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Overcharged for 10 months...[Update: LETTER!]

1ddqd1ddqd Registered User regular
edited June 2009 in Help / Advice Forum
My girlfriend and I have memberships at LA Fitness. Last year, I cancelled the membership in August. Our monthly charge was $32.46. We had to print out a letter and send it in so that they can verify we want to cancel it. Fine, whatev, we do this.

I noticed a few months ago (March, maybe?) that LA Fitness had continued charging me for 1 payment of 32.46 (one of the accounts was still charging, but inactive). I contacted the guy at my local club and we started this "process"

I've got bank statements through 12/2007 showing our charge history. Here's a quick breakdown of how my accounts has been charged:

ChargeHistory.jpg

To check this, I went to LA Fitness' page to see when the account was billed. There is a gap between 7/30/2008 and 12/31/2008 (Charge dates for which the account was inactive). I reactivated on 12/31 because they'd waive my initiation fee of $99.

So the proper charge history is shown in Column C. That's my account. My g/f's account has been charged ever since, even though they have a record of receiving the letter we had to send in.

What can I do if I don't receive all of it back? BBB? Consumerist? Help?

1ddqd on

Posts

  • RUNN1NGMANRUNN1NGMAN Registered User regular
    edited May 2009
    Gyms are the most worthless, evil, shady businesses around when it comes to billing, so I don't think you're going to get very far shaming them. I mean, there entire business practice is based on signing people up for contracts and hoping they never actually show up to use the place.

    Small claims court, maybe?

    RUNN1NGMAN on
  • SentrySentry Registered User regular
    edited May 2009
    It's LA Fitness. Send a register letter detailing the issue and your bank statement. They should resolve it. Don't deal with a local branch at all.

    Sentry on
    [SIGPIC][/SIGPIC]
    wrote:
    When I was a little kid, I always pretended I was the hero,' Skip said.
    'Fuck yeah, me too. What little kid ever pretended to be part of the lynch-mob?'
  • 1ddqd1ddqd Registered User regular
    edited May 2009
    Roger that - thanks for the heads up about the registered (read: certified) letter. Writing one now and including the above analysis and statements!

    1ddqd on
  • PheezerPheezer Registered User, ClubPA regular
    edited May 2009
    The BBB is a waste of your time. They can do nothing. NOTHING!

    You will only become further behind by even attempting to correspond with them and here is why:

    Did you check with them before you got a gym membership there?

    No, you didn't, because no one does. The BBB is funded by MEMBERS FEES. Companies pay to put their sticker up. Consumers don't bother checking with them because no one would ever think to and guess where their bias would lay anyhow, and since many, many, many businesses don't even bother paying the fees to put up the sticker, a business NOT having the sticker doesn't even stand out.

    The BBB is a fraud, a sham, and a massive waste of time.

    Write a letter, be factual, polite and specific in what you expect in return. If that fails, small claims court certainly covers this amount and you can easily self represent so long as you do some basic reading up on the procedures in your area. If you go that route, make sure that you include court costs and the expenses incurred in taking the day off work to sue them in your suit.

    Pheezer on
    IT'S GOT ME REACHING IN MY POCKET IT'S GOT ME FORKING OVER CASH
    CUZ THERE'S SOMETHING IN THE MIDDLE AND IT'S GIVING ME A RASH
  • JRoseyJRosey Registered User regular
    edited May 2009
    I had a similar problem with a different gym (still a chain) and got the run - around for a couple months before I just walked in, talked to the manager, and basically threatened to write the Attorney General. At the very mention of this I got my refund immediately and with no hassle.

    I was completely bsing my way through that conversation though, so ymmv.

    JRosey on
  • SaddlerSaddler Registered User regular
    edited May 2009
    You might also see if you have some kind of fraud protection at your bank that you might be able to use. Then the bank would pay you, and getting the money from LA Fitness would be their problem. So try telling your bank your statement has fraudulent charges on it.

    Saddler on
  • KyouguKyougu Registered User regular
    edited May 2009
    I had a similar problem with my gym, though no surprise, as gyms are notorious for this.

    My membership was actually expiring, but turns out that it renews automatically. And I just couldn't note the account to cancel the membership, I had to wait 2 weeks before expiring and turn in a letter in writing.

    I had sent in a letter to cancel (Handed by my brother no less, as I had moved out of town) and thought of it done until I saw that I was getting charged again for my membership. I called, turns out they had no record of my letter, I bitched until they cancelled my membership but they weren't willing to refund the month I got charge (note that I called like 2 days after the first charge).

    The manager was an ass about it all, and he continually refused to give me the number to corporate or owner. It pissed me off so much I called my bank and filed a complaint. Got my charge reversed by the bank.

    So yeah, call your bank. Though 10 month charges may be hard to dispute.

    Kyougu on
  • HypatiaHypatia Registered User regular
    edited June 2009
    I don't know, I've had two instances where I've reported a company to the BBB and both times the situation was resolved and I got contacted after the BBB contacted the company. Sure, in some ways it's a scam because it's funded by companies but a large number of companies don't pay them, if that's the case, the BBB has no problem with going after them.

