Dear Sirs, Please use this letter as our response to the above referenced complaint originally submitted by Mr. [redacted] and received in my office by email. To summarize the complaint: Mr. [redacted] states he has attempted to cancel his membership several times by fax, and has been...
continually charged for his membership after cancelling his credit card with his bank. To summarize the documented facts and chronology: February 28, 2015: Mr. [redacted] entered into a 24-month Term Membership Agreement with Bailey’s Gym, Inc. The Membership Agreement (see attached), which was acknowledged by signature and provided to Mr. [redacted] upon sign up, stipulates a monthly rate of $37.48 to be paid in concurrent monthly installments beginning March 14, 2015. There are two valid reasons for cancellation while under contract, RELOCATION or MEDICAL. The RELOCATION clause states, “Cancellation under this section is effective and binding on the Seller only when in writing and signed by an authorized representative of the Seller a minimum of thirty (30) days prior to the desired date of cancellation. All relocation cancellations shall be subject to a fifty ($50.00) dollar cancellation fee. It is the member’s responsibility to provide cancellation criteria within thirty (30) days of cancellation. No refunds of membership time or money shall be due for any service available or rendered prior to the written date of cancel notification and if applicable, the acceptance of all supporting documentation, to Bailey’s Gym, Inc.” January 29, 2016: Mr. [redacted] contacted our corporate office via email to inquire about cancelling his membership due to relocation for work purposes. Detailed instructions were provided to Mr. [redacted] via email. Instructions included notice that a written request to cancel and proof of relocation must be submitted to our corporate office. Our corporate office mailing address and fax number were also provided. March 18, 2016: Mr. [redacted] contacted our corporate office by email stating he had provided his cancellation request by fax and felt that his request was being ignored. Unfortunately, our corporate office has no record of the fax referenced in Mr. [redacted]’s email. In response, we requested that Mr. [redacted] provide a copy of his fax confirmation page, including his original documents for review. Mr. [redacted] did not respond, nor did he provide a copy of the original documents for review. April 14, 2016: Mr. [redacted] credit card information was updated via the Credit Card Updater service offered through [redacted] (our banking institution) and [redacted]. This service provides updated account information for our customers, including updates to the expiration dates of an existing card, or the issuance of a new card number associated with an existing account. Following receipt of updated information, and due to Mr. [redacted] non-payment, the outstanding balance of $47.48 was successfully processed; comprised of Mr. [redacted]’s April 2016 dues and a $10.00 credit card decline fee. May 16, 2016: Mr. [redacted] contacted our corporate office by phone inquiring about his membership. Mr. [redacted] was informed that our records showed no record of a fax or related documentation. Mr. [redacted] was once again asked again to locate his original fax confirmation page and provide it to our corporate office for review. A follow-up email was sent to Mr. [redacted] advising that he could reply to the correspondence with requested documentation attached. Once again, no additional documentation was provided by Mr. [redacted]. At the time of this correspondence, Mr. [redacted] account has been reviewed by Senior Management. As a courtesy, we have processed Mr. [redacted]’s cancellation request and waived the required 30 day notice; with a final draft date of July 14, 2016. According to the Membership Agreement, the required Relocation Fee of $50.00 has been applied to Mr. [redacted] billing account, resulting in an outstanding balance of $49.50 following available credits. Mr. [redacted] must submit sufficient proof of relocation no later than August 14, 2016. Should Mr. [redacted]’s fail to provide the required proof of relocation as stipulated above; then, in accordance with the ACCELERATION OF PAYMENTS clause of the Membership Agreement, the remaining contractual liability will be applied to Mr. [redacted]’s account and will become due immediately. Should this occur and no further payment is made by Mr. [redacted], the account will be subject to further collections efforts by a third party collection agency. We regret that Mr. [redacted]’s has been unsatisfied, however, we must abide by the terms of the Membership Agreement and Mr. [redacted]’s has yet to provide proof of any prior submissions of his cancellation request or proof of relocation. It is our sincere hope that he will provide the required proof of relocation promptly so that we may resolve his account in a mutually agreeable manner. The language in the Membership and Billing Agreement has been approved and is clear and proper as required by our regulatory agency, The [redacted]. We feel that we have abided by the agreement set forth by both parties and that no further action is required. We sincerely apologize for any inconvenience caused to Mr. [redacted] and thank the Revdex.com for their moderation in this case. Sincerely, [redacted]Bailey’s Health & Fitness Enclosures
Dear Sirs, Please use this letter as our response to the above referenced complaint originally submitted by Mr. [redacted] and received in my office by email. To summarize the complaint: Mr. [redacted] states he has attempted to cancel his membership several times by fax, and has been...
