Poor record keeping, will I have to pay?
Date: Fri, 06/16/2006 - 03:09
I joined Gold's Gym 2 years ago... I went maybe 15 times and then discovered I was pregnant and on doctor ordered bedrest. I signed a 1 year contract for 2 memberships to the gym and I didn't fight to get out early. I paid my fees as agreed upon up until the 1 year point. I went to the gym and signed the paper work to cancel the membership. No additional payments were drafted from my bank account afterwards, so I assumed that the membership was over and done with without any issues. Over a year later I start getting collection calls at work from an agency (I don't have the paperwork here with me) and they say I owe +1K for the 2nd year of membership. They stated that the gym has been unable to draft my account and my account is showing active. They have no records of the account termination. I screwed up and didn't keep my copy of the termination paperwork. I have submitted a letter to the agency with my medicial history, and payment information. I'm not sure how the payments were stopped if the account was still open, as I've never stopped a payment in my life. And secondly why wouldn't they contact me prior to a year passing? I haven't heard anything from the agency after I faxed over my dispute letter and my medicial paperwork. There is no mention of any of this on my credit report. Should I follow-up or chalk it up as resolved?
KM
KM
Send a debt validation letter to them certified mail with return
Send a debt validation letter to them certified mail with return receipt. Here is a sample:Quote:
Date: Re: Acct # XXXX-XXXX-XXXX-XXXX To Whom It May Concern: This letter is being sent to you in response to a notice sent to me on (????). Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested. This is NOT a request for ???verification??? or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you. Please provide me with the following: ??? What the money you say I owe is for ??? Explain and show me how you calculated what you say I owe ??? Provide me with copies of any papers that show I agreed to pay what you say I owe ??? Provide a verification or copy of any judgment if applicable ??? Identify the original creditor ??? Prove the Statute of Limitations has not expired on this account ??? Show me that you are licensed to collect in my state ??? Provide me with your license numbers and Registered Agent At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau's (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following: ??? Violation of the Fair Credit Reporting Act ??? Violation of the Fair Debt Collection Practices Act ??? Defamation of Character If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist. Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is. If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately. I am revoking, in writing, any and all voluntary wage assignments you may have or had. I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS. It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records; any information obtained shall be used for that purpose. Sincerely, |
Did you receive the account in writing for which the CA is colle
Did you receive the account in writing for which the CA is collecting? They need to give you the complete information about your debt account so that you understand their genuine collections. Send a debt validation before you make any payment arrangements with them.
http://www.debtconsolidationcare.com/validation.html
Also, try to reach the gym and inquire more about these charges. They will perhaps work with you if the CA is hired for collections. If your account is sold off, you might have to work out arrangements with the CA only.