    Hypatia on
  • Penguin_OtakuPenguin_Otaku Registered User regular
    edited June 2009
    How did you just notice that 10 months worth of charges were getting you?

    Penguin_Otaku on
    sig-1.jpg
  • 1ddqd1ddqd Registered User regular
    edited June 2009
    How did you just notice that 10 months worth of charges were getting you?

    Some of the charges were spaced between other charges. Sometimes I just never checked my account because I have a speed dial on my phone that let's me check my balance. I suppose in one respect, it's my fault for not being more on top of my finances.

    However, they have a responsibility to follow through when they note "Cancellation letter received" on an account but continue billing it. I have seen this in person on the accounts, but never got a copy of this.

    1ddqd on
  • 1ddqd1ddqd Registered User regular
    edited June 2009
    Ok, here's the letter I'm going to get notarized and send in. Can you guys critique it? I don't really know what I should do other than explain explicitly what has occurred...
    To whom it may concern:

    This letter is in regards to an on going LA Fitness customer service and billing issue. I have been in contact with the operations manager at the Lewisville, TX Vista Ridge location (Kevin), but will explain again the situation.

    My girlfriend (g/f) and I (Me) signed up for accounts with LA Fitness at the George Bush and Coit Rd location in Plano, TX. Both accounts were linked to my check card (ending ####) and came out at the beginning of the month. The amount for each account was $32.46.

    We cancelled our accounts last year in August and sent in the required letters. My account was successfully cancelled, as was hers. However, the billing failed to cease on one account, as my card has been charged for the past 11 months. My account at LA Fitness’ online website shows that my billing statements are functioning properly (there is a break in billed months from 7/31/2009 to 12/31/2009.

    Since the accounts were cancelled, I have renewed my account in January 2009 with LA Fitness in Lewisville, TX – my new rate is $32.39. In March, my girlfriend created a new account and linked her monthly charges to her card.

    There are two priorities here. Number one; the $32.46 charges from the cancelled account must end. Number two; I am requesting a reversal of all charges since the accounts were cancelled. This total equals $324.60 ($32.46 for 10 months).

    If you need to get in touch with me, my cell phone is 555-555-5555. My email is me@gmail.com.

    Thanks for your time,


    ______________________________________________
    Me Date

    1ddqd on
  • PheezerPheezer Registered User, ClubPA regular
    edited June 2009
    Hypatia wrote: »
    Sure, in some ways it's a scam because it's funded by companies but a large number of companies don't pay them, if that's the case, the BBB has no problem with going after them.

    Do you have any idea what you're saying here?

    The BBB won't go and harass business owners who aren't members of their cartel because that's harassment and they have better things to do. That's insane to even suggest.

    Pheezer on
    IT'S GOT ME REACHING IN MY POCKET IT'S GOT ME FORKING OVER CASH
    CUZ THERE'S SOMETHING IN THE MIDDLE AND IT'S GIVING ME A RASH
  • DaedalusDaedalus Registered User regular
    edited June 2009
    The BBB's helped me out when a bank (M&T) tried to fuck me out of a hundred dollars when I tried to leave. Seriously, they're not that bad.

    Daedalus on
  • HypatiaHypatia Registered User regular
    edited June 2009
    Pheezer wrote: »
    Do you have any idea what you're saying here?

    The BBB won't go and harass business owners who aren't members of their cartel because that's harassment and they have better things to do. That's insane to even suggest.

    Actually, yeah, I do, the BBB got me a refund from a packaging company that double-sent my order and then charged me twice. They also got a t-shirt company that had already charged me but wouldn't send my order (for 2 months) to finally send my damned order.

    Hypatia on
  • DHS OdiumDHS Odium Registered User regular
    edited June 2009
    I've had one experience with the BBB, and they didn't do shit. I submitted my complaint, BBB contacted the company, the company contacted me. The company did not help me in any way or solve my issue (warranty). BBB contacted me after all this and said the issue was resolved, as that's what the company said. I couldn't get any farther than this.

    DHS Odium on
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  • 1ddqd1ddqd Registered User regular
    edited June 2009
    Any thoughts on the actual letter? I know notarizing it just says I'm the person signing/writing it, but I want to cover all my bases here. Going to send it (record of statements highlighting the charges, as well as a summary breaking down when charges occurred) certified mail.

    1ddqd on
  • SentrySentry Registered User regular
    edited June 2009
    The letter looks fine. Not going to lie, it's going to look weird to them, and to any court, as to why it took you 11 months to notice this. You might want to have a reason why that is.

    Sentry on
    [SIGPIC][/SIGPIC]
    wrote:
    When I was a little kid, I always pretended I was the hero,' Skip said.
    'Fuck yeah, me too. What little kid ever pretended to be part of the lynch-mob?'
  • 1ddqd1ddqd Registered User regular
    edited June 2009
    Sentry wrote: »
    The letter looks fine. Not going to lie, it's going to look weird to them, and to any court, as to why it took you 11 months to notice this. You might want to have a reason why that is.

    Good point - I didn't notice because the transactions were usually spaced out and I didn't see them side by side. As for the recurring monthly charge after the accounts were cancelled, I simply overlooked them.

    1ddqd on
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