Consumer complaint received 2021-02-12
Product: Debt collection — Other debt
Issue: Attempts to collect debt not owed — Debt is not yours
Company: Jim Bottin Enterprises, Inc (NY)

XXXX XXXX in XXXX, NJ has sent a collection service against me - without any justification. In XXXX when COVID struck, my family and I moved out of XXXX more than 100-miles away. I notified them in-person in XXXX that I will need to cancel my membership. On XX/XX/XXXX, XXXX sent out an email ( XXXX ) saying they planned to re-open On XX/XX/XXXX. Then on XX/XX/XXXX, I noticed my card was charged membership dues. Once I recognized the problem, I immediately followed up with the following email dated XX/XX/XXXX : Hi All, I did not see this notice but I have moved out of XXXX since XXXX. If possible, I'd like to cancel my membership and get refunded the charge for last month. I also gave this notice in-person the day you shut down back in XXXX. 

Please confirm receipt of this note. 

I sincerely appreciate your help! 

All the best, MY NAME NUMBER I then received this email response from XXXX, XXXX on XX/XX/XXXX : Dear NAME, Re : XXXX XXXX XXXX Account # : XXXX Please contact your club to cancel your membership. This is something that ABC can not assist you with, as we do not handle cancellations for your club. Your cancellation will not be processed unless you fill out the proper paperwork at the club. Please retain a copy of your cancellation paperwork for your records. 

XXXX XXXX XXXX XXXX ABC Financial Services , LLC. 
Customer Care : XXXX Email : XXXX Website : XXXX Mailing Address : XXXX XXXX XXXX XXXX. Box XXXX XXXX, AR XXXX I immediately called the club and provided verbal notice that I've already given in-person notice and notice in writing through email. I also told them I'd mail a letter as well which they said was needed in order to process the cancelation. 

On XX/XX/XXXX, I did as requested and mailed the following notice : MEMBERSHIP CANCELATION NOTICE XX/XX/XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, NJ XXXX XXXX XXXX Staff, Please find this membership cancelation notice for NAME. I no longer reside in XXXX or near a XXXX XXXX location hence the need for cancelation. I enjoyed my experience with XXXX and would happily re-join if my situation changes in the future. 


Thank you in advance. 


Best, NAME EMAIL NUMBER In XXXX, my credit card was lost so I asked the bank for a replacement - which they provided and the new card had different numbers. 



On XX/XX/XXXX I received the following email from ABC Financial ( XXXX ) NAME, We are sending a reminder that your XXXX XXXX XXXX membership remains past due. If you have not made your payment, we ask that you take care of this as soon as possible to avoid additional fees and possible interruptions using your membership. 



There are two convenient options to update your payment information or make a payment that are available right now : Visit our secure website www.myiclubonline.com, register your account and then click on the My Billing Info link Call XXXX to use our automated system. 

When you update your payment information, please consider using your checking or savings account. When you use your credit or debit card, problems can occur more frequently as cards are often reissued. 

If you prefer, you can speak to a representative XXXX XXXX Central Standard Time. 


Thank you in advance for your cooperation in bringing your XXXX XXXX XXXX membership current. 


Customer Care ABC Financial Services At this point, I was not happy and immediately called the club. After spending more than 2-hours with the local club associate and the parent organization at ABC Financial. At the conclusion of this discussion, I was ASSURED this issue was resolved and no debt was owed. 

Then today on XX/XX/XXXX - I received a collection notice in the mail XXXX postal mail ) from XXXX XXXX XXXX XXXX XXXX XXXX This letter stated : Dear NAME, Your account has been referred to us be XXXX XXXX - XXXX, NJ to collect your past-due obligation. According to our client 's records, you are responsible for a balance of {$200.00}. You may contact us or simply detach the bottom portion of this letter and send a payment with the enclosed envelope. Please make checks payable to XXXX XXXX XXXX XXXX XXXX You XXXXay also make a payment by debit or credit card. 


At this point, I'm furious. I immediately call the XXXX XXXX XXXX XXXX and was told to email this information to XXXX - which I did. 

Then I received a response several minutes later ( also today XX/XX/XXXX XXXX stating : Dear NAME, Re : XXXX XXXX XXXX Account # : XXXX Your request is still in research. Please follow up in 5-7 business days for the update. 

Ref : XXXX I have all the telephone records indicating the amount of time on phone calls with XXXX XXXX. There is also logged footage of me being in the gym on physically in XXXX on the last day they were open ( where I originally gave notice that I was moving ). Since they were given clearance from the state to re-open, I have not been within 100 miles of a retro fitness facility ( also recorded on their sign-in records ).