Clayton, Myrick, McCLanahan & Coulter, P.L.L.C. Reviews (2)
Collection notice from Internal Credit SystemsI was a previous member of [redacted] in Asheville, NC. I cancelled my account with [redacted] financial via email which is what I was told I could do. I was to make one last payment in December 2015 but my card declined. I was not able to contact anyone for 2 months because of medical reasons but when I was able I called both[redacted] and [redacted] financial concerning the fees I owed they stated I did not owe ANY money to them at all and was not told they my account was reported to a collection agency. I called [redacted] several times and spoke to the Gym representative and was informed I do not owe them any money nor do I owe [redacted] financial any money. I keep receiving notices from this law firm and when I have tried to call the number no one answers and states the mailbox is full. I think this is a scam to try to get money from people. I don't understand how a $30.00 balance ends up being $215.00 when I followed the proper protocol to take care of the matterDesired SettlementTo stop harassment of sending letters making threats when clearly I do not owe any money to anyone. Business Response [redacted] was the company that sent his account to us. Whenever you cancel you are responsible for any payments that falls within that 30 day period. If you do not pay that balance, your account will not cancel and therefore, your membership is resumed. After 90 days, the gym will send your account to collections for 3 monthly dues, 3 late fees, and 3 service fees. We have not heard from the gym regarding your account with no balance. Therefore, your balance is still due and enforceable. Consumer Response This is the email I received from[redacted]. so I do not owe anything!Dear [redacted], Re: [redacted] Account# XXXX-XXXXX Your account has been set to cancel per the terms of your agreement. You are responsible for a 30 day written request (this has been fulfilled via your email) and any payments that fall within that time period. Your final payment will draft on 12/28/15. You will have club access until 1/27/16. [redacted]Customer Care Offline Processor[redacted], Inc.Customer Care: [redacted]Email: [redacted]Website: Mailing Address:[redacted]Final Business Response The email you sent shows your final draft date of 12/28/2015. You never paid that amount. Unless you have bank statements showing you paid your outstanding balance that was due 12/28/2015, your account was not cancelled in accordance to the contract. Please forward payment to the address on your letter.
Unfounded debt harassment & threats from law firm representing [redacted] agency for [redacted]
I signed a one year membership contract with [redacted] on 5/1/2011. That contract was for one year, for me and my wife, and stipulated that I pay them $49.99/month. The contract expired on 5/1/2012. It had a section that basically stated that after the initial contract period expired, that it would be automatically renewed on the basis that it could be cancelled at anytime provided I sent a 30 day written notice. A place in that section was provided for the member to initial. I DID NOT INITIAL THAT SECTION OF THE CONTRACT. A further section of the contract stated, "To cancel this contract, you (the buyer) must provide a written notice via certified mail to _______________. Upon receipt of your letter, the request will be processed and you will be notified of your final billing date." That section of the contract for filling in where the 'certified letter' was to be sent was NOT FILLED IN.
I believe I am being hounded and harassed for a bill I do not owe. I believe I do not owe anything for the following reasons.
1) I called [redacted] after 5/1/2012 (the intial contract period had expired) and asked them to cancel the contract. They told me that I was on a month to month arrangement and could cancel at any time. I asked them to stop deducting the monthly fees from my credit card.
2) After several months [redacted] had not stopped deducting from my credit card so I called them again and asked them to stop. I am not 100% sure of what they said but I believe they reaffirmed that I was on a month to month and could cancel at any time.
3) I never did sign or initial in the space indicated for such in that section of the contract that stated that cancellation required a letter. The owner of the [redacted] gym where I initially joined but an "x" in the space for my initials.
4) The section of the letter telling where a "certified" cancellation request had to be sent was never filled in by the gym owner. Even if I had initialed the above section, I was not provided with a place to send a certified letter.
5) The requirement that a letter be sent to cancel a month to month contract constitutes an unfair burden. It is clearly there to allow the company to draw out funds from people for as long as possible.
6) That section of the contract that states, "after receipt of your letter, the request will be processed and you will be notified of your final billing date" is GROSSLY unfair. There is NO stipulation guaranteeing how long it will take [redacted] to "process" such a letter, nor is there any stipulation limiting [redacted] to any reasonable "final billing date". Under this clause, [redacted] is basically claiming the right to continue billing someone forever.
I have done some research online of [redacted] and found that complaints such as mine are very commonplace. As I suspected, several complainers/past members said that even after they sent a certified letter requesting cancellation, [redacted] kept deducting fees from their credit cards for month after month.
In my case, I finally had to cancel my credit card completely to get them to stop deducting funds from my credit card. This caused me no small amount of inconvenience, but it was worth not paying for a service I was no longer using.
I respectfully request that you contact the law firm of [redacted], Myrick, etc., and censure them for unfair collection practices and harassment. I also request that you file a complaint against [redacted] XXXXX, the designated billing company for "[redacted]".