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When I lived in Utah, I had a membership to Ladies' Workout Express. Of course, I signed a one-year contract. The contract was owned by a fitness servicing company in Layton, Utah (I apologize for not knowing the name). After a year and a half, I decided to discontinue membership. I faxed them a letter and the electronic funds transfer (EFT) was immediately stopped.
Some years later in Texas, I decided to join another Ladies' Workout Express. This time I signed a three-year contract. My husband was in the military, so there was a rider included in the contract. If I were to move to a new area and there was no Ladies' Workout Express within 25 miles of my location, I would be able to cancel before the three years were up and not incur the standard $50 cancellation fee. The contract I signed was from the same servicing company in Utah.
Two and a half years later I moved away, and there was no LWE near me. When I called Utah to cancel, I was told that they did not have a record of my membership. After some research, I learned that my fitness membership had been sold to ABC Financial. I called their non-800 number and was on hold for over half an hour. I had to explain my situation to the CSR three times, and then she said she would send me an email with instructions on how to cancel, and that they needed 30 days notice or the next payment would be automatically drafted.
I got this email. It had a huge list of documents that would and would not be accepted (all run together, not in two separate lists) as proof of my new residence. This list was in ALL CAPS with no spaces between the lines, some lines and words were randomly bolded, and for some unknown reason, they started each of the all caps, randomly bolded lines with either three or four asterisks. It was really hard to read. Look:
The email was a full page of this kind of thing. So, anyway, 36 days before my next scheduled EFT, I faxed them the official change of address form I received from the post office, along with a letter explaining my situation, and a copy of the original contract that I had signed, with the part circled that said I would not incur the cancellation fee. I put my email, my cell phone number, and land line number on there. They preferred the fax, and I had a full six days beyond what was required of me for notice.
Two weeks later, I get a letter in the (snail) mail. It said that they received my fax, but that the USPS Official Change of Address form could not be accepted as proof of current address. I called ABC Financial and told them that the form was on the acceptable list. They said that if I read it carefully, I would see that it said the USPS form would be accepted as proof if another supporting document was also provided. Yes, in the middle of the bolded, capitalized, asterisked mess were a few words: "or two from below." Those four words were all lowercase and at about an 8 point font size.
So I said I'd fax both back right away. They informed me that my next month's payment was scheduled for EFT, because now I was past the thirty day notice. I told them that if they had called me or emailed me right away, I still would have been within the thirty day notice. They said it wasn't their fault that I couldn't follow instructions in a simple email. I asked them if maybe the fact that I even got their letter in the mail and called about it could be used as proof of my residence. No. So, I wrote another letter, and faxed the USPS letter and a utility bill. I also faxed another copy of my original contract, because they gave me static again about paying the $50 fee.
I called back and asked to speak to a manager, and I was put on hold for over an hour. People kept picking up the line asking who I was holding for. Finally I talked to a "manager." I told her that yes, I missed a detail in their email, but could they not also be held responsible for me missing the deadline? The email was a hot mess, and they had alternate means to contact me. They didn't have to mail a letter to an address that they didn't even accept as my residence. Besides, the USPS form was bona fide and acceptable proof. Could they not note that I had it in underneath the deadline, and just await the second proof? They didn't suspect the form to be a forgery. It was a good faith error. After I finished, there was a silence of about 45 seconds. She mumbled "sorry, there's nothing I can do." and hung up.
I get an email the next day with the official notice of cancellation in PDF form. Why did they email that form to me, and not snail mail it like the other form? The form stated I would be billed for the $50 cancellation fee and the month that I did not give them notice for. OK, I give up on the month they swindled from me, but they had two faxes, and presumably, the original contract! I was not paying that $50 fee, and yes, I was going to die on that hill! Anyway, I wrote an angry, bordering on profane, email sent it, then printed it and faxed it to them. An hour later I got a new PDF with the cancellation fee removed.
Before I got the "manager," who I believe was just some other CSR, I talked to two other agents. All they ever said was "sorry" in a flat voice. I was reasonable at first, but no matter what I said, or asked, the answer was either: "sorry," or "did you read the email?" It was infuriating! I spent hours and hours on the phone with them. Would it have been that difficult to cut me a little slack?
These people pretty much own all the contracts for all of the major gyms and fitness centers. Not only will they not help you, they won't even engage you in a conversation! I sent them a check for the swindled fee right away. I would not even want to try to talk to them if they decided to turn it over to collections, seeing as I was no longer their customer. I wanted to join a local gym. When they told me their contracts were serviced by ABC Financial, I bought a slew of workout videos. I would never knowingly sign a contract with them. They are completely unreasonable, and in my opinion, unscrupulous.
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