Collection Question Re: Gym Members

Discussion in 'Credit Talk' started by 95207Chick, Aug 11, 2003.

  1. 95207Chick

    95207Chick Well-Known Member

    I am just looking at an old thing on my report...getting nit pickey now on details.
    I have a defaulted gym membership that is being listed on TU and EQ by a local collection agency. They are able to provide validation that the debt is mine (Original contract and EFT info). I joined the gym in early 1999 on a one year membership. Shortly thereafter they were not able to EFT my monthly fees and I never paid them anymore money.

    On EQ it reads as
    Client: XXXX Account: XXXX
    Date Reported:6/2002
    Balance Date:6/2002
    Last Activity:2/1999
    Date Assigned:08/2000
    Status: Unpaid

    The 2/1999 is the date for SOL purposes, right?

    I am a current member in goodstanding on a new membership for almost a year. I am willing to pay this debt in exchange for deletion but the CA said "No Way & they don't do that". And the OC verbally told me they can't bring the debt back because it is so old. I never would pay if it can't get deleted but I was thinking how I could appeal to the qoodwill of the OC. The CA is adding interest to this which at 10% brings my amount owed to them to 453.68. Am I right that this is past SOL and while they only report the principal the only "damage" they can do to me is reporting until sometime in 2006?

    Anyone have any advice?
  2. lbrown59

    lbrown59 Well-Known Member

    The 2/1999 is the date for SOL purposes, right?

    How long is sol

    THE END ** *** ** LB 59
  3. ms6073

    ms6073 Well-Known Member

    We would need to know what state you currently reside in to answer that question. You need to determine first what the SOL are for written contracts in the state in which you reside and then you can determine whether or not they have already (or soon will) expire.

  4. 95207Chick

    95207Chick Well-Known Member


    Hope you still are around. I just was searching my posts and found out I never replied to you.

    I am in California.
  5. jam237

    jam237 Well-Known Member

    This is the SOL for California from a site that I have bookmarked.

    The membership would probably be considered an Open Account; it could be that or a writen contract, but since both the writen open, and writen contract are four years the SOL is the same. ;)

    2003 is the year the SOL should expire, so it would be the date the first EFT that they couldn't precess.

    You said however that the CA would be able to provide validation, but have you requested it yet? Requesting it to ensure that there aren't any illegal fees, etc is always a good idea. :)

    This would also allow you to know for certain if the February 1999 date for the DOLA is accurate. If it is then the account tolled on the due date in March 2003.

    Letting them know that you know that the SOL has tolled, and the only way they will ever see a penny is if they delete the tradeline could get them to see the light.

    I had a slightly different situation with the gym that was appearing on my CR, the initial owner never provided the membership card, so that I could use the services, but still seemed to think that I should pay for them. Finally the newest owners finally got tired of dealing with the pain that the first owner caused by having the listing under their general business name, and when the CA wouldn't delete the listing, they faxed Ex to delete it, and I had at the same time started a OC Verification request with Ex. :) TU deleted when the CA answered the "membership card never received" dispute with verification only sufficient for a "NOT MINE" dispute. ;)
  6. 95207Chick

    95207Chick Well-Known Member

    Yes, I got Validation from them at the beginning of the year. They had everything I signed.

    I know SOL is up. I think I will just keep sending letters about every 30 days for a couple months asking for deletion in exchange for payment. The funny thing is that in the past year, they have never contacted me in any way attempting to collect this debt after I got the Validation. Because of my communication with them, they have my correct address and phone. I guess they are just in the business of putting negatives on CRs and not really trying to collect on them. I always thought a CA stayed profitable by collecting money...
  7. jam237

    jam237 Well-Known Member

    Well, actually if you think about it, this is probably the most profitable way for them to collect.

    They're not even spending the $0.37 cents for a first class stamp, and you keep offering to pay them... :)

    With just an application, and possibly an account statement, the validation probably only cost $0.37 as well... ;) Not too bad, of an expenditure on an account, even if you don't give in and pay without them agreeing to delete. ;)

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