On approx. 1/20/03, I was activated from the reserves to active duty. I was notified, by my unit personnel manager via phone, on or around the 10th of January. My report date was two weeks after notification. They did not mail me orders because of the short notice they were given.
In two weeks I had to do the following: pack my belonging—house-hold and personal, withdraw from school, get military uniforms and organize my leaving with my current employer. Before I left for San Antonio —from ft. Hood TX, I informed Gym-x of the situation. At that time I was not aware and not advised to contact ABC Financial services for cancellation.
So 500 dollars and six months later, I noticed a withdrawal from my checking account. I called ABC financial and requested the procedures to cancel that membership. I advised the ABC financial service rep. That I was not aware of their procedures. The following day I faxed a copy of my military orders and a typed letter. The orders were proof of my move and the letter requested the cancellation. Two days later I called to verify cancellation. I was told to call back in two more days. I continued to refax and call for approx. A month. Finally, I faxed and it was received.
However, They rejected my letter because I did not have my agreement number on it. I re-faxed one last time. They accepted it. I spoke with the ABC Financial rep again. I was informed that the fax had been received one day after the cut off and I would have to wait for the next billing cycle before it would be in effect. So in other words, they would be able to draft my account for the next two months after they accepted the letter. I paid all the money owed, just to settle the ordeal. During this time, I move to Ft. Gordon, Georgia and joined another gym (unaware that they contracted with ABC Financial as well).
I was to be deactivated in July. I was instructed to use the same orders that activated me to clear from the military. To clear from the military means as follows: clean and turn in all equipment, have housing inspected, and verify that there are no outstanding debts. I am able to use the same orders because the orders have the specific number of days I was to be on active duty. I informed Omni Health and Fitness staff of my leaving and brought orders and contract to the gym. I informed staff member that I had signed under the military clause.
I was told by staff that ABC Financial took care of the contracts and to fax my records to them. On May I noticed ABC Financial was still drafting my account. The next day, approx. May 26 or 27, I faxed ABC Financial a copy of my orders and a hand-written letter to request cancellation of my gym membership with Omni Health and Fitness. I called immediately to let them be aware I was faxing my request for cancellation. I was told to call back in 2 to 3 day. I called three days later, as instructed, and was told that they did receive my fax. She did not say it was rejected.
On December 15th I received a notice in the mail in regards to a past due amount totaling 522 dollars. The monthly dues were 29 dollars a month. The last payment was in May or June. 29 x 7 does not equal 522 dollars. I called the collection agency to verify this and was told to contact ABC Financial. I spoke with Tiffany at approx. 1700 on the Dec 15th. She agreed and verified that my orders and handwritten request had been received. She said that my request had been rejected because of my military orders.tiffany stated, "you did not have a date when you were leaving or an address to where you are going."
I have no control over the orders I am given. It is against the law for a person to alter any military paper work, especially orders. My orders were processed in Little Rock, Arkansas. At the time I live in Georgia. I can not request to the Colonel or Major in charge to change the orders because ABC Financial will not accept them. Who are they to determine if you can get out of the contract or not, when all policies are followed correctly. Bottom line is I faxed orders to leave Ft. Gordon, GA and Return to Texas.
It is not fair for this business to reject my request for cancellation because they are laymen and do not understand military processes and procedures. I also called Omni Health and Fitness. I spoke with the manager in charge of billing. I told her of the situation and she stated, "well maybe we did not get the orders." "I have to research this and will call you back next week." The notice dated December 7th is the first time I was aware of this problem. Over the past 3 years, according to the Better Business Bureau, over 350 complaints have been filled regarding this company. This does not factor in the people that agree to pay the charges. I am willing to come to some agreement. However, I do not feel I am in arrears 522 dollars. I am seeking legal advice on this matter. If anyone is willing to help me, it would be appreciated. I am disheartened and disgusted that military people—serving their country, continue to get taken advantage of. Is this how we are repaid. This needs to stop.
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