Gold's Gym wants to sue me...

[naaman]

Okay...
So back in 2005, I went to MN for a little "vacation." I stayed with my uncle for a couple of months. I bought a membership to Gold's Gym and asked whether I could transfer my membership when I moved back to L.A. They said that'd be fine and no problem.

So, a few months later, I go back home and "transfer" my membership to the L.A. gym. But apparently, Gold's is a franchise, each gym being independantly owned. So the Gym back in MN never "got the message." Then, my uncle got some mail saying that I owed them like... $200. I called and explained, and they just wanted their money... even though I had already paid both gyms for several months (so MN was still getting my money, even though I believed that my membership had been transferred).

NOW (almost three years later) my uncle got a notice in the mail from their lawyers trying to collect. Now I'm pissed. They want $400 and some odd dollars...

It pisses me off so much!!!! I bet they've already spent thousands of dollars trying to collect what started out as probably a "missed" monthly membership payment of $50 (or whatever it was, I don't even remember).

I have the money to pay, and it's not a problem financially... but GRRRR!!!! I don't want to... on a matter of principle!!!

 

[deedubb]

That sucks man, sounds like bad business to me. Have you spoken with their lawyers? If no resolve, i'd complain to the better business bureau.

 

[KSXNSX]

That sucks man, sounds like bad business to me. Have you spoken with their lawyers? If no resolve, i'd complain to the better business bureau.

The BBB will do absolutely nothing for you. I don't even know why it exists.

I'd counter-sue if they send your debt off to a collections agency.

 

[naaman]

I'm going to send them an email, but there's not much I can do from Iraq... They may have to wait till I get home.

In any case, I'm going to try and work it out so that all this interest get's removed and maybe get them to "settle" for something more appropriate to the situation...

 

[White92]

I'm going to send them an email, but there's not much I can do from Iraq... They may have to wait till I get home.

In any case, I'm going to try and work it out so that all this interest get's removed and maybe get them to "settle" for something more appropriate to the situation...

You should notify the local news and explain your story. They will jump all over how they are trying to screw a soldier while he is away from home. I will almost bet that this goes away real quick after that. I bet they even offer a free membership for when you get home too.

 

[deedubb]

The BBB will do absolutely nothing for you. I don't even know why it exists.

You're right, but in thinking about others instead of yourself, it could be beneficial to help deter others from this gym.

 

[NSXin702]

You should notify the local news and explain your story. They will jump all over how they are trying to screw a soldier while he is away from home. I will almost bet that this goes away real quick after that. I bet they even offer a free membership for when you get home too.

+1

This is definitely what I would do...

Good luck...

 

[naaman]

That would be awesome... but there's a part of me that feels like that's an "unsoldierly" thing to do...

I think I may see what JAG tells me about this and whether there is anything I can do about it. Nice thing about the military is free EVERYTHING (including legal assistance)... We'll see what they can do with it, if anything.

 

[Daedalus]

Do you think they will actually file a lawsuit? Hard to imagine.

I was in a similar situation a couple years ago, where I "owed" $50 on a store credit card because some cashier messed up. I had to make 14 phone calls and send several emails, but it eventually got cleared up. What finally worked for me was to send feedback via the store's website, and it got passed up the chain. I thought it would have the least chance of success of all the things I tried, but it ended up working when all else failed. Goldsgym.com has a feedback form, it couldn't hurt.

 

[NSXGMS]

I would be absolutely shocked if you were to actually get sued over this. It would cost them thousands and for $400 it is completely impractical from a business standpoint.

Sounds like a typical collection. It's probably already been sold to a collection agency and already on your credit. It's no biggie but it is irritating. If you want to obtain a mortgage or auto loan they might require it to be paid but I see small BS collections like this all the time on people's credit, most commonly health club, cell phone and cable companies. It's probably impacting your credit very little if at all.

The actual debt may be difficult if not impossible to fight as there seems to have been a miscommunication with the club's billing (their fault, of course) and you have no hard evidence to the contrary. You're probably going to have to live with it until your state's statute of limitations runs out (4-7 years depending on the state, usually) or you're forced to pay if you obtain a loan as mentioned above.

But unless you get a summons to court, which is highly unlikely, particularly if the debt has already been sold to a collection agency, you have nothing much to worry about. If in the unlikely event you get a summons your best bet at that point is to call them up immediately and offer them something like $100 to end it without going to court. They will agree 99% of the time.

