Consumer complaint received 2023-02-25
Company: Aldous & Associates, PLLC
State: UT
Product: Debt collection
Sub-product: Other debt
Issue: False statements or representation
Sub-issue: Attempted to collect wrong amount

Complaint:
After having five paid personal training sessions canceled by XXXX XXXX with no remedy to address my paid sessions that were cancelled at my expense I cancelled my membership with XXXX. It was a month to month membership as stated in the contract. I attempted to get a refund for the five personal trainer sessions that XXXX XXXX cancelled, they ignored all requests. They continued yo call and harass me for payment when no services were being provided by them and the month to month membership was cancelled. At some point they sent it to Aldous and associates. Aldous falsely reported to the credit bureaus that I owed {$3000.00}. After filing a complaint here, I is clear the neither CFPB or Aldous even looked into this AT ALL! Aldous sent me a copy of the contract which I will attach here. In the contract I found the following : XXXX. The listed price for a one person membership is either {$9.00} or {$21.00} and XXXX was charging me {$37.00} plus tax for a total of {$40.00}. 

XXXX. It states that " my failure to not regularly attend does not relive me of my obligation " yet it was XXXX that cancelled five personal trainer appointments then fired my personal trainer. I was never reimbursed for the cancelled appointments. 

XXXX. It talks about collection fees " by not limited to.. '' I don't know what " by not limited to '' means. 

XXXX. " For value received I/we promise to pay ''. No value was received, half my personal trainer appointments were cancelled and I had no reason to believe that would not continue. They made no resolution to cancelled appointments and no person in their right mind would continue to pay for services not received. 

XXXX. The contract is for a one month membership. 1 MONTH. There is no where in the contract that states otherwise. It's not a 12 month contract, not a 2 year contract... it is month to month. 

XXXX. After the initial one month membership it changes to a month to month to month basis. 

XXXX. They ask for a written one month cancelation notice. After five cancelled appointments I contacted XXXX in person, and by phone with my intent to cancel due to non performance on their part. I contacted paramount acceptance by email and text message. I also requested both parties refund the money I paid for personal trainer sessions that were cancelled by XXXX. Neither party, XXXX or XXXX would give me a response to this issue. 

XXXX. In the letter written to me by Aldous they asked me to provide additional so they may correct the matter. All information as stated above is in the contract that Aldous also sent me but clearly did not read. 

XXXX. The letter states they may report my XXXX fitness account to credit bureaus. Which they did, without cause as a month to month contract would be assumed cancelled after the first month of non payment with or without written notification. Let alone the fact that XXXX was indeed notified, and XXXX in fact caused the situation to become null and void due to their failure to provide the services I was paying for. I was not paying a membership fee to attend the gym on my own, I was paying the fee because it was required to see a personal trainer at their facility. They failed to provide the personal trainer and still took my money for him. 

XXXX. In their own letter Aldous admits that they have no knowledge of any circumstances and yet they still falsely report to the credit bureaus an outrageous amount af money that in all of this no party has ever showed justification or how they possibly come to the amountvof {$3000.00}. Adous states in this letter " At this time n attorney with this firm has personally reviewed the particular circumstances of your account. '' That statement is clearly true. 

XXXX. Finally, I would like to understand how a contract stating I signed up for a membership that should cost either {$9.00} or {$21.00} results in a charge of $ XXXX/month. Furthermore, how $ XXXX/month, on a month to moth basis can result in a collection amount of {$3000.00}? That equates to 75 months at {$40.00} per month. The contract states what it states and clearly all claims made by Aldous and XXXX are false.

Company response to consumer: Closed with explanation