Public Mediation

Fitness 19-Dispute-#7595910

S. K. vs. Fitness 19
4701 Delor St., Saint Louis, Missouri, 63116, United States
Amount Involved: Other terms
    • Status: In Negotiation
      This claim has posted for public comment and negotiation. It will remain posted until resolved to the claimant's satisfaction. Suggest a resolution to help these parties reach a settlement.
       (seeking public comment)
    • Claimant Seeks: 1 non-monetary items.
    • Claim #: 7595910
    • Amount Involved: N/A
    • Filed On: Jan 01, 2013
    • Posted On: Jan 12, 2013
    • Complaint(s):
      • Bad business practices
      • Problem with a service
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Statement of Claim
Complaints Involved (2) - View
Claimant says:
"I was a client of fitness 19, some time ago during which they use to take payment from my debit account. One day I missed payment because there was not enough money in my account and I was approached to get that resolved before I was allowed to begin exercise. That implied that no payment, no service. Finally I stopped attending or taking exercise in that fitness center. Even when I was not attending they were still taking money from my account for three consecutive months. Then I changed my account information and never returned to the Gym. I did not use their service since then and they still bill me and send my name to a credit bureaux. I wrote them to inform them that I am no longer a member and that I should not be charged for any service that I did not use. They still continue to bill me nevertheless. As far as I am concerned, my membership was terminated the first month that I did not make a payment.'"
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Exhibits View
Additional Communication Between Claimant and Fitness 19 Hide
  • Feb 10, 2013, Fitness 19 (responding party) added:

  • I have attached for your records the agreement that Sheka Kamara signed. Per this agreement Sheka agreed to be debited monthly for $12 + tax and to abide by our cancelation policy if membership was no longer wanted. In addition of course a member who has not paid cannot use the club, that wouldn't make any sense or be fair to our thousands of members who do pay their dues on time. We have a very simple cancelation policy which simply requires a 30 day notice in writing (agreement - item 13) and of course the member cannot have any unpaid dues to the club. As Sheka said we were unable to debit account from last October until the present day so the balance had built up since then. Sheka did finally attempt to cancel by written notice but not until November 7, 2012. We contacted Sheka by phone on November 10th to inform that the balance owed was $249.54 however we would accept the minimum of $72.69 and we could close account. Sheka declined the offer and has continued disputing the issue ever since. This is a very simple matter of customer not wanting to follow simple guidelines that were clearly explained and initialed when membership was started. This formal complaint does not change the fact that Sheka Kamara still owes this club money. We are a very honest and fair gym to all members and non-members and tried to explain and work with Sheka on this account multiple times. However in all fairness to our business we cannot just let people who owe us money just walk away from it, thats just not how the world works. Respectively this account will not be closed and will be sent to collections for the entire $249. 54 if Sheka refuses to take responsibility for this balance and responsibility for agreement that was clearly signed and initialed (see attached document).

  • Feb 19, 2013, Claiming party added:

  • According to a response dated 2/10/13 from fitness 19, a correspondece described what is exactly a prepaid service. Therefore protocols for cancellation of service, even though spelled and stated, are not required to end the contract. Make a payment or no service is, in itself, a prompt cancellation of service and hence contract. By continuously billing and ripping an absentee customer as a way of being fair to all other customers is the most unethical business 'smartness' in the face of the earth. No costomer would express his or her satisfaction for the service received in this fitness facility by thanking this facility for its commitment to implement thievery in their business. Besides I did not sign a statement that says continue to bill me indefinitely untill I send you a regestered mail. Continued membership is not the same as an authorization for continuous billing and not, of course, a commitment to payment to such bills.

  • Feb 19, 2013, Claiming party added:

  • With a prepaid service as it is with fitness 19, no one should be charged for failing to notify Fitness 19 in writing, requesting for a cancellation of membership for which already paid at the very begging of membership as it was in my own case. I paid a membership fee that was nonrefundable. I did not ask for a refund and I just will not pay for a service that I did not utilized. The practice here, at Fitness 19 rougues, is prepaid.

  • Feb 19, 2013, Fitness 19 (responding party) added:

  • Just because a client does not like the policies set by a company does not mean they do not have to follow them. As the documentation provided earlier shows Sheka Kamara was aware of our policy and initialed next to our 30 day written cancellation notice. In response to the non-refundable membership fee stated, it has nothing to do with gym usage; it is simply to enroll into our club. Again as stated in my last response I could give you hundreds of instances where a member may not be using the club but would not want to be canceled; hence the policy to cancel a membership. This is not a far fetched business practice and most all month to month companies in existence today require the customer to cancel service, stopping payment is just not a realistic option. To conclude this matter a proper written cancellation is still required and any past due balance.

    Thank you,
    Management

  • Feb 19, 2013, Claiming party added:

  • You document says I was billed for non-cancellation of membership and not for gym usage. How is enrollment fee different from membership fee? How could you be a member if not enrolled. I did not just stop payment but also stopped usage of the gym. I cannot possibly be charged for gym usage because I did not use the gym. I am charged instead for membership which I already paid the very first day. I did not see any section in your document that says failure to give 30 days notice will lead to indefinite charging. I am yet to see where I initialed that I should be charged even if I stopped using the gym. I realize that there are other businesses just as 'good as yours' but are equally unethical. Besides business is not just about deceitful documentation but also what you actually practice. Your gym is practically a prepaid one and I therefore will not pay you a dollar. I do not owe any thing to any 19 or 99 gym.

  • Feb 19, 2013, Claiming party added:

  • This first responder, and I do not know if it was you, acknowledged receipt of a cancellation notice for membership. It was written and therefore proper. I have a copy.

  • Feb 20, 2013, Fitness 19 (responding party) added:

  • Sheka we understand you sent a letter, but as previously stated you cannot cancel any service while carrying a balance and still owing us money. I advise you to come in and pay the fraction of the balance that I have previously offered you to clear up this matter or I will have no choice but to let our billing company turn it over to collections. You are free to make whatever decision you wish however this will be my last submission on this matter.

  • Feb 20, 2013, Claiming party added:

  • wrong, I do not owe any balance or any money. I know you love to have ripped money but not from me.

What Claimant Wants Hide
What By When How Much
1. Change of policy: No one should be charged for service not utilized Jan 16, 2013 N/A
Non-cash: 1 items
  • 0
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Respondent's Counteroffer

There has been no response to this claim from Fitness 19. This claim will remain posted until resolved
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  • Comment: by Jennifer Sheehy — Online mediator
    • On: 01-13-2013
    View more
  • Unfortunately, in order to cancel a reoccurring payment such as a gym membership, usually you have to notify the billing company via certified letter of your intent to cancel your membership, with a requested end date (usually 30 days from the date of the letter). You should check your original contract as soon as possible to find out if there is a difference from that typical cancellation policy. Also, you should check the contract to see if you are still within the original contract term (one year, two years, etc.) or if you have switched to a month-to-month payment. Because you stated in your claim that you wrote a letter that you are no longer a member, perhaps writing the above letter will help you to get out of your contract. However, missing a payment will not let you out of the contract, you usually have to write the membership cancellation letter as stated in your contract or similar to above.
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