Consumer complaint received 2022-11-01
Company: Aldous & Associates, PLLC
State: UT
Product: Debt collection
Sub-product: Other debt
Issue: Took or threatened to take negative or legal action
Sub-issue: Threatened or suggested your credit would be damaged

Complaint:
On XX/XX/2022, I signed a 12-month personal training class with my personal trainer XXXX in XXXX XXXX. The personal trainer and I had a verbal agreement that if I sign up for a 12-month class, I would be able to cancel at any time after having paid 3 months of class. Additionally, he stated that if I sign up for the 12-month class, he would waive my cancellation fee. The personal trainer did not give me a copy of my contract on the first day of signing up. I prepaid 2 months of class on the first day of signing up. 

On XX/XX/2022, I told my trainer XXXX that I wanted to cancel the class in person ( Verbally ), and he agreed to cancel the class for me. On XX/XX/2022, I texted the trainer to follow up on said cancellation. The personal trainer did not respond to my message, but he verbally recognized the cancellation message and agreed to cancel it for me. 

On XX/XX/2022, I noticed that I was charged for {$420.00} for the XXXX month class. I came to the personal trainer in person and asked why I was charged. He said it was a system issue and would give me a refund since I canceled the class. However, he did not give me my refund after that. So, I disputed the {$420.00} with my Credit Card XXXX XXXX, and XXXX returned the {$420.00} back to me. 

On XX/XX/2022, the class ended based on the verbal agreement ( 12 month-contract canceled after 3 months class paid ) between me and my trainer XXXX. But during the 3 months, the personal trainer did not fulfil his obligation for the full classes I prepaid due to his suffering of a personal injury. I prepaid 3 months of classes, totaling {$1200.00} and I have receipts for that. 

On XX/XX/2022, I received a letter from a debt collection firm called Aldous & Associates, P.L.L.C. saying that they are collecting the debt of {$3800.00} on behalf of XXXX XXXXXXXX. I sent Aldous & Associates a dispute letter of {$3800.00} because it is not my debt and I don't even know how the number is calculated. I told them I already canceled the training with my trainer and I don't owe the contract anymore, and I gave them the message screenshots of the cancellation between me and my trainer, and all of the receipts I had paid. 

On XX/XX/2022, Aldous & Associates sent me my contract with XXXX XXXX and still collecting the debt on behalf of XXXX XXXX. They threaten me that if I don't pay the debt, it will affect my credit report. 

It is not reasonable for the trainer to continue to charge my account without his fulfillment of training services, and we already agreed to cancel the class on XX/XX/2022. It is a fraud that the trainer misleading customer to sign a contract and verbally agreed to cancel without any action and the trainer never responds customer 's attempt to contact and XXXX XXXXXXXX uses a debt collection firm to threatening customer to pay the money with affecting credit report. 

I reached out to the personal trainer many times to confirm my cancellation through written messages and in person conversation. The personal trainer acknowledged my message but never replied back. Each time when I ask for cancellation in person, the personal trainer said he saw my message and he will cancel it for me and he told me he can handle it but he never takes any action. I tried my best to cancel the class but he never picked up my calls or replied to my message or gave me a cancellation form to fill. Everything he promised is verbally in person. He did not leave any written evidence. It is a fraud to deceive a XXXX  customer who just got out of XXXX without any experience and misled me to sign the contract without giving me a copy of the contract. Everything about the cancellation is verbally and not stated in the contract. The trainer pretended to agree but ignored my request to cancel the class. The trainer misleads me to believe I had already cancelled the class. But XXXX XXXXXXXX asked Aldous & Associates, a debt collection firm to collect the money on behalf of them. The Aldous & Associates threaten me to pay the debt, otherwise they will affect my credit report. I tried my best to dispute and sent them the evidence, but they are still collecting on behalf of XXXX XXXX. The personal trainer and XXXX XXXX deliberately did not cancel the class for me. I am seeking help to complain about this fraud.

Company response to consumer: Closed with explanation