Consumer complaint received 2015-03-24
Company: Jim Bottin Enterprises, Inc
State: FL
Product: Debt collection
Sub-product: Other (i.e. phone, health club, etc.)
Issue: Cont'd attempts collect debt not owed
Sub-issue: Debt is not mine

Complaint:
XXXX initially signed me up before they opened, it was around XXXX. They were supposed to open in XXXX, THEY NEVER DID. I was told they needed my credit card information for their records, just in case I broke equipment or things of that nature. They advised I would have a fee of {$10.00} and an initial fee, which I could come in and pay. I attended for about a month, they NEVER CHARGED ME, I inquired why not, they advised they would charge me in XXXX that my credit card would n't be charged I could come in and pay it. Low in behold I moved, I never received notice of when they would charge my charge, something was wrong with their email, it was really new and they were still building the facility, in the meantime we could use a smaller facility. I ended up moving. I received a call in XXXX from a collection agency that stated that I owed money to the establishment. I advised they were to cancel the service that I did n't know they were billing me for and remove the balance. I am sure they are supposed to notify you of any late fees, and billing me. I got nothing but a phone call that stated I owed XXXX dollars. I contacted XXXX XXXX, who acted like I was lying and decided that even though I did n't know it was a recurring charge billed to a card I reported lost, that I was still obligated to pay. I advised I emailed mailed them to cancel the contract. He advised that they do n't accept emails. According to the contract, any written notice is sufficient. IT DOES NOT SPECIFY A LETTER. I refuse to pay for services that I never received. The balance last that I heard I allegedly owed {$220.00}. XXXX offered to refund {$45.00} dollars for late fees. I declined because had I known they were charging me, IF NEVER WOULD HAVE BEEN LATE. I ADVISED YOUR REPRESENTATIVE FROM THE BEGINNING I DID NOT WANT ME CARD CHARGED THAT I WOULD COME IN AND PAY, IT IS NOT MY FAULT YOU CA N'T ESTABLISH WHEN EXACTLY YOU WOULD BE PREPARED TO CHARGE ME. The monies paid to your company were taken under false pretenses. False pretense is legal defined as follows : Under common law, a defendant commits the crime of false pretenses when by making an intentional statement with intent to defraud the victim he obtains title to the personal property and or monies of the victim. Under common law, collusion is an agreement between XXXX or more parties, sometimes illegal and therefore secretive, to limit open competition by deceiving, misleading, or defrauding others of their legal rights, or to obtain an objective forbidden by law typically by defrauding or gaining an unfair market advantage. Collusion and fraud of every kind, impair all acts which are a part of them, and render them void! Consider our contract voided. This has got to be illegal, please investigate XXXX XXXX XXXX XXXX, XXXX XXXX Florida. This has got to be some unethical business practice. I demand a full refund, you representative gave me misleading information, had I known the truth I never would have agree to sign up.

Company response to consumer: Closed with explanation