Scism & Son Paint & Body Shop, Inc.

I am writing in regard to case #[redacted]. I would first like to take this opportunity to thank you for allowing me to respond to Mr. [redacted] complaint. We strive to respond and resolve as many issues as possible. We obviously were not able to do so with Mr. [redacted].It is common in...

our business practice to have members who have to move from time to time. We have a very clear clause, written by our club attorney. In our contract stated under paragraph 7: If a member moves permanently to a location that is more than 25 miles from the Corpus Christi Athletic Club, that member may request in writing to be relieved of any obligation to make any remaining payments, proof of relocation; and return all membership cards. Members will be charged a $75 cancellation fee in the event of cancellation under this provision. Member may resign at any time after expiration of contract renewal date with a 30 day written notice; otherwise membership will continue at prevailing rates.On 6/16/16 Mr. [redacted] entered and signed a 12 month contract which expires on 7/1117. Therefore, he is legally obligated under our contract to pay the $75 cancellation fee.On 11/11/16 Mr. [redacted] left a message on our Member Services voicemail and stated he wanted to terminate his membership. On 11/11/16 at 2:46 p.m. our CCAC Membership Representative returned the phone call and left a message on Mr. [redacted] voicemail explaining our procedure. The notes were documented as follows: I left the following message on Mr. [redacted] Voicemail. Mr. [redacted] we received your message to terminate your membership, however, you are still under contract and we require a proof of relocation in order to terminate. There is a $75 cancellation fee and a 30 day written notice is required. Please send us proof of relocation as we requested and how you want to pay the cancellation fee".On 12/19/16 at 7:56 p.m., our Membership Director received an email from Mrs. [redacted], (who is on Mr. [redacted] account) in regard to the cancellation of their membership. At this point we still had not received the proof of relocation that is required to cancel the legally binding contract.On 12/20/16 at 10:56 a.m. our Membership Director responded after researching the account via email stating we are still unable to break the contract without a proof of relocation.On 12/20/16 at 11:42 a.m. [redacted] responded in writing via email the following and I quote: You have no right to charge me for a service I cannot use. That is normally called theft. I also paid for a number of personal trainer classes I was no table to use up before I left, and this comes at no cost to you which again is dishonest for you to not refund. I am obviously in TN and refuse to pay for this club and demand my dues be refunded. I am not sending a 30 day notice now because this would imply you were not notified any earlier than today.If you don't correctly you can expect a complaint with the Revdex.com. Remember a satisfied customer tells one person but a dissatisfied customer tells 10 and I have numerous friends that attend CCAC.This is how I email now.On 11/20/16 at 2:10 p.m. our Membership Director received a proof of relocation from a rental agreement, which doesn't begin until 11115/16. It is our practice to confirm and communicate when we receive documentation, therefore, our Membership Director responded via email, the following, and I quote:[redacted],Thank you that is what we needed to terminate the contract. We will terminate your contract due to relocation, effective 1-1-17. How did [redacted] want to pay the termination fee that is owed, per contract? We wish you and [redacted] the best in [redacted], [redacted].On or around 11/20/16 I received a disturbing voicemail on my recorder, Mr. [redacted] demanded two months dues refunded, and a refund for unused personal training. I investigated the account and to try to make Mr. [redacted] happy, I waived the December dues of $98.51, therefore waiving the 30 day written notice. After charging the $75 cancellation fee plus tax of $81.19 we owe him a credit refund of $17.32. I contacted him on the contact number he provided on my voicemail stating I waived the 30 day notice, credited $98.51 towards December Dues and after charging the cancellation fee we owed him $17.32. I asked him to call me back and let me know how he wanted the refund, check or credit card. As of today, I have never heard back from Mr. [redacted].We have been in business for over 30 years, and we have cancellations every month. We normally don't have a problem, however, we do follow proper protocol for our legally binding contracts. Mr. [redacted] not only did not return two of our phone messages, but on three different occasions didn't provide the proper paperwork required to cancel the contract. This could have all been avoided if he would have provided relocation proof as we requested several times.Thank you for your time on this matter, and we will continue to strive to deliver and assist customers as best we can with their membership situations.

Complaint: [redacted]
I am rejecting this response because:
Regards,
[redacted]what the manager said is a LIE....not only did I NOT call her DEMANDING 3 months of dues and training fees...but we DID provide them with proof of moving....this is aggravating...this case is closed but lying to you on their end is not acceptable!