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Need Help!!! (Bank account drained)


sigep611
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This is not necessarily a credit issue, but it will be soon.

I joined a gym in feb of 03. I chose to pay by them drawing money from my account monthly. For a couple months they did this. Then they stopped. I don't know why, I didn't even notice. My membership was $15 a month. Last week the gym decided to withdraw $700 from my account...which was just about how much I had in the bank. My bank went ahead and let me use my debit card 13 times, and paid for a couple checks..but charged me $275 in fees. The bank said they would pay me back if I got the gym to refund my money. The person I talked to at the gym was very nice, but not the person I need to talk to. That person won't be in until after business hours tomorrow. She did tell me that previous owners did a poor job with the bank drafts and that the people that took over a year ago have been fixing them. I was never contacted about any of this.

I have a few problems with this. First it was their fault. They were supposed to be taking out the money monthly for the last two years. I don't feel they should have just decided to take out $700. Second, I should owe them less than $300, but they took $700. There is a clause in the contract that states that they are allowed to raise the rate once per year. My 18 mo contract was for $15, and was a special corporate rate. It is possible that they have raised the amount. I just called. The amount has changed it is now 9.95 per month! Less than what I should have been paying!!!

Please give me any advice you can on this. I turned in my two week notice at my job today. I'm quitting and moving this month, and there is Christmas too. I don't have a job in the new town yet...but I should, I'm mostly waiting on paper work which may take a month to go through. I can't have this problem now! Thanks in advance for any advice!

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You're saying you didn't notice (ie: keep track of) money coming in and out of your bank account?

Understand, I'm not saying that to insult you, but you've got to take more responsibility with your finances.

If the health club has a corporate office, take your issue up with them.

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You're saying you didn't notice (ie: keep track of) money coming in and out of your bank account?

Understand, I'm not saying that to insult you, but you've got to take more responsibility with your finances.

Umm.....I dont keep track of mine either :oops: I dont even keep a register of my spending or deposits...I bout gave the bookkeeper at work a heart attack when i told her. :cool:

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They do not have a corporate office.

I'm a very routine person. I make more than I spend. If I spend extra, I watch myself. It's not that I make much, I'm just cheap and don't spend much. I haven't bounced a check in 8 years, and that's when I was dumb and broke in college waiting tables through school. I look over my statement and make sure nothing odd is coming out. I pay attention to any large numbers. I don't notice when someone forgets to charge me $15. Not a big enough amount to wonder why it wasn't charged IMO. When I first joined I checked for a month or two, and they got it right. I did fail to notice they forgot to charge me after that.

I admit I should have "balance" my check book,but when you can log online and look, and make more than you spend...it isn't a big deal. Either way, I don't agree with what they did.

Edit: What's funny, I noticed last night. Since I'm moving on the 31st I looked at my last statement to see what date they charged me so I would know when to cancel it. I didn't want to be charged a month and only be in town one day. I noticed they weren't on my statement and thought "Hmm, I'll have to look into that"

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She's evil. I looked things over more. On my contract under length of membership 1yr is circled. At the end of the choices it 18 mo is written. So I guess it can be argued if it was to be 1 yr or 18 mo. Assuming it was 18 mo, it would have been up to that date in Sep. According to the employee I spoke to it shows in Sep that I owed 225.12. So she added on fees of at least $400 before she charged me. Their computer did have a statement that said returned payment charge. I can't find any record of my bank returning a payment, what makes it worse, my bank wouldn't have returned it. There was money there, and they would have paid it even if there wasn't.

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You're saying you didn't notice (ie: keep track of) money coming in and out of your bank account?

Understand, I'm not saying that to insult you, but you've got to take more responsibility with your finances.

Umm.....I dont keep track of mine either :oops: I dont even keep a register of my spending or deposits...I bout gave the bookkeeper at work a heart attack when i told her. :cool:

sure are some pretty women on this board :twothumbsup:

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Guest jeeptravel

Pretty women that make more than they spend, no less.

I have had good success disputing charges to my bank account (B of A). I'd recommend calling your bank and disputing the charges. They should stop the transaction and get your money back while they investigate.

jt

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Understand that I'm not condemning you, but that $15 "not a big enough amount" is now a $700 problem. I've been down that road too, and now I even save every single credit card receipt and staple them to my monthly statement. Mistakes are too easy for them to make....

Because the club is a business, you can also report their antics to your state Attorney General who will send an inquiry to the gym.

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Pretty women that make more than they spend, no less.

