it was their fault for not collecting the monthly fees?
A: I'm sorry to say that the answer is yes. The mistake does not negate the fact that you haven't paid for a service that you are contractually obligated to pay. If you refuse to pay and are sued, you would almost surely lose.

Q: Can I demand a payment plan at the very least?
A: You can certainly demand a payment plan. The spa does not have to agree to a payment plan, but they'd be stupid not to since it would be much more cumbersome to sue you, and it would probably result in slower payment. Moreover, a judge may not even award them attorney's fees because of the mistake. So long as the payment plan is reasonable (e.g., $50 per month for 12 months), then they should jump at it.

Does that answer your question? Let me know if you need clarification, and please remember to rate me positively so that I receive credit for my efforts.

Thank you and good luck!
TJ, Esq. and other Legal Specialists are ready to help you