Advise on next move w/ CA

Discussion in 'Credit Talk' started by SoloLobo, Jul 24, 2003.

  1. SoloLobo

    SoloLobo New Member

    Good Evening,

    I have spent a significant amount of time reading this site and consider it a gold mine. Thanks to all who have given their time and effort.

    My Situation:

    I joined a local independent health club (poorly capitalized!)

    Two months later I heard from club owner's wife that they were losing the club (smallish town in Oregon. Owner lives on a friend's street).

    Went on extended vacation (9 days gone, 1 day back, 5 days gone, 1 day back 5 days gone)

    I went to club several days after I finally was home for a while. the Club was no longer there. A sign on the door says that a new gym is opening soon. There is no mention of the previous gym. The building is now owned by a national health club chain. The story I heard from the gym owner's wife was that the national chain wanted the gym and was making their life very difficult.

    Several days later the previous gym debits my checking account for the monthly dues. I disputed the charge w/ my bank and they refund my money. The gym never debits my account again.

    Four weeks ago I received a collection letter from a CA in Idaho dunning me on behalf of the (I thought) defunct gym 8 months after the last contact w/ the gym It appears that the gym reopened about a mile from the original site at some point under the same name; the new site is in an obscure Business Park that I would have never had any reason to visit; it could have been 24 hours or 24 days, I don't know as there was never any contact from the gym after they closed at the original site. No letter detailing the move, or phone calls left on my voice mail, nothing!

    I hit the CA w/ a validation request. They sent me back a fax of the contract two days later.

    Here's my question: The Contract clearly states the name and the address of the gym. From above, the address is not valid. The new gym took over just two months after I joined.

    It gets better...The company name (the OC) is not registrered w/ the Sec of State of Oregon (i.e. there is no evidence that this company exists). The SoS web site points to a chapter in the ORSs that require all companies doing business in the state of Oregon to register their name, address, owner's name and information (including SSN if sole proprietor). Further the ORS states that companies that fail to register have no standing before the law. This means that the company cannot bring or prevail in a lawsuit!

    How do I proceed? What do I say to the CA to get them to drop this now. I do not really want to rack up CA violations, but I will enjoy collecting on them if they do manage to make a mistake.

    Important: This has only been going on for ~35 days and the CA has not reported anything to my CR. I want to keep it that way!

    Sorry about the long post, but I wanted to give all the info in one iteration.

    Thanks

    SoloLobo
     
  2. delgato

    delgato Well-Known Member

    I think an ITS letter citing their violations would be the next step. I am also willing to bet that they would fold if they were served. I am not an expert at this stuff. I am interested in what others have to say
     
  3. lbrown59

    lbrown59 Well-Known Member

    I joined a local independent health club (poorly capitalized!)
    SoloLobo
    ==============
    One thing I've learned is never join a gym or health club. They'll screw you every time.
    There are oodles of complaints about this posted on this board.

    THE END ** *** ** LB 59
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