 

[White92]

I could see a business sue over it. Cost doesn't really matter. When I worked in the insurance business, we would deny $1,000 worth of medical bills knowing full well that they aren't related to their auto accident. Also knowing that people would sometimes sue us over it. It would cost us a ton of money to defend. Sure, it would have been cheaper to just pay it in the first place, but that's not the point.

 

[robr]

Same thing happened to me, they turn it over to a collection agency, they don't sue. I tried dealing with the gym and the collection agency, sending them copies of MA law and my contract and proof I had moved to try to get out of the debt, they didn't care. I finally drafted a legal letter and had our corporate attorney put it on his letter head and sign it and they went away very quickly. It took close to a year to resolve though.

 

[NSXDreamer2]

I hate to say that, I had a simular situation with a tow company, they are collecting money from a wrong guy. Needless to say, I refused to pay, they sent to collection, and those SOB just sending it to ding my then perfect credit. But I would say, for $400, you could spend more with your attorney's letter. If they ever sent it to collection agency. It's OVER no matter how right you are, get ready to suck up and pay. (most agency is opened to negotiate though)

 

[KooLaid]

Go corporate. The big hand should be able to send the squeeze on the franchisee if they agree with you.

 

[naaman]

Well, I emailed the customer care department through Gold's Gym website. I hope they at least answer me. If I don't here from them in a couple days, I'll go see if JAG can do anything for me, or at least point me in the right direction.

 

[KooLaid]

I remember something being mentioned about our JAG, that they can help in matters concerning the military but they can't do anything about issues like what you're going through. I don't remember exactly, but I wish you luck.

 

[NSXGMS]

I could see a business sue over it. Cost doesn't really matter. When I worked in the insurance business, we would deny $1,000 worth of medical bills knowing full well that they aren't related to their auto accident. Also knowing that people would sometimes sue us over it. It would cost us a ton of money to defend. Sure, it would have been cheaper to just pay it in the first place, but that's not the point.

True, but the policyholder would lose that case. The insurance company's decision is rock solid and no one in their right mind would sue them over it. It's essentially fraud anyway. Who would want that aired in court?

A business can't give in just because proving they're right would cost money to defend if they are sued. But it's apples and oranges IMO. You're talking about a company being sued, not a company suing a customer. In that case I completely understand the company's decision. No company would spend thousands actively suing a customer only to be awarded a fraction of that.

 

[DubaiRich]

I'm going to send them an email, but there's not much I can do from Iraq... They may have to wait till I get home.

In any case, I'm going to try and work it out so that all this interest get's removed and maybe get them to "settle" for something more appropriate to the situation...

You should try to seek relief under the Soldiers and Sailors Act. Speak to your legal officer on the base.

 

[nsxotic911]

You should try to seek relief under the Soldiers and Sailors Act. Speak to your legal officer on the base.

That's what I am thinking... there should be limited legal actions someone can take against you when you are say, serving your country overseas!

 

[davidf]

Just send them a check..............................like thishttp://www.nsxprime.com/forums/showthread.php?t=105729:biggrin:

 

[davidf]

http://www.nsxprime.com/forums/showthread.php?t=105729

 

[Commander]

If you are an active military duty soldier in Iraq deployed than you need to notify them because by law (this refers to the "Soldiers and Sailers Act") they can't do anything to you while your deployed. On the other hand though, you need to make sure they didn't file charges against you because that can hurt your military career, if so consult JAG immediately, they will assist you even though you might have heard horror stories about them. Now if your a contractor and in Iraq by choice even if it's based on your employment than you have to take care of the issue on your own and there is no delay to them pressing charges or anything because you can go home anytime you want.

I would speak with the lawyer they hired to make sure they haven't reported you to the credit bureau; you would be lucky if it is a lawyer and not some stupid collection agency which will be no help at all. If they have reported you to a collection agency ask that they remove the submittion (yes they can do this, Gold's gym just has to tell them they agree to it since they filled the claim) and to update to all three agencies at which point as hard as it is to swallow - pay the $400 bucks and never use a golds gym again - you didn't loose principle, you just took care of the problem so you can move on.

Might also want to remember in the future to always get a transfer authorization in writing from whoever it is that is stating you can transfer such as a copy of the company policy. The YMCA as an example recognizes member transfers but only if you provide proof that you are/were a member, they don't even like to call and they want you to start paying them not the previous place.... Its easy for some but most of the time it's a pain in the a$$ for most everyone.

You have better things to worry about in Iraq, I know since I spent over two years in country.

Goodluck....

I'm going to send them an email, but there's not much I can do from Iraq... They may have to wait till I get home.

In any case, I'm going to try and work it out so that all this interest get's removed and maybe get them to "settle" for something more appropriate to the situation...