1. Wife signed up for one year contract with Body of Change on 22 July. They charged her credit card for first and last month's fee of $360 for total of $720 plus $25 processing fee.
2. Wife decided that it was not working out. Per terms of the contract sent certified letter to address on contract citing number of contract and specifying that she was cancelling. Contract specifies 30 day notice and $250 cancellation fee. As she had prepaid the last month fee of $360, figured that they owed her $100 refund.
3. Certified letter (return receipt requested) sent to address on contract: 20430 N. 19th Ave, Suite 140, Phoenix, AZ 85027.
4. Credit for Dec statement shows no charges from BofC.
5. No response from BofC.
6. Letter received 2 Jan 03 from Body of Change's collection firm "Affiliated Acceptance Corporation, P.O. Box 790001, Sunrise Beach, MO 65079-9001 demanding payment of $360 for Dec.
7. Called Affliated Acceptance Corp at their toll free number and rudely told that the $760 paid at contract signing was a "downpayment" and did not count.
8. Called Body of Change customer service number at numerous times but never could get anyone to answer, just a message to leave a voicemail and they would get back to me.
9. Consulted local attorney who specializes in contact law. His reading of the contract was that the "downpayment" applied to services received and we had complied properly with contract cancellation terms.
10. Per attorney advice sent certified letter to Afflilated Acceptance Corp (AAC) with certified copy to Body of Change address.in letter stated that the amount demanded was disputed and demanding refund of overpayments. Further, they were advised that my wife would seek all legal means of redress including punative damages for failure to provide the refund of monies owed.
11. Certified letter signed for at AAC and Body of Change and return receipts received the next week.
12. Received letter dated 14 Jan 03 from AAC stating that as my wife had invoked the provisions of Fair Credit Collection Protections Act by disputing the claim, they were not allowed to have any further communication with her. However "your request to terminate your agreement with BODY OF CHANGE, INC. Has been denied by our client. They have instructed AAC to pursue the balance according to the terms of the contract between yourself and BODY OF CHANGE, INC." Further they stated that "since we may contact you further (by mail or telephone) please be advised that the status of this account will still be reported to the applicable credit reporting agencies."
12. Current status is we are going back to the lawyer to see what the next step is as we remain convinced that my wife complied with the terms of the contract and cancelled it properly.
13. Conclusion is that Body of Change makes it money by assuming most folks will not pursue legal remedies against them if they fail to comply with the terms of their contract. This means they make pure profit and ruin the credit of many innocent people.
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