continually charged for his membership after cancelling his credit card with his bank. To summarize the documented facts and chronology: February 28, 2015: Mr. [redacted] entered into a 24-month Term Membership Agreement with Bailey’s Gym, Inc. The Membership Agreement (see attached), which was acknowledged by signature and provided to Mr. [redacted] upon sign up, stipulates a monthly rate of $37.48 to be paid in concurrent monthly installments beginning March 14, 2015. There are two valid reasons for cancellation while under contract, RELOCATION or MEDICAL. The RELOCATION clause states, “Cancellation under this section is effective and binding on the Seller only when in writing and signed by an authorized representative of the Seller a minimum of thirty (30) days prior to the desired date of cancellation. All relocation cancellations shall be subject to a fifty ($50.00) dollar cancellation fee. It is the member’s responsibility to provide cancellation criteria within thirty (30) days of cancellation. No refunds of membership time or money shall be due for any service available or rendered prior to the written date of cancel notification and if applicable, the acceptance of all supporting documentation, to Bailey’s Gym, Inc.” January 29, 2016: Mr. [redacted] contacted our corporate office via email to inquire about cancelling his membership due to relocation for work purposes. Detailed instructions were provided to Mr. [redacted] via email. Instructions included notice that a written request to cancel and proof of relocation must be submitted to our corporate office. Our corporate office mailing address and fax number were also provided. March 18, 2016: Mr. [redacted] contacted our corporate office by email stating he had provided his cancellation request by fax and felt that his request was being ignored. Unfortunately, our corporate office has no record of the fax referenced in Mr. [redacted]’s email. In response, we requested that Mr. [redacted] provide a copy of his fax confirmation page, including his original documents for review. Mr. [redacted] did not respond, nor did he provide a copy of the original documents for review. April 14, 2016: Mr. [redacted] credit card information was updated via the Credit Card Updater service offered through [redacted] (our banking institution) and [redacted]. This service provides updated account information for our customers, including updates to the expiration dates of an existing card, or the issuance of a new card number associated with an existing account. Following receipt of updated information, and due to Mr. [redacted] non-payment, the outstanding balance of $47.48 was successfully processed; comprised of Mr. [redacted]’s April 2016 dues and a $10.00 credit card decline fee. May 16, 2016: Mr. [redacted] contacted our corporate office by phone inquiring about his membership. Mr. [redacted] was informed that our records showed no record of a fax or related documentation. Mr. [redacted] was once again asked again to locate his original fax confirmation page and provide it to our corporate office for review. A follow-up email was sent to Mr. [redacted] advising that he could reply to the correspondence with requested documentation attached. Once again, no additional documentation was provided by Mr. [redacted]. At the time of this correspondence, Mr. [redacted] account has been reviewed by Senior Management. As a courtesy, we have processed Mr. [redacted]’s cancellation request and waived the required 30 day notice; with a final draft date of July 14, 2016. According to the Membership Agreement, the required Relocation Fee of $50.00 has been applied to Mr. [redacted] billing account, resulting in an outstanding balance of $49.50 following available credits. Mr. [redacted] must submit sufficient proof of relocation no later than August 14, 2016. Should Mr. [redacted]’s fail to provide the required proof of relocation as stipulated above; then, in accordance with the ACCELERATION OF PAYMENTS clause of the Membership Agreement, the remaining contractual liability will be applied to Mr. [redacted]’s account and will become due immediately. Should this occur and no further payment is made by Mr. [redacted], the account will be subject to further collections efforts by a third party collection agency. We regret that Mr. [redacted]’s has been unsatisfied, however, we must abide by the terms of the Membership Agreement and Mr. [redacted]’s has yet to provide proof of any prior submissions of his cancellation request or proof of relocation. It is our sincere hope that he will provide the required proof of relocation promptly so that we may resolve his account in a mutually agreeable manner. The language in the Membership and Billing Agreement has been approved and is clear and proper as required by our regulatory agency, The [redacted]. We feel that we have abided by the agreement set forth by both parties and that no further action is required. We sincerely apologize for any inconvenience caused to Mr. [redacted] and thank the Revdex.com for their moderation in this case. Sincerely, [redacted]Bailey’s Health & Fitness Enclosures