Dallyon Center

September 8, 2014Dallyon Martial Arts[redacted]Dear [redacted],I know that you are aware of the situation with [redacted] refund request ([redacted] martial arts account). I wanted to follow up with you about a course of action for the refund. I wanted to make a few facts clear to you. I, [redacted] gave a 30 day notice in writing 4 years ago, and very clearly stated in your office that [redacted] did not like the program, and we wouldnt be renewing after second 6 month contract was completed. You are saying you do not have a record of this, but I know the truth. We have grounds to request a full refund, because I [redacted] signed the original contract. This means you have unlawfully withdrawn a monthly fee from [redacted] bank account without our knowledge. You have renewed the contract without authorization, since you didnt have her sign the original contract that authorizes the automatic renewals. I understand that you have full authority to request a full refund, based on my conversation with your payment processing company, and this is what we are asking you to do. I, [redacted] signed the original contract on March 26, 2009, and paid your signing fees at this time. Our 6 month contract then began April 20, 2009 and completed October 1st 2009. I, [redacted] agreed to another 6 month contract, which would have concluded our agreement on April 20, 2010. We are requesting $4,100.00, which equates to 50 months of unlawful charges. This money went undiscovered for so long because it was being withdrawn from a savings account.Im aware that there is a record of classes attended by [redacted] through your sign-in process, and that you visually recognized him while he was attending classes. After we stopped coming, and gave written notice we never received calls about missed classes in the past 4 years. We look forward to hearing from you soon and receiving our refund. Please make the refund out to [redacted]. Her mailing address is [redacted]; and my phone number is [redacted]. We will expect to receive the check within 2 business weeks upon receiving this certified letter, and or to receive a phone call within 2 business days if, for any reason the refund will not be processed in the two week time period. If you refuse to issue a refund we will be forced to pursue legal action.Regards,[redacted]Product_Or_Service: Martial ArtsDesired SettlementWe sent [redacted] the owner of Dallyon this letter above on September 6th. He sent a check for $170, and will not refund the money. I would like to see a refund check given to my mom [redacted] in the amount of $4,760.00.We appreciate any help you may be able to provide in this matter. Thank you [redacted]Business Response [redacted], In regards to your daughter's ([redacted]) membership at the Dallyon Center we have researched the account with the gym and the billing company and have not discovered any records of the cancellation of the membership. The Dallyon Center provides documentation online at www.dallyoncenter.com/cancel which emails the facility and also provides a letter of cancellation to be printed and signed with a 30 day written cancellation policy. The signed contract highlights the cancellation terms at the beginning of the membership. In addition to the internet access of that documentation there are signs within the facility to contact the billing company [redacted]. for any billing concerns or online at [redacted]. All members sign the contract that shows that the membership continues month to month after the term of the contract is met. This membership format is just like many gyms, including a large fitness gym that I'm part of. There is documentation of your contract on file that states the agreement of the EFT payments along with a voided check confirming permission to auto deduct the account. The facility has cancelled your membership as of 09/02/2014 at the phone request by you ([redacted]) even though there is still no signed document of the request. There are hundreds of customers and multiple instructors. There are some students that take several months off for other sports and activities, but still maintain their spot as a member. Also tracking of students is done by their own tracking performance worksheets or also train online. Federal Regulation E, regulates the time allowed for consumers to notify a dispute is within the 60 days of the transaction. Enclosed with this responds letter is a refund for those 2 months, at the $85 rate that you where paying, totaling $170. If you have any other questions or concerns feel free to contact us or you may contact your financial institution as well. Respectfully, Dallyon CenterConsumer Response (The consumer indicated he/she DID NOT accept the response from the business.)I [redacted] never signed a contract with Dallyon to remove money from my accout for years.The money was removed from my account for 4 years after my daughter ([redacted])took a handweritten letter in to cancel her sons ([redacted]'s)membership. [redacted] sat with this current owner [redacted] and explained why her son was discontiung. [redacted] acceopted her letter of discontinuing and never told her she needed any othr steps.At the time she had two very young children and accepted his word. He never contacted her again and when she wert back this year to explain to [redacted] about the mistake of continually accessing my ([redacted]'s) bank account,he recognized her and acknowledged that he had not seen [redacted] in 4 years, attending classes.[redacted] kept withdrawing money from my account which the bank has rcords of. I do not belive he deserves my money for no services rendered all these years Please proceed with any action to make this a equitable decision as I feel [redacted] is not acting in a professional manner and is not making a good and honest business deciosn . He should return my money.I believe he is quoting a technicality that legally would not stand up in court. My daughter was told differenlty in person by him. Sincerely, [redacted]Business Response Hello [redacted], In responds to your most recent letter. I've spoken to the federation group that has thousands of studio gyms around the world and the lawyers, to find out the responds to the issue at hand. The responds was the same. There is no written cancellation and the contract states the agreement that's on file with the void check for the payment access which is the same policy for all clients at all gyms. Many expenses are put out for each student position including insurance and without that written cancellation those expenses are still maintained monthly and yearly. Out of good faith we have sent you 2 months, at the $85 rate that you where paying, totaling $170.