Kennedy Posted July 15, 2007 Report Share Posted July 15, 2007 Back in 05, a friend signed up for a gym membership for 6 months, in which she paid for that 6 months in full at the date of contarct signing, Further the contract has the following crossed out "If this agreement is set up for monthly payments, the applicant agrees to remain a member for minimum of 13 months at $$ per month from the date below" (no amount written in)Though she is unable to find her original contract, she knew, that there was no agreemnet made to deduct monthlies after the 6 months ended. She has been receiving letters from this gym now for that past year stating she owes back dues, and that if she doesn't pay, the account will be sent to collections.She asked for a copy of her contract, which she received, but she noticed now, that someone wrote on the contract both on top and the bottom of it, the following: After 6 months is finished, transfer to month to month, for $50.00 for 2 people. Keep in mind, that this "written in" statement is not initialled by my friend. And you can completely tell that the ink on those statements is noticeably darker, than the ink that was was used when the contract was 1st written. We live in California. Link to comment Share on other sites More sharing options...
CarolinaBlueEyes Posted July 15, 2007 Report Share Posted July 15, 2007 okay first of all I have never heard of an S&D letter.. if you mean a C&D I wouldnt go that route yet.. since it sounds like it maybe still with in the SOL.ask for a DV first and go from there..now you say the contract was changed but she did not initial it could work to her advantage.. but send them a DV letter first and see what comes back Link to comment Share on other sites More sharing options...
Kennedy Posted July 15, 2007 Author Report Share Posted July 15, 2007 Your right, I meant a C & D. Would she write a DV even if she was a member of that club? She's not denying that she wasn't a member or even filled out the contract back in 05, she's arguing the fact, that she never made a comitment to pay $50.00 a month after the 6 motnhs was over.And if she mails that DV to the gym, should she put something in it regarding not intializing that amended statement? Link to comment Share on other sites More sharing options...
kevin3344 Posted July 15, 2007 Report Share Posted July 15, 2007 Next to apartment complex leases, gym memberships are some of the biggest scams. Unless she can find her original contract, I would settle at this point. You don't want this to go to a CA. Depending on the balance I would settle for 25-50% and move on.What Carolina is referring to is really something you do to a CA, but for all intensive purposes she has her validation when they sent her a copy of the contract. Now it's her word against theirs, and if she can't find her original contract she's going to have trouble winning this one. Link to comment Share on other sites More sharing options...
Kennedy Posted July 15, 2007 Author Report Share Posted July 15, 2007 That's what I was thinking, but I was hoping there was a scare tactic based on no initials on that ammended statement. Link to comment Share on other sites More sharing options...
IHateCAs Posted July 15, 2007 Report Share Posted July 15, 2007 S&D?Intensive purposes? Link to comment Share on other sites More sharing options...
Kennedy Posted July 16, 2007 Author Report Share Posted July 16, 2007 Actually, no I'd be a fool to believe that there was puff the magic dragon who could come up with a letter and magically make something dissapear. I Like I assume most of us, come here a learn from those, who have already made the mistakes and wish to pass on their experiences to others in order to prevent students like me to make the same mistake twice, and or pass on wrong information. Is that not what this site is about? Link to comment Share on other sites More sharing options...
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