[bosko]

I had a gym membership for 3 years, after one year I decided to move out of the place where I was living, so I decided well in advance to inform myself about the transfer procedures in order to transfer my account to the gym closest to my new home, I also agreed to pay for personal trainer which I know they won't transfer but since they claim that with a gym membership you have access to all gyms in the city I told asked them if it was OK if I go to the gym closest to my new house during the week and take my personal trainer on weekends at the old gym. They said it was fine as long as I pay (of course).
Big moving day came and I went to the gym and asked for transfer (they made me sign a contract like paper but with a big note that said "on transfer form" they never asked for my credit card again so I thought everything was fine. As usual I found it hard to go to the gym as offen as I would like to yet I never refuse payment. Then I decided to upgrade my credit card so as soon as I got it I went to the new gym and gave them my new number (fill up a form and updated my address) I also asked them to freeze my account for 3 months and they said no problem.
So time went by and when the three months were up I decided to resume my membership I went to the gym a couple of times before I asked for a new access card
After that they told me that my account was cancelled for misspayments on the old gym and that the transferd didn't go through because of my personal trainer
They are claiming that I owe them over $700 even though I never denied payments (the new gym charge my new credit card) and that I will be sent to collections soon
My question is... if they refuse to clean up their mess, should I sue them and ask the judge to void the contract? Do I have a case here?

[excon]

if they refuse to clean up their mess, should i sue them and ask the judge to void the contract?? do i have a case here?

Hello bosko:

Maybe. Small claims court is quick, cheap and easy..

excon

[bosko]

Yeah I was thinking about that, however from a legal point of view... are they breaching the contract?

[excon]

Hello again, b:

See, that's the hard part. I can't tell from your story. I don't know what the contract said. I don't know what the "transfer form" said. So, I couldn't tell you. It LOOKS good, but I'm sure they have a different story...

That's why small claims is a good investment.. Not only do you get a LAWYERS opinion, he's also the JUDGE, and he can DO something about it..

excon

[bosko]

Well the way I see it is... they never notified me about ANY problems with my acount. They never notified me about ANY problems regarding my payment methods, nobody ever told me about giving my c/card info to the old gym...
SO why why should I pay for extra fees and all that b/s if I followed THEIR procedures??

[bosko]

I want to get this clear... I don't want the easy way but the right way! I believe this big companies are trying to take me for a ride... even if they are stealing one penny out of my bank account... stealing is stealing!!

[Fr_Chuck]

Nothing they told you and no sticky note on any contract means anything,

So what does the exact paper work you signed say,

You are bound by the paper work you signed, nothing else, nothing anyone said, only what is in writing.

It appears you did not read the new paper work you were given, I do hope you at least got a copy of it ?

So you get out all of the signed paper work and read it, and see what your rights are

[bosko]

Basically the "transfer form" is a contract. They use it for everybody who joins. The only thing is that they put the word transfer pretty much everywhere. I don't think for a moment that the judge would take that as a new contract. No billing info or any of the important things like the contract term or the amount agreed are present