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TexLaw, Attorney
Category: Legal
Satisfied Customers: 4430
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I was a member of a Gym in CT and have not been in over 5 years

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I was a member of a Gym in CT and have not been in over 5 years (Before my husband died, 2/28/08). I have connected with them by phone to let them know that spouse will not be coming for taining and I will not ever go there, had stopped. I have left two messages with detail that there is no record of my attending the gym. I changed my credit card so they'd stop billing me. I've received 3 letters with new amount and I've specified that the Gym owes ME a lot of money for services I've stated I do not want. I'm afaid that they will come after me and I want to be proactive....AGAIN. I drive an hour to Hartford for work. I get home after business hours.

Thank you for your question.

So just to make sure that we are on the same page: You joined World's Gym several years ago. After your husband passed away in 2008, you have not been to the gym or otherwise used your membership. You have repeated contacted World's Gym and asked that your membership be cancelled, by phone and by email. Yet World's Gym continued to bill you. As a result, you cancelled your credit card so that there would be no further charges.

Then, World's Gym has sent you to collections and are still attempting to collect from you.

Is this correct?

Do you have a copy of your membership agreement?
Customer: replied 3 years ago.

I was a member sometime before my Husband's death, prior to '08. I don't remember having an "agreement" I can look around more.

The gym obtained permission to automatically charge your credit card through a written agreement that you signed when you joined.

These gym agreements will usually have a clause in it that states that the agreement is for a set term and cannot be cancelled during that term, and they will continue charging you.

To be proactive on this matter, you need to locate that agreement (or alternatively call the gym and ask them to send you a copy of the agreement you signed) and find what the term was and look at what the contract requires out of you to actually have it cancelled.

Then you will need to consider suing the gym in small claims court for the amount which they charged you which was in excess of what they were allowed to charge you under the contract, or for charges that they charged you after you cancelled with them.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
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