Health club automatic payments after cancellation

This is a discussion on Health club automatic payments after cancellation within the Small Claims Courts forum, part of the ATTORNEYS, COURTS, LITIGATION category; Quit health club (for my teen son) and told owner/personal trainer, well in advance and on day left . Found ...


Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old May 24th, 2009, 07:47 PM   #1
Junior Member
 

JayKay's Avatar
 
Join Date: May 2009
Posts: 1

Default Health club automatic payments after cancellation

Quit health club (for my teen son) and told owner/personal trainer, well in advance and on day left . Found out this month he had been taking dues each month for 20 months. Owner said even though he knew of cancellation, had to be in writing (according to boilerplate contract). Asked for refund, refused, only offering membership credit for future use.
1) Is this not unjust enrichment?
2) Shouldn't judge make both parties whole (make owner re-pay; no question haven't used club).
3) Isn't contract unconscionable?
4) Would contra proferendum apply?
He believes my negligence (credit card hijacking not caught) means he can keep the $780. While not following contract to the letter, I acted as a reasonable person would. He never said to make sure to quit in writing on day we left; he could have had paperwork ready.
JayKay is offline   Reply With Quote
Reply

Bookmark & Share



Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
Does this qualify for an automatic divorce? Unregistered Divorce, Separation, Annulment 2 Apr 7th, 2010 10:21 AM
U.S. health care reform: Agreement on Senate Health Bill (CBS News Online) forum_admin Other Healthcare Law Issues 1 Dec 20th, 2009 04:31 AM
No health ins and no income on er visit day but got health ins on date of operation. Unregistered Other Healthcare Law Issues 0 Jan 28th, 2009 04:09 AM
Requesting cancellation of current health care Chattycat Insurance Issues 1 Sep 2nd, 2008 07:41 PM
Renters using Hotel health club philbert51 Business Contracts & Partnerships 1 Apr 28th, 2008 12:22 PM


Our lawyers can help you avoid foreclosure to salvage your home, buy time to pay mortgage debts, and resolve your financial troubles. Consult Your Own Personal Lawyer Now!


All times are GMT -4. The time now is 03:52 AM.