I suffered a stroke in July 2001, and and having Brain Biopsy and Rehab at the time it was thought to be a good idea to try and go with some help to the local Gym (Bally's) up the street. However my condition wasn't getting any better at the time, and I sent copies of Hospital reports ( although confidential ) and Doctors notes regarding my condition and it would entalbe a liability for me to even be in their facility or attempt to work out in their facility at the time. I was going to a certified Rehabilitation facilty at the time but they would not honor the letters nor the explantions and continued to withdraw funds from my bank account while I was in the hospital. Within 3 weeks of my first joining I tried to cancel but they ignored my pleas. Finally after a Chapter 13 petoin was filed they stopped the auto withdrawls but it was sent to collections... I have forever recieved SPAM offers from them but get nowhere trying to make phone contact. Is there really any way to ever get this thing resolved? Starting in June 2002 30+ July 02 90+ Aug 02 120+ And finally Feb.03 CO
If you still have the contract you signed, there may be something in there about illness and the fact that the contract is null and void. A Doctor's letter should have been sufficient. I hope you are feeling much better. Woofer
Yes, They The "Bally's" was included in my original schedule of creditors in the petition of the Chapter 13 which was later converted to a Chapter 7 at my Atty. advice in 8/02 and Discharged there after. So I Don't understand why this keeps showing up as a KR still to this day and according to the my FICO it shows the above stated data.
Woofer Thanks for your reply, and yes as you can tell although the Dr.s only gave me 4mos. back in 2001 I think I proved them all wrong! Yes it's been an awful long fought battle Thank God for a Good Company that had a good insurance plan and kept me going, I know that alot of people don't have that in this day and age.... No I don't have the original contract anymore, but I remember way back when this first happened I asked the then Manager if there any cancellation clause, which he stated you had 90 days,and I still have the original charge slip, but not the paper. I've tried many times to no avail to get Bally's to respond. Is it just hopeless?
Are you looking at a trimerge report? You need to pull your reports directly from the agencies to see exactly how it is reporting.
For your next trick, let's see if you can find a way to Houdini out of this. Who has this alleged original contract? Have your opponents been any more diligent in their records than you have been? Demand to know. Be difficult. Yell. Use words that are inappropriate. Oh my, the "parol evidence rule". Whenever you are going to enter a contract, remember what Dumb Bob just said: "Parol evidence rule". I even wrote that without a 'the' in front to make it stand out more. Never forget it. 1. I know that "health clubs" are often the sorts who sue and don't really care about your "excuses". I suspect that the sort of person who signs up for these things, why not just ride your damn bike?, isn't exactly all that, you know, money smart. So, maybe they are the perfect mark. 2. Does anyone have the original contract? I asked this before. You don't know. Do they? Tell them to put up or shut up (or whatever they call it in law school).
I would do an affidavit as to the fact you requested cancellation of your contract within the 90 day period and they did not honour their contract. Another thing is Bally's still in your home town? If so I would write a letter to the manager and also if I did not get any recourse I would write a letter to the town paper. Oh yes and FTC as well as BBB. Woofer
Dumb Bob, And Woofrer I have in my hand not only the original contract,receipt, Temp. Member Card etc. But also piles of letters and Doctors letters on "Letter Head" as instructed that proves within 72 hours of my signing the contract I was in ICU as a result from a Stroke. It stated in the "Fine Print" item#6 on the back proof of Disability from an attending Physician can cancel this membership. But they still took money out of my account for nearly 6 more months until Finally they stopped, and then started Collection Letters. I have provided everything to them and also filed BBB Complaints to no avail. All 3 CBs list this as a 60+90+120+orKD Is there any way to make this stop?
Then, collect your evidence and sue them for breach of contract. Sometimes the best defense is a strong offense.
What is the mechanism for cancelling? I recall a case where one health club insisted that the cancellation be via certified letter. If you handed them a letter at the health club, that didn't count. If you called them on the phone, that didn't count. If you sent a letter, that didn't count. You had to send a certified latter. The personj they were suing said that they had given a letter to the health club saying they were quiting. I really think that these health clubs are using some questionable tactics and contract terms, but that's another discussion. Get the contract, get someone else with you, read it line by line. Find out the way out and see if there isn't maybe an argument they can make in court that you didn't do some silly thing exactly as requited.
Good idea - get the press involved. If you have a local or regional TV station get the consumer problems reporting section involved and have your story aired on the early evening newscast.
Yes, I see it getting some publicity. I have found however unless you can do a GOOD GUY vs BAD GUY, and the person doing the story gets congrats, it seldom makes news. However this one I think has it all. Illness, unctuousness , and wanting to get fit . Everyone can relate to this and this is what you need to make some publicity especially now.They will throw in some intrigue and their title may be Thinking of joining a health club? Think again as that club and contract you sign just maybe with the Devil ... HEALTH CLUB HELL & HORRORS! GROWL... Woofer
As you might guess from my username, I work in a TV station. In 99.9% of the TV Stations in this country, that won't even matter. The sales department and the news department stay far away from each other's business.
YOU should go with this then. We don't have Bally's in my area, or at least I have not heard of any. Where the heck are they mostly, anyway? Woofer
Looking at all the diverse replies I finally contacted both the BBB & Bally directly about this long festering matter Here's the BBB follow-up Company's Initial Response - Posted 06/10/2008 Please be advised that Mr. xxxxxx inquiry was previously responded to. Our records show Mr. xxxxxx membership was cancelled prior to the receipt of this inquiry. We deleted our trade line from his credit file as a gesture of our goodwill. Please allow a reasonable opportunity for the credit agencies to update his file. Please be advised that Mr.xxxxx inquiry was previously responded to. Thanks for all of your input, and by the it did make a slight difference in my total credit profile.
