Signed a gym contract?

G

GuesSWhO18

New member
2yrs ago in Aug of 2008 I signed a gym contract for a month to month pymt so that way I could cancel as long as I gave them a 30day notice in which I did. I gave them my bank acct number to have my money taken from my savings. Well 3 months after I signed I had to cancel it because I bought a house and had a baby so I had to cut extra spending. I verbally spoke with the owner over the phone and in person and explained to them why I had to cancel. He told me ok and that he would take care of it. It is now june 2010 and after I called because of unusual transaction on my acct I found that I was still being charged for going to the gym. I called the gym and they said because in the contract it states that I have to write a letter to them saying I would like to cancel and that a verbal would not be accepted. Even though I told them they never explained it to me. Do I have a case? They owe me 1,700$. I never went to them gym because I had thought my acct was canceled. I do not have proof of the conversation with the owner who has the right to refund my money.
 
You didn't notice they were still charging you monthly until now? Unfortunately, they are right and you are wrong. It might have been nice if they reminded you to cancel in writing, but they're not required to do so. They may have thought you were just having a conversation with them. Your letter could have been very simple. "I hereby notify you that I am cancelling my membership with your gym." and include your name, address and the date.

Write them the simple cancellation notice now or they can continue to charge you monthly.
 
Legally you have to get it down in writing. That is called the Parole Evidence Rule in law. All other forms of notification would be voided. You have no case. The contract gave you a specific way to cancel it. You could file a fraud complaint with your bank, but if they go after you in court, you will lose.
 
You didn't notice they were still charging you monthly until now? Unfortunately, they are right and you are wrong. It might have been nice if they reminded you to cancel in writing, but they're not required to do so. They may have thought you were just having a conversation with them. Your letter could have been very simple. "I hereby notify you that I am cancelling my membership with your gym." and include your name, address and the date.

Write them the simple cancellation notice now or they can continue to charge you monthly.
 
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