I have had good success disputing charges to my bank account (B of A). I'd recommend calling your bank and disputing the charges. They should stop the transaction and get your money back while they investigate.

jt

Hmm... I'm the one that said I make more than I spend. I'm not pretty. I wouldn't be even if I dressed as a woman 8-)

I did call my bank. Actually I called the 800 number for the chain. I'll call the actual bank in the morning. I also called my ex-step father..who I don't really know all that well. He is a vice president of a local bank, and is checking on some things.

It's been mentioned is that maybe since my agreement says they are to take $15 out a month, they can't take out more that $15 a month. Somone said that on another board, and my ex-step father also thought it was possible.

Hopefully between what the bank and my ex-step dad says...I 'll be ok by tomorrow.

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Gee, let me guess. 24 hour fitness?

Did the same thing to me, I just called my bank and told them they weren't authorized to withdrawl the amount. I was told by the bank "try to get them to fix it first. if they don't, call back and we'll take it out of their bank within 3-5 business days".

Been through this with Privacyguard (150 bucks) and Blockbuster (7 bucks) too.

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Get a copy of your contract and review the bank draft information. Go to the bank and advise them this withdrawl was unauthorized. You bank should file your claim. It is YOUR bank and they work for YOU! Ask for provisional credit on yur account so that you can get your money back immedietly while the investigation is in process. Make sure you get a copy of the draft from the bank to send ito the corporate office of the gym. Call the gym and find out their corporate complaint #. (This will not be the same number as regular complaints.) Usally it will be the office of the chairman. You should work on the frontline while your bank works in the back.

I was a private banker for 11 years with JPMorgan, Bank 1, compass and Washington Mutual. There are ways to get this done and protect your money.

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This is a small rinky dink gym. It has two locations in this town, and one in another. They owner is works daily and is commonly known as Bob. Basically a "mom and pop" gym.

I have filed a dispute with my bank. That will take up to 10 working days, with the holidays...that's a long time to be w/out money. They bank had me file a dispute with visa. I think that is odd, because I do have a debit card, but this was a bank draft set up with a check. But if that works out, they will credit me the amount in 2-4 business days.

I just called the gym again. The poor guy I was talking to who is in charge of nothing told me it happens ALL THE TIME!!!!! They apparently believe I owe them $400 in late fees because they didn't draft money out when they were supposed to. Remember also, that their computer says a check of mine was returned for $225 in septemeber and I was charged a return check fine. That didn't happen, it's not even possible given my balance and/or the bank polocies. This seems like a scam to me. I won't be the first one to threaten a legal action. What should I do? I really think since this is common for them, and they aren't working with me, I will need a lawyer. Any advice on how to find a good one?

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FUN!

Anyway. I'll let you know what happened and I have a new question. They finally called their lawyer today after I mentioned lawsuit. They called me back at about 5. I was speaking to the same middle manager I had been (who is on my side). He told me they spoke to a lawyer, and offered to pay me $500 and give me a free membership and call it even. I told him he was close. They are going to refund all $705 then we are going to work out a payment plan for the $250 they forgot to charge me. After some debate he put the phone down told the boss (I overheard) that he can't take it anymore that this wasn't his job and was over his head. And he told them I was a nice guy.

So then the lawyer got on the phone. To make a long story short, he tried to play some lawyer mind games on me (it was funny). He got laughed at. It was fun, he lost. I didn't hurt that they are basically scamming me. I gotta thank this board and those like them for teaching me bit by bit about this junk.

Anyway my question. They seem to be unwilling to refund electronically. They want to write a check. Is there some advantage for them to not do it electronically? Like maybe because of federal laws regarding EFT's? It doesn't matter much, I'm 99.9% sure I will demand they refund electronically. Oh, don't worry...I wouldn't accept a check anyway...only cashiers check.

Right now where we stand is, the jerk owner is trying to live with giving me a payment plan for what they didn't take out. I'm supposed to call tomorrow.

I wish I had made it clear enough to the lawyer that I'm not budging. When in his words we were "negotiating a settlement". I will make it clear tomorrow that unless I get a full refund and a payment plan, I will get a lawyer, write to the AG and BBB and tell the local paper about the Gym's scam.

Edit: I forgot something. Even after my end is taken care of, I'm reporting them. The gym's records show (confirmed by two people) that the gym tried to charge my bank on 8/7/4 and 10/7/4 and the charge was returned. They then added a fee to my total. I just confirmed with my bank, that never happened. They are running a scam.

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