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Florida contract law/over billing/not responding to

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cancellation requests.I was resident during...
Florida contract law/over billing/not responding to cancellation requests.I was resident during the month of December in 2017 in Jacksonville, FL where Retro Fitness business is located and I entered into an agreement for personal training with them.I specifically asked foreign able to go month to month and able to terminate contract if I move. I was told they would allow me to.I was later repeatedly made to re-sign the agreement saying the manager Diana Thornton was trying to get me a discount.When I contacted them, they had about 11 agreements that were signed by me in one month period. I asked for PDF copies and got them.I registered on their website as member and found that they show only three documents on it.
1. Change - 11/29/2017
2. Contract - 12/13/2017
2. Change - 12/13/2017The entire list of contracts, including the 11 documents they say they have on system (and a copy was provided to me) and three that I was able to download show that it is a contract for 5 payments of $468.I have two payment history documents that show that I paid1. $691 on 11/29/2017
2. $468 on 12/24/2017
3. $468 on 12/29/2017
4. $468 on 1/24/2017
5. $468 on 1/29/2017
6. $468 on 2/23/2017
7. $468 on 2/28/2017
8. $468 on 3/24/2017
9. $468 on 3/29/2017On march 6, 2018, I sent a certified mail containing written request to cancel my subscription. I did not receive either an acknowledgement or a confirmation or denial of agreement to what I requested.I'm now a resident of New York state.I wrote to Florida state attorney general about this but I think they will not be helping me about getting my money back or getting agreement cancelled.I want
1. to get what ever agreement(s) they will use against me to be cancelled.
2. Get my money back for excess billing.
3. Can I complain to some one who would review their license?
4. Do I have to go to Florida or hire a Florida lawyer to get what I want?
Submitted: 2 months ago.Category: Business Law
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Answered in 1 minute by:
4/3/2018
Business Lawyer: Legal Eagle, Lawyer replied 2 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Business Law
Satisfied Customers: 12,457
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 2 months ago
Please do take your time.
Business Lawyer: Legal Eagle, Lawyer replied 2 months ago

Ok, so let me answer your questions one by one.

1. If you sent them cancellation that they received, and they have yet to cancel the agreement, then this appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. This applies even when there was no written agreement, but just an oral agreement between the parties. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can download the forms right after purchasing. Click here to get started.

2. Part of a breach of contract action involves getting your $ back for anything in excess after your cancellation.

3. You could complain to the Attorney General's office which handles these consumer issues or the federal trade commission.

4. You don't usually have to hire a lawyer. Generally, if the amount is under $5,000, you could handle it through small claims court if you wanted.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 2 months ago
It looks like from what you said"A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform"I will have to show that they did not provide services. The problem with that is, they are willing to provide services.The actual problem is billing me too many times and not letting me out of contract.Please take a look at the documents I uploaded and provide an in-depth answer.
Business Lawyer: Legal Eagle, Lawyer replied 2 months ago

I'm sorry. What I meant by that was that if there was a part of the agreement that allowed you to cancel, and you actually did cancel, their failure to comply with the cancellation is a breach of contract. In this case, your damages are the additional money that they charged you as a result. Does that make sense?

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Customer reply replied 2 months ago
No. Because it looks like you did not try to look at any document I uploaded. What is the customer service number so I can get another lawyer answer my questions?
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