Get Started for a Free Consultation!


Debt Destroy

Will You Pay A Debt That You Didn't Use?


sophie_dfuss Rep Points: 2,445
Posted on March 29, 2009 at 3:54 am
This situation happened to me 2 years ago. I used to have a gym membership with Fitness First. I have signed a contract which was for 1 year. Suddenly, my current employer that time has required 2 hours mandatory overtime to all employees --everyday.  I have stopped going to the gym because of that.  I have used my gym membership for two months only (I don't have much time for myself because of that overtime) but those were paid. After 6 months, I received a debt collection letter from Fitness First amounting of more than 16,000pesos!  The reason why it happened was, I didn't go to the gym to cancel my 1 year contract to them that accumulated the monthly charges even though I am not using it! So would you pay a debt that you didn't use? What will you do if you were in my case?                               

sophie_dfuss Rep Points: 2,445
Posted on March 29, 2009 at 4:05 am
I didn't go to the gym because they were also asking me to pay some pre-termination fees since I have not used it for more than one year.

woolford16 Rep Points: 2,160
Posted on March 29, 2009 at 5:16 am
you might be able to just pay for those two months you used, but i have never used fitness fighters. the problem is you bought a year of gym membership but just becuase you didn't go to it doesn't mean you don't have to pay for it.its like electricity in a way      i think!

sophie_dfuss Rep Points: 2,445
Posted on March 29, 2009 at 7:43 am
I didn't pay anything. After 2 months, I received another debt collection letter, they made the charges lesser which was around 9,000 pesos. I ignored it then after a month I receive a call from their debt collection agency lawyer, I told her that maybe she can pay it for me since I didn't use it and I don't have a job (I resigned due to sickness). I didn't hear anything from them ever again, hahaha!  

dexterous21 Rep Points: 600
Posted on March 29, 2009 at 8:55 am
Actually according the law, a contract is still a contract whether used or not. You're lucky they did not call you back maybe they did understand your situation.

highspirits Rep Points: 1,040
Posted on March 29, 2009 at 3:59 pm
Well if it was a contract than.. but the cancellation fee would have been definitely less than what has piled up. Hope you are able to sort it out soon.

zedlav23 Rep Points: 240
Posted on March 29, 2009 at 6:55 pm
I guess that is very typical but a very typically annoying situation. If that would be the case I think it would be best if you settle it with Fitness First, primarily because the membership you signed up with is subscription base and not per usage basis. Second thing is the fact that you have attached you signature in a legally binding contract. But of course they might also consider giving you some discounts as most companies actually do to win you back in the future.

pinl Rep Points: 1,610
Posted on March 31, 2009 at 7:23 am
So you found a solution to your problem atleast partially and lately but in most of the cases it happens that they will collect complete amount even if you did not use the service.

apocalypsereturns Rep Points: 765
Posted on March 31, 2009 at 9:42 am
that is really good news ...finally they managed to find their way out this is one way to be stubborn (in a good sense ) and make the world go your way

roadkilldxh Rep Points: 160
Posted on April 1, 2009 at 2:22 pm
i would see about trying to negotiate something with the gym, not the collector.depending on the monthly cost of the gym membership, i would see if you could negotiate half of what was owed for the rest of the full year and have them wave the fees coz that amount seems ridiculous me.since you didn't use the membership, they shouldn't be charging you for something you didn't use but at the same time, you did enter in to a contract with them to technically you would be liable for the money.call the gym. try to negotiate something reasonable with them. thats what i would do. i wouldn't even deal with the collection agency.
Page: 1 2 3 4 5