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Infolawyer
Infolawyer, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 57708
Experience:  Licensed attorney helping individuals and businesses.
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I have sign a contract with Ultra Body Fitness on 07/04/2016

Customer Question

I have sign a contract with Ultra Body Fitness on 07/04/2016 and on my 2nd training I was pass out due to trainer was pushing me rush to heavy exercise and transfer to emergency room by calling 911. Since I never use service and finally I send them cancellation letter by register mail on 02/21/2017 and they have receive on 02/28/2017. At that time I am suppose to pay 50% of remaining amount of contract $1440.00. Then never call me and never send me email for final amount and they charge my credit card on 03/10/2017 for $240.00 regular monthly payment. I found out from my credit card statement then I call on 03/24/2017 and ask why you charge 240.00 instead of my final payment. They also said that you have to call us pay final amount. There is nothing says that I have to call their office and pay. I was ready to pay 480.00 on 03/24/2017 and they ask me to pay 600.00 because they already charge me on 240.00 on 03/10/2017. My obligation was on 02/21/2017 on notice date was $720.00 50% of 1440.00 So I told them I will dispute my charge 240.00 for March payment due to wrong amount charge which I did. Now they asking me to pay 1005.00 include March and April payment and there is some fees for charge back and remaining 50% of service agreement. They have mention in their letter that they have several attempt to call me and never answer by me which is not true. I ask them provide me you call date and time and they refuse to provide. I do answer every call and I have no record of and miss call and no message on my voicemail. They are lying because they keep running my bill. At this point what is my option?
Submitted: 5 months ago.
Category: Consumer Protection Law
Expert:  Infolawyer replied 5 months ago.
You can cancel and get money back based on the breach and resulting injuries. You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the attorney general office. You can threaten these options before pursuing and use for leverage. local counsel can also get involved! A lawyer letter alone can often bring about a settlement as the other side realizes that you are serious and gets concerned about its risk and legal fees. You want to prepare your case by creating a time line starting from the earliest event. For each event, write down key details and witnesses and if there is a document that relates to it, save it and refer to it. This timeline can be very valuable in narrating your case and presenting it later in a concrete and specific way. they should settle to avoid these risks especially if a local lawyer contacts them. martindale.com and findlaw.com are both excellent lookup directories. Both highly rated. Both used by lawyers. Easy to search and find local options.
Expert:  Infolawyer replied 5 months ago.
If I can clarify or explain anything further, just ask me. kindly rate me 5 stars.