Fitness Club Contract Breach
Description
| Law Type: | Business |
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| Location: | Brampton, Ontario | |||||||||||||||||||||||||||||||||||
| Specific Issue: | Breach of Contracts | |||||||||||||||||||||||||||||||||||
Case Description
Due to early billing on the fitness clubs part my bank account has incurred over $800 NSF fees. I have contacted my fitness location, customer service rep at my location, customer service supervisor at head office, owner, and database manager (whatever that is). The do not want to acknowledge that they did this and only offer me $106.25 + 2 months free time Credit applied on September 8th 2009. I have provided them with a 6+ page letter outlining the events and also attached spreadsheets and bank statements with the NSF charges. No one wants to do anything. I signed the contract on March 29, 2009 with the understanding that my payments come out on a certain day. I have filled out several request forms subsequent to my signing the contract. I have given the club until end of day today to help resolve this matter (i have all correspondence by email saved even the offer they offered to me. I was told that there is a clause in their contract that allows the fees to come out early. I have asked and have not received it. I was told that if an account is in arrears that fees can and will be taken out early. I asked if that could be done from day one of signing the contract and was told yes!! I plan to file a complaint with the Ministry of Consumer Business as well as take it to small claims court. I want to know if I really do have a case. I am married and have 3 kids and the 5 of us signed up for this gym and with the accumulation of NSFs I don't think I will be able to make it through the end of the month. I cannot afford a lawyer, I am looking for free advice.
Details
Case id : 009482
City : Brampton
Province : Ontario
Category : Business
Specific : Breach of Contracts
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