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Need advice - creditor never contacted me.


Xsr2000
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I am not sure how to proceed here. I live in Illinois, and was working on a short term contract in Tennessee. I joined a health club and signed a 3yr contract with the knowledge that I could cancel it upon leaving (there was a clause which said cancellation could occur in the event that I moved > 50 miles from the health club). The monthly fee was automatically charged to my debit card. Long story short, I forgot to cancel when I got home this February. In June, I was a victim of identity theft and subsequently had to cancel my debit card. I made arrangements to move everything to the other card, but I did not remember the health club in TN. I received no correspondence from the club - despite them having my cell phone and home address in IL - until October. They called to ask if I had moved out of state and to get a current address and phone number. I told them I had and would like to cancel, and we went over the policy for cancellation. Despite having me on the phone, they did not mention the fact that they had not received payment from me for the last 4 months! This happened during a period of great emotional stress for my family, and I once again forgot to cancel (convoluted policy). I received a collection letter last week for the balance of the 3 year contract. As soon as I realized they had not received payment, I called the health club and attempted to pay for the period between Jun-Dec. They said they would not deal with an account that has gone into collections. In no way did I try to avoid this debt, and a 5 min phone call or letter from the health club would have resulted in me giving them my new card number. I will gladly pay for the time frame between Jun-Dec - I just feel a bit taken advantage of over the rest of the balance. Do I have any recourse here?

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I wish you luck on this one. I had a problem with Bally's kind of similar and ended up letting the SOL run out on it because they pissed me off so badly. I joined in VA, and knew I could also cancel if I moved away. Well, a year later I moved to NC and cancelled. They refused to allow me out of my contract and sent me to collections too. I just ignored them for 7 years. :evil::evil:

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