Aloha all! Todays mail had two interesting items and I need your help! #1: A validation attempt= This is a collection agency. They sent me a copy of a membership agreement for a health club I had joined with my old signature on it. They also sent me a copy of an accounts recievable page from the health club with a total due of $195.00. They have also included their itemization sheet that says they charge 10% interest and the total due now is $256.97. They have also included a letter with the mini miranda on the bottom. They DID NOT return my creditor disclosure statement nor answer any questions. Does this constitute validation? Or are they in violation for a collection attempt? What about the interest charges? (This was a gym membership I had, I moved and thought I canceled membership, but now these guys are listed on EQ) #2 Say what???= Mystery collection for a $51 dollar medical bill. They sent me back my ORIGINAL VA letter (stamped and dated recieved) and ORIGINAL creditor disclosure statement (blank) with a POST-IT note that says only, "Unable to locate Please call our office- 800-555-5555" No name, nothing else. Do I actually call and tell them to remove the tradeline since they can't find it? Do I wait until the 30 days are up and send a letter requesting deletion? I'm concerned there's no signature or official letter of any kind. Please help me out!!! Thanks all!!! NuB
1* They have also included their itemization sheet that says they charge 10% interest and the total due now is $256.97 2*I moved and thought I canceled gym membership, 3*Do I actually call and tell them to remove the tradeline since they can't find it 4*Do I wait until the 30 days are up and send a letter requesting deletion? I NuB ,.,.,.,.,.,..,.,.,. 1*But is it correct? 2* Usually a gym membership turns out to be a rip off like this. I've read several complaints on the board about this 3*Call who? 4*Wait the 30 days. >------------------------------------------------------> >---------L---------B-------------------5---------9-------->>
1*Hmmm, not sure. Says 10 percent of $175 from 4/30/99 (Supposed date of last payment). Interest shows at $80.74 This is the collection agencies interest. 2*Yes. I don't think the gym even exists anymore. I tried to find a phone number for them when I saw the TL, but they've either changed their name or no longer exist. I'm wondering if this is why they did not send me back the disclosure. 3* Who? Right! Because they didn't sign, right? Well, I noticed the name on the return reciept is the same handwriting as the post-it note, so I do have a name. (Can't say that for letter number one, as they SCRIBBLED on the return reciept!) 4* That sounds good for number 2, since they don't even know who I am. What shall I do about the gym CA? Were they in violation to send me a letter with the mini-miranda on it? Thanks lbrown! NuB
Good Morning Friends! I hope you've all recovered from a busy weekend! I still need some help with #1. The CA's itemization statement has the word "assigned" with the date of 3/99, yet no supporting documentation. The AR page from the health club is a copy of a fax dated 3/99. I have been unable to locate this health club now, I don't believe they still exist. I don't believe I owe this debt in the first place, but regardless, if this was assigned and the OC has vanished, would I owe the CA? Is what they furnished me with complete validation? Please help!!! NuB
1*They sent me a copy of a membership agreement for a health club I had joined with my old signature on it. They also sent me a copy of an accounts recievable page from the health club with a total due of $195.00. 2*They have also included their that says they charge 10% interest and the total due now is $256.97. NuB 3*What shall I do about the gym CA? 4*Were they in violation to send me a letter with the mini-miranda on it? Thanks lbrown! NuB NuB <----------------------------< 1*What does this this say about interest? 2*Whose itemization sheet .The CAs or the Gyms? they charge 10% interest Meaning who the CA or the Gym? 3*Send the estoppel 30 days after they received the green card.They meaning the CA not the Gym. 4*Were they asking for payment in the letter? >---------L---------B-------------------5---------9-------->>
have been unable to locate this health club now, I don't believe they still exist. 2*if this was assigned and the OC has vanished, would I owe the CA? 4*Is what they furnished me with complete validation? Please help!!! NuB 2*No NO NO. No Because there is nothing there about you canceling . >=============================>> >--------- >::::L.::::B. :::::::::::: 59 ::::::::::::>> -------->>
Re: Re: A validation attempt ...and... If the contract does not specify interest, the CA has no right to bill for interest. However, your position should first be that the membership was cancelled back in <whenever your last payment was for>, and no additional amount is due. Adding "interest" not specifically in a contract is just an additional case of sleazy behavior on the part of the CA. You could also check to see when the gym went out of business, or changed ownership, perhaps via city business license records. They may be attempting to collect for a period when they were not even open. There may also be similar complaints against the gym.
