Consumer complaint received 2019-01-05
Company: Aldous & Associates, PLLC
State: NY
Product: Debt collection
Sub-product: Other debt
Issue: Written notification about debt
Sub-issue: Didn't receive enough information to verify debt

Complaint:
On XX/XX/XXXX, I have visited XXXX XXXX  located at XXXX XXXX XXXX, XXXX. I expressed interest in joining the facility. The attendant at the front desk employee took my information and gave me small membership card to join. I selected the $ XXXXmonth fee package to use the facility. I was informed that this is a month to month membership and I can cancel anytime. The front desk also offered me a free training session on that day. After the free training session, the trainer offered me to purchase more training session. With the suggestion of the trainer, I agreed to purchase 4 sessions for {$130.00} on the same day XX/XX/XXXX. On the following month on XX/XX/XXXX, I saw another charge of {$130.00} in my credit card for another 4 more training sessions. In total, I have paid for 8 training sessions. While 1 paid training session remaining unused, I informed the assistant manager of the facility on XX/XX/XXXX that I will not be using the facility anymore. Even after informing the facility, their system kept billing me and kept adding training sessions that I did not ask for and never used. Surprisingly, I received numerous calls from a collection agency on the week of XX/XX/XXXX. When I spoke with the agency on XX/XX/XXXX, the agency told me I owe money XXXX XXXX. After learning about this, I contacted XXXX XXXX on XX/XX/XXXX and spoke with the club Manager XXXX XXXX. While speaking with XXXX he informed me of a contract which I was uninformed of. After several requests, on XX/XX/XXXX, XXXX provided me a copy of that said contract which doesnt have my signature. Since XX/XX/XXXX, I have also requested copy of my usage and billing history which I did not receive. 

XXXX XXXX did not provide me with a copy of that said contract before XX/XX/XXXX. 

Without providing me a valid contract, the company kept adding charges for services that I had never asked for and I had never used. 

Without contacting me directly, XXXX XXXX, shared my information with a third party collection agency. 

The collection agency threatened to report me to credit bureaus and damage my perfect credit history. 

XXXX XXXX owes me a refund for the 1 session that I couldnt use due to scheduling conflict with the trainer. 

XXXX XXXX and its 3rd party collection agency is demanding payment for something I had never asked for and I had never used. 


The facts : 1 ) I had not received these contract from XXXX XXXX  directly from the time time I had started using the facility and to the period I had stopped using the facility. 

2 ) the signatures on the papers are not my signatures.

3 ) these charges were recurring training fees charges which I had never asked for and never used?

4 ) Neither XXXX XXXX not the collection agency provided me usage history even after multiple requests. Even before I had notified the front desk that I will no longer use the facility, I was charged for sessions for which sessions were not provided due to schedule conflict with the trainer. XXXX actually owes me money for those sessions that was not provided. 

4 ) If I want take this matter to the court, which court will have jurisdictions over this matter? I think the state AGs Office regulates the fitness clubs. But in case of I demand a trial, which court should I go to? Would you represent me in this case? 


No one reviewed the terms and no such phone call. Also they didnt give me copy of a contract. After I received call from collection agency, I called the facility and I told them that I was not aware of any agreement. Then the club manager XXXX told me that XXXX XXXX sent me copy of contract at my email at XXXX. But my email is XXXX. So XXXX thought they gave me contract even though they were sending it to the wrong address. 


XXXX  Calls me and emails me saying that XXXX will turn over this account to collection agency. How can XXXX do it when In fact XXXX already turned this over to collection agency before? I became aware of this balance from the collection agency.

Company public response: Company believes it acted appropriately as authorized by contract or law
Company response to consumer: Closed with explanation