Consumer complaint received 2023-07-07
Company: Aldous & Associates, PLLC
State: TX
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Aldous and Associates are using false, deceptive, or misleading representation or means in connection with the contract with Dynamic fitness. They are knowingly misrepresenting the debt they are collecting and the contract. Upon request by XXXX XXXX for validation of debt, the original contract, and XXXX XXXX XXXX XXXX XXXX # XXXX was sent to his mailing address. The contract clearly states a term of 12 months and 24 payments of {$5.00} that begins XX/XX/XXXX and expires XX/XX/XXXX. The contract is also clear that if there are any changes made in terms of this contract an email notifying of such changes will be sent to the email address provided on the agreement or notice will be sent to the mailing address provided on Club agreement. 
Varies changes were made to this contract with no proof of any notice being sent to XXXX XXXX. In addition, there is no explanation of how the {$150.00} was incurred. This material misrepresentation has been brought to the attention of Aldous and Associates, through certified mail requesting they correct this error and inaccuracy, and at this point they are knowingly misrepresenting the contract causing harm and damage to XXXX XXXX. 
Changes made to contract without notifying XXXX XXXX breaching contract and making contract VOID : 1. Your Membership Begins XX/XX/XXXX, and Your Membership Expires XX/XX/XXXX ( Membership Privledges, Notices, Disclosures & Agreements # 1 and # 2 ) 2. Renewal rate for Membership {$0.00}, Dynamic fitness charged XXXX XXXX a renewal rate of {$54.00} on XX/XX/XXXX, without notice or a new agreement ( Membership Privledges, Notices, Disclosures & Agreements # 12 ) 3. If any changes are made to terms of this consent, an email notifying you of changes will be sent to the email address provided by You on the face of Your Club Agreement or, if an email is not provided, notice will be sent to the mailing address provided on your club agreement. 
XXXX. First and last month dues were paid up front on XX/XX/XXXX when XXXX XXXX signed up for the membership. Dynamic fitness charged him again the last months dues on XX/XX/XXXX. ( Member : XXXX XXXX XXXX Membership Privledges, Notices, Disclosures & Agreements # XXXX ) XXXX XXXX has requested proof and explanation of the {$150.00}, and that has not been provided. Aldous and Associates have not reinvestigated the matter. XXXX XXXX does not owe this debt, and this is fraudulent. Aldous and Associates have an obligation to not use deceptive practices and to remove inaccurate information from the credit file. Reporting this inaccurate information is a violation of the FCRA. XXXX XXXX was in the process of purchasing a home when Aldous and Associates fraudulently reported inaccurate information on XXXX XXXX credit file without proper investigation This has caused XXXX XXXX damages which he will be seeking compensatory damages and rescission. 

Notice of Breach of Contract Voiding Contract and Contesting Debt validation was mailed to Aldous and Association on XX/XX/XXXX. That letter is attached. Also, attached is the contract and Invoice to show the breaches of contract as listed.

Company response to consumer: Closed with explanation