I joined a gym (Fitness USA) at the cost of $34.00 per month in June. When I signed up for the membership I asked the Sales person if there is a cancellation clause due to the fact that my wife and I were looking to move back to Michigan City in a few months. She stated that the company's police was that if you move more than 25 miles from the nearest Fitness USA you can cancel.
In October I moved back to Michigan City. Shortly after I moved back I went to Fitness USA and notified them that I had relocated. They gave me a form to fill out for cancellation. I filled out the form and with it I included a copy of my new lease agreement, a recent phone bill and a bank statement all showing my new address. I then mailed the form to the corporate office as I was instructed to do.
After a few months I noticed that the $34.00 was still being withdrawn from my bank account. I spoke to the "Brian" the manager of Fitness USA in Mishawaka IN. And he told me to call the corporate office. I called the office and was promptly directed to a voicemail box. I left a detailed message explaining the error and I did not receive a response.
The following month another $34.00 dollars was taken out of my account. I called Brian the manager again and was told keep callingthey do this to everyone who tries to cancel. He stated that I would eventually receive a refund for the $34.00 per month and it will get cancelled.
I continued to leave messages on the voicemail for the next nine months. Bringing the total months that I had been charged for to 11. I did not close my bank account at that time because I did not want this to reflect poorly on my credit report.
Then in October Fitness USA took out twice the usual normal amount causing my account to be over drafted and three items that would have cleared my account did not. My bank then charged me 3 overdraft fees of $34.00 dollars each.
I called Fitness USA again and finally spoke to "Irene". I explained the situation to her.including the fact that there was no activity on my membership card for 12 months. She acknowledged the fact that the do have a cancellation policy but she believed that the lease I had sent her back in October was a fake. Then she proceeded to hang up the phone on me.
She did however send me a letter to my Michigan City address stating once again that if I could provide proof of my address then the account would be closed. I faxed her several more documents and still they continue to harass me.
I have since then contested the charges through my bank. My bank has determined that these charges should not be occurring and did credit me back the overdraft fees and blocked Fitness USA from withdrawing money from my account.
Fitness USA has now turned my account into collections and is a negative on my credit report. I have had to fax and mail proof of my address to two different collection agencies. Both of which agreed with me and determined that this is not my dept to pay. Fitness USA has been sending me threatening letters to my Michigan City address for two years while contesting the fact that I have moved from Mishawaka.
I was recently contacted by Fitness USA and told that there is no such policy but when I informed her of the proof that I have I was once again hung up on.
I have kept all of the envelopes to prove this. I also have a letter stating that the policy is if you move more than 25 miles away that you can cancel.
I feel that since Fitness USA acknowledged that they received my lease in 2004 that no money should have been taken out of my account since then. Also since the manager Brian (574-277-3131) was representing Fitness USA when he stated to me that I was due a full refund for the months after October I should be reimbursed the $408.00. Plus I want this removed from my credit report as a negative. I have since been denied an auto loan and a cell phone account due to this being on my credit report.
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