Re: Re: A validation attempt ...and... There may also be similar complaints against the gym. ontrack ================ These gym memberships are rip offs. >------------>> LB59
Re: Re: A validation attempt ...and... Hi lbrown! I'm reposting my answer to your last reply as it accidentally posted bold...and I don't know if you can hear that. Pardon the repost if you did!! And thank you to Ontrack! Hi lbrown, and thank you for responding. I'm sorry if this is confusing. 1*It says nothing about interest at all. In fact, all it says is: "I authorize The Gym to charge me _$ per month beginning with the month of Oct 98. I understand that I will be billed in advance for this and each subsequent month until I cancel this membership. My failure to use The Gym's facilities does not constitute grounds for a refund. Request for cancellation must be made in writing and requires a 30 day notice. During the 30 day notice period, I understand that I will have access to The Gym's facilities if my account is in good standing and I am responsible for that month's charges." That's the agreement in it's entirety (other than injury liability waiver). 2*The CA states they charge 10%, not the gym. 3*So this does not infact constitute complete validation, correct? 4* "The following is an itemization of your accounts as of Dec 9, 2003. Please retain this copy for your records. For your convenience we have included all interest paid last year and this current year to date. N O T I C E The federal law requires we inform you that this is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose." That's all they say period, no names. No response to my questions, no creditor dislosure etc. I no longer live in this state either. Oh, they do include an adressed envelope. Thank you lbrown. NuB
Re: Re: A validation attempt ...and... Nice try Mr. Big Bad CA charge all the interest you want. Unless it is permitted by law in your state. § 808. Unfair practices [15 USC 1692f] A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section: (1) The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law. They are required to put these statements on ALL communications. No violation.
Re: Re: Re: A validation attempt ...and... Thank you jlynn! The interest violation is a $1000 fine right? I'm going to try to find the OC again and if they don't exist use that leverage as well. I just want a deletion. Thank you again! NuB
Re: Re: Re: A validation attempt ...and... If you can't find the Gym, request an OC VERIFICATION. If they don't exist, then the CRA can't verify it with them; and you'll have proved that the company doesn't exist any more. If you can find the OC (if they've changed names, owners, etc) you may want to try seeing if the OC will contact the CRA to remove it. When I had a problem similar with the local Gold's franchise, the new gym didn't get their computers in until about two weeks after they opened, and never printed out a membership card for me so that I could use the gym. Other than for the pre-paid month which you were allowed to use the pink copy of the contract for (and how shredded does the pink copy get with only a little movement, multiply that by needing to get it out every time you want to go to the gym.) The franchise changed hands at least twice, and the new owner faxed EX to get them off when the CA refused to honor his request that they close the account.
Re: Re: A validation attempt ...and... Hi lbrown, and thank you for responding. I'm sorry if this is confusing. 1*It says nothing about interest at all. In fact, all it says is: "I authorize The Gym to charge me _$ per month beginning with the month of Oct 98. I understand that I will be billed in advance for this and each subsequent month until I cancel this membership. My failure to use The Gym's facilities does not constitute grounds for a refund. Request for cancellation must be made in writing and requires a 30 day notice. During the 30 day notice period, I understand that I will have access to The Gym's facilities if my account is in good standing and I am responsible for that month's charges." That's the agreement in it's entirety (other than injury liability waiver). 2*The CA states they charge 10%, not the gym. 3*So this does not in fact constitute complete validation, correct? 4*"The following is an itemization of your accounts as of Dec 9, 2003. Please retain this copy for your records. For your convenience we have included all interest paid last year and this current year to date. N O T I C E The federal law requires we inform you that this is an attempt by a debt collector to collect a debt. Any information obtained will be used for that purpose." That's all they say period, no names. No response to my questions, no creditor dislosure etc. I no longer live in this state either. Oh, they do include an addressed envelope. NervousNuB =================== 1*THEN THE ca CAN'T ADD Interest TO THE DEBT. 2*They aren't allowed to do this. 3* Rite. 4*But is it from the OC on their letter head???? >--------- >::::L.::::B. :::::::::::: 59 ::::::::::::>> -------->> >------------>> LB59
Re: Re: Re: A validation attempt ...and... 1* That's what I thought. 2* That's what I thought. 3* So, wait until the initial 30 days are up and send Estoppel. (With or without explanation of why I don't accept their validation?) 4* No No No! That's the CA's itemization sheet. In fact, the OC's accounts recievable page they sent me doesn't have anyone's name/letterhead on it whatsoever, just numbers. The only thing with reference to the OC is the original membership agreement. I thank you lbrown! NuB
validation attempt ...and... NervousNuB =================== 1*THEN THE ca CAN'T ADD Interest TO THE DEBT. 2*They aren't allowed to do this. 3* Rite. 4*But is it from the OC on their letter head???? >--------- >::::L.::::B. :::::::::::: 59 ::::::::::::>> -------->> >------------>> LB59 -------------------------------------------------------------------------------- 1* That's what I thought. 2* That's what I thought. 3* So, wait until the initial 30 days are up and send Estoppel. 4*(With or without explanation of why I don't accept their validation?) 5** No No No! That's the CA's itemization sheet. In fact, the OC's accounts receivable page they sent me doesn't have anyone's name/letterhead on it whatsoever, just numbers. The only thing with reference to the OC is the original membership agreement. I thank you lbrown! NuB NervousNuB ********************** 3*YES 4*The estoppel is all the explanation you need. 5*Then it's not validation. >------------>> LB59
Re: Re: Re: Re: A validation attempt ...and... *How can you accept or reject validation that they never sent ?
Re: Re: Re: Re: Re: A validation attempt ...and... Thank you so very much for your help lbrown. I hope you are having a wonderful holiday. NuB
