My gym contract (entered Aug) expired end of August. I was paying via credit card/automatic billing monthly. Because I did not wish to renew it I ignored a renewal notice and a request to provide new credit card # (two separate mailings). My credit card renewed and Bally continues to bill me in spite of my cooperation and writing to them HERE IS A COPY OF TODAYSLETTER TO THEM: January 27Bally Total FitnessP.O. Box 1080Norwalk, CA 90650 Attn: Member Services - Manager Re: Your unauthorized use of my credit card since Sept. 2008 And unauthorized renewal of expired Bally Contract 2602948361002Final Notice
Gentlemen:
This is final notice that your are to cease and desist billing my credit card for $19 each month and that you are to refund each monthly payment of $ 19 since September (4 payments x $ 19 = $ 76 refund owed).
Our two year contract was entered (bi-lateral contract) in August. Our contract ended August and I did not renew it.
You sent me two things mid 2007 to renew the contract... Both were destroyed and did not return because I did not want the membership after expiration:
- a membership renewal solicitation – OBV IOUSLY THEMEMBERSHIP WAS EXPIRING
- you wanted my credit card renewal #... I did not provide it.
In spite of the fact the contract ended you have defied my wishes by effecting a unilateral contract to serve your interest only: renewing my expired contract without my authorization AND to bill my credit card without my authorization, and further “drag” this by rejecting my 12/18/08 correspondence.
Enclosing another copy of my 12/18/08 correspondence plus today’s reply toyour Jan 12 letter. This is not a cancellation issue: you renewed my expired contract for your unilateral best interest fraudulently using my credit card account.
Kathleen Housel
CC: Chase Card Member Services Better Business Bureau
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