| 11/03/2016 |
Yes |
- Debt collection
- Other (i.e. phone, health club, etc.)
|
- Cont'd attempts collect debt not owed
- Debt was paid
|
|
Web |
Servicemember |
|
Consumer 's geographic cancellation was effective on XXXX XXXX, XXXX ; and ( ii ) Consumer does not owe a balance to XXXX, because Consumer paid beyond membership dues up until and beyond the effective cancellation date. Consumer was not notified of debt collection through current contact credentials and XXXX did not respond to disputes relating the the debt. As a result, the debt collection method, as well as the debt validity, is invalid.
I. Consumer Properly Cancelled Her Gym Membership at XXXX, Because She Gave Forty-Five ( " 45 '' ) Days ' Notice of a Geographic Move Greater than XXXX ( " XXXX '' ) Miles Away from XXXX.
Under the XXXX Membership Agreement Terms and Conditions Section 2 ( C ), " [ y ] ou may cancel [ the Membership ] Agreement by providing forty five ( 45 ) days ' written notice in person at the XXXX or by certified or registered mail for any of the following reasons : ... C ) If you move your residence more than XXXX ( XXXX ) miles from any health club operated by Seller ( must provide satisfactory proof of new residence ). '' In XXXX XXXX, Consumer provided notice that Consumer would be leaving XXXX, due to Consumer 's residence being over XXXX miles as indicated in the XXXX Membership Agreement Terms and Conditions. As stated in XXXX XXXX, Consumer resided in XXXX XXXX, New Jersey, more than XXXX miles away ( XXXX miles to be exact ) from XXXX, a destination XXXX location. Forty-five ( " 45 '' ) days from XXXX XXXX, XXXX, would be XXXX XXXX, XXXX. Consumer paid dues for membership rights through XXXX XXXX, XXXX.
Therefore, Consumer 's cancellation was effective on XXXX XXXX, XXXX, and Consumer does not owe membership fees past XXXX XXXX, XXXX, although Consumer paid for membership through XXXX XXXX, XXXX.
II. Consumer Does Not Owe a Balance To XXXX, Because Consumer Paid Beyond The Date The Cancellation Became Effective.
Under the Equinox Membership Agreement Terms and Conditions Section 2 ( E ), all monies, except initiation fee, paid pursuant to the contract cancelled for a reason stated in the contract, such as Section 2 ( B ), shall be refunded.
As previously stated, Consumer 's contract cancellation was effective on XXXX XXXX, XXXX. Consumer paid final membership dues of {$180.00} on XXXX XXXX, XXXX, for membership through XXXX XXXX, XXXX. Thus, Consumer paid at least one month of additional membership, despite not using the XXXX facilities since XXXX XXXX.
III. Consumer Did Not Receive Response from XXXX Relating to Debt Dispute, Nor Did XXXX Confirm Current Contact Information Prior to Initiating Collection Proceedings.
XXXX refused to update Consumer 's records with current address and contact information where Consumer could receive mail following the move. Instead, Consumer was informed of the balance through a third party startup, XXXX in XXXX XXXX. Consumer did not receive written notice through any current contact information from the debt collection agency and XXXX did not confirm Consumer 's changed contact credentials after Consumer informed them of the move.
Conclusion Therefore, Consumer does not owe a balance to XXXX, and its collection agency affiliates ( including Dutchess Adjustment Bureau ), because ( i ) Consumer 's geographic cancellation was effective on XXXX XXXX, XXXX ; ( ii ) Consumer paid membership dues up until and beyond the effective cancellation date ; and ( iii ) because Consumer did not have adequate written notice of debt from the debt collection agency since XXXX refused to obtain Consumer 's current contact information and refused to address Consumer 's dispute of the debt.
|
| 07/04/2015 |
No |
- Debt collection
- Other (i.e. phone, health club, etc.)
|
- Communication tactics
- Threatened to take legal action
|
|
Web |
|
|
I had paid {$140.00} to XXXX on XXXX/XXXX/XXXX for usage from XXXX/XXXX/XXXX - XXXX/XXXX/XXXX. My last visit to the facility was well before XXXX/XXXX/XXXX. I had emailed XXXX to discontinue my membership and that I have already fulfilled my mandatory XXXX agreement of staying on as a member to avoid early termination fees. I entered into a year contract from XXXX of XXXX. I know for a fact that XXXX has a record of my attendance, and that my last checked-in usage of the facility was before XXXX/XXXX/XXXX.
On XXXX/XXXX/XXXX, I received a letter from Dutchess Adjustment Bureau, from XXXX XXXX a debt collector ), as noted in the letter. It says that unless I notify this office within 30 days after receiving this notice that I dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If I notify this office in writing within 30 days from receiving this notice, this office will : obtain verification of the debt or obtain a copy of a judgment and mail me a copy of such judgment or verification. If I request this office in writing within 30 days after receiving this notice, this office will provide me with the name and address of the original creditor, if different from the current creditor.
I have no idea what this means and they are trying to collect a balance of {$280.00}. Please advise on how I should proceed.
|
| 04/24/2019 |
Yes |
- Debt collection
- Other debt
|
- Attempts to collect debt not owed
- Debt is not yours
|
|
Web |
Servicemember |
|
On XXXX XX/XX/2019, XXXX XXXX XXXX attempted to collect a debt for the amount of {$320.00} USD. The original creditor is XXXX XXXX XXXX. Per the collecting agency that a membership agreement was signed online and a charge card was attached to another name.
I have requested numerous time to provide a proof and validation of proof from both the orignal creditor and debt collecting agency but they have been unable to provide suce information. I was advised to resolve the matter with the club general manager but had to pay the debt in order to alleviate credit problems.
I do however, have email communication from the fitness club representative/sales rep that they need our signature in order to bind the contract. We did not signed any contract with the fitness club that they can provide.
The debt collector and the original creditor continue to call despite my request of validating and proving that I owe such debt. A formal letter is submitted signed by me to XXXX XXXX XXXX for the debt validation.
|
| 08/16/2016 |
Yes |
- Debt collection
- I do not know
|
- Communication tactics
- Threatened to take legal action
|
|
Web |
|
|
Dutchess Adjustment Bureau sent me a letter on XXXX XXXX and indicdates that my account with XXXX is past due. I have Writtent to XXXX and ancelled my membership several times and emailed them at least XXXX to cancel and now these guys sent me a letter of collection of debt, however the letter says if I do n't believe I do n't owe money I have 30 days to communicate with them. And I did. But no one answers their Phones or calls you back. I called 4X and left several messages with my information and noted my account but no one ever contacts you. They are dragging this so it pasts 30 Days and so they claim would be valid. But there is no other website or email address to contact, only a number that no one answers.
|
| 01/10/2020 |
Yes |
- Debt collection
- Other debt
|
- Written notification about debt
- Didn't receive enough information to verify debt
|
|
Web |
|
|
|
| 06/26/2015 |
No |
- Debt collection
- Other (i.e. phone, health club, etc.)
|
- Cont'd attempts collect debt not owed
- Debt was paid
|
|
Web |
|
|
|
| 03/31/2015 |
No |
- Debt collection
- Other (i.e. phone, health club, etc.)
|
- Cont'd attempts collect debt not owed
- Debt was paid
|
|
Web |
|
|
|
| 02/20/2015 |
Yes |
|
- Cont'd attempts collect debt not owed
- Debt is not mine
|
|
Web |
|
|
|