Bally Total Fitness Does not Honor Cancellation Clause in Contract Norwalk California

Okay, let me first start out by letting you know what I do. I work for a Law Firm that works defaulted Bally Total Fitness Contracts. I do not work for Bally's, however I do attempt to collect on their paper. You must know that 95% of the time Bally's sells the bad paper off and they are only tied to it by them being their original creditor. I also must tell you that in no way am I giving legal advice, I am only explaining issue I have run into and what I, yes I would do in this situation.

I really feel horrible trying to collect on these and suing people for these contracts. But the way I have to reason it to myself is that you did sign a legally binding contract. Just a tip, when dealing with a law firm or collection agency, do not get rude, that will only give the collector or legal assistant more ammunition on go after you. If you happen to deal with OSI, Gulf State or Perimeter (all the same parent company in Georgia) watch out, I have had to talk to them in regards to account I was handling and they were so rude to me and even hung up on numerous occasions, go figure.

They Sales people at Bally's I would classify as nothing less then used car salesmen. They work off a commission so they will tell you anything in order to get you to sign it. I even suspect that people that come in and fill out the information card but choose not to sign up, I think they sometimes forge their signature.

If you live in Georgia and you entered into the contract prior to 2001 (double check that date) you are no longer have to pay that contract. However it will still appear on your credit report (more then likely).

Do your self a favor and no matter how much that sales person tries to rush you through the contract, take the time and read it. They don't want you to read it for a reason because they are trying to get you for just about every thing.

There is a clause that is a 72-hour rescindment clause. The problem is that cancellation needs to be in their Baltimore address (listed on the contract) via certified or registered mail with in that 72 hours, not mailed by that time. Or you can hand deliver it, I have been asked about overnight mailing, I just don't know about that. So that is pretty much next to impossible. If you do choose to do that be aware that you also need to return all property of Bally's (i.e. the original contract and membership card and anything else that might have been supplied to you.) Make a copy of all that for your records and hold on to it. They get many people who follow 99% of the contract but do not turn in those items and well; right there you just defaulted.

Watch out for interest rates I have seen them anywhere from 8% to 20%!!! Keep in mind what some car loans are (1.9% and sometimes lower, and credit cards). Why are you financing a gym membership?? A lot of time they will offer lower monthly payments if you sign up for electronic fund transfers from your checking or savings account. Do not do this they will not stop until you tell your bank to cancel them or you close the account out. Take the monthly payments that you have to mail or pay at the location (not sure if you can really do that.)

Keep in mind if you attempt to cancel for a valid reason, you cannot do so at the gym, regardless of what they employees (including the manger tell you), you must follow the terms of the contract, that is a must.

If you think you can cancel because you don't like the gym or you feel like it is a meat market or something that isn't valid in their eyes, well there is really no chance of that happening. You have to have a valid reason that falls with in the terms of the contract.
That is what that 72-hour clause is for so you can see if you like it. All correspondence with the gym should be in writing that is just a good life rule and always keep a copy, also they should also be sent certified with return receipt so you get confirmation that they did in fact get it. And all correspondences need to be sent to that address in Baltimore, MD.
Jack La Lanne
C/o Bally Total Fitness Services
300 East Joppa Road
PO Box 42013
Baltimore MD 21284-2013

Above is that address use it please. If you think because you are pregnant and that cancels the contract think again, that only last 9 months and in fact you are encouraged most the time to exercise during pregnancy. So if you think that that solves it, it will not. Also if you think that a doctor's note will excuse you from the contract again, think again, you need to be Permanently Disabled that means classified by such by a doctor and the state. That means that you should be receiving disability and you are eligible for a handicap placard. The contract varies in some areas, and a doctor's note might due, but be careful as always.

If you move outside that 25 miles of the gym, make sure they don't have independent contracts with a gym in that radius. It may not be called Bally's but they will have a deal where you can use the facility and that contract is not canceled. Don't ever assume because you haven't heard from them that it is canceled. They will play games, saying they didn't receive your fax or any other story you could think of. When you mail them the info about your relocation, mail everything that is listed and then some cover yourself it will save you time and money in the long run. Don't forget to mail them the membership card and original carbon copy of the contract and anything else classified as their property.

Keep in mind that if you stop paying during this time that you are sending the info, that make you in default of the contract and even if you do have a valid dispute it doesn't matter cause you just defaulted the contract. So don't stop paying so what you will maybe pay another three or four months when trying to get it canceled it is better then it ending up in my office and us filing a law suit against you in county or superior court. It will not be small claims because it was sold. Keep that in mind.

Also, people say, why do I have to pay for this it is only services I didn't by a computer with this or anything. Well what happens is that after four months of the contract Bally's sells it to a bank. Now I have heard it is J.P. Morgan who underwrites it and anything collector after four months prior to the next sale goes to them. So in assents you are taking out a personal loan to pay for a gym membership that won't even be worth it.

Make sure whatever the Bally's tells you, you get in writing. If you pay off the account make sure prior to doing so you get a settlement letter that will state they are willing to accept $xxx.xx due on or before Month-Day-Year and that will close the account. Do not send out monies unless you have this. Also once paid make sure you get a letter stating so. And hold on to these for ten years and depending on your state even longer. For example, Ohio can collect on something up to 15 year from the date of last payment which means if you pay it off and it doesn't get processed correctly and they sue you how do you prove that you paid it off it you threw away the letter and the bank no longer has a copy of your check. Put the letter in a safe deposit box or somewhere very safe.

If you get contact by a collection agency or Bally's and it is truly fraud, file a police report sign an affidavit of fraud and get that notarized and send it to whom ever always keep a copy. Do everything possible to show them it isn't you who opened it, send them signatures and print your name five times on a blank piece of paper. But do not abuse this if you think this will get you out of an account that you did open and owe, you very well could be looking at criminal action, if you swear under oath and file a false police report. In fact my firm has even gone after debtors as the are called for these offences. So think twice if you think this is the easy way out.

Don't be fooled, in the end they very well may file a civil action against you, you will be liable for attorneys fees (sometimes up to 25% of the debt, all interest, court cost and possibly collection cost) this could make an $1,800.00 account balloon up to $4,000.00 sometimes, so what ever you do, do not call their bluff, cause it very well could happen. Try to be civil, do not become angry with the people you are dealing with be nice and work with them.

To be all honest, don't step foot in there don't go in for your free three days or what ever the offer is at the time. That is the best advice and that is what I do, I do not step near any Bally Total Fitness ever. Go to a gym where you can pay month to month and no financing of a contract don't sign a contract. There are plenty of gyms that are like this 24-Hour Fitness don't have contracts, you pay monthly fees and you can stop paying any time and that is it find a place like that.

I am sure I have covered everything on it, there is just so much. Because of that please feel free to email me. I have just created a email address with Yahoo. I will make every attempt to help answer any questions. Please understand I am sure this will get pretty full as many people get sucked in by Bally Total Fitness. Please have patients as I will try to answer you. Any other comments about his would be appreciated or any information that is incorrect or needs to be modified please let me know. So me email is : Ballysquestions@yahoo.com
I hope this helps and good luck with your contracts.