Threat of Collections for paid membership

[Dash8Driver]

What is the name of your state? NC

I have a Gold's Gym membership that is handled by ECM financial services in Wilimington NC. When I signed up I used my check card for the monthly withdrawl account. Recently the card number had been stolen so when the first of the month rolled around the withdrawl request from ECM got bounced back because we had closed the account. My own stupidity allowed that to happen since I didn't think about the Gold's Gym account being tied to the actual card number.

The next time I went to the Gym my account was flagged. When we/I figured out what happened I simply paid Gold's Gym for the month I owed and gave them a cancelled check for setting up the withdrawl from the checking account.

Now I have received a letter (non certified mail) from ECM threatening to call into payment my entire membership fee at 10% if payment is not recieved. The membership dues have been coming out since I gave Golds Gym the cancelled check.

I have called ECM numerous times and no one answers, I have left messages and no one returns the calls. I tried sending emails but they get bounced back because the email address they use is bogus.

My question is, I wanna stick it to these people good. I'm sick of money mongering companies trying to ruin peoples credit for no reason other than their own stupidity. If they try to bill me for the $1000 plus I still owe on my membership and try to ruin my credit rating without cause what legal action do I have against them if any?

Thanks

D8D

 

[ihatearizona]

Have you spoken to Gold's about the letter?

You need to deal with this collection agency through the mail, NOT ON THE PHONE. Send any correspondence Certified Mail Return Receipt Requested.

 

[Dash8Driver]

Yup, I have spoken with Golds, they took the payment (with receipt) and the cancelled check for future payments. My problem is that it has been two months since this happened and ECM HAS been deducting the $64 fee from our checking account and my account at Gold's is in good standing.

I really want to stick it to ECM, if there is a legal way to do so.

Thanks for the reply.

D8D


ps the account is not in collections yet I just received the threat letter today, 11-9-04, so I have 30 days to fix it, but there is nothing for me to fix.

 

[Ladynred]

What does your contract say about missed payments, bounced checks, etc. ?? Is there any language in there that accelerates the contract if any of that happens ?? That's what you need to look at first. If you're in compliance with the contract terms, then ECM needs to back off.

 

[Dash8Driver]

What does your contract say about missed payments, bounced checks, etc. ?? Is there any language in there that accelerates the contract if any of that happens ?? That's what you need to look at first. If you're in compliance with the contract terms, then ECM needs to back off.

The contract allows for a month of missed payments, ie payment due on the 5th and not recieved by the 5th of the following month, for ECM to accelerate the contract. In my case payment was due on the 15th, they tried to take the money out on the 7th, I remedied the situation by the 9th of the same month.

D8D

 

[Ladynred]

I'd say its time to go over the heads of the phone drones in customer service at ECM and write a letter, with that portion of the contract outlined and the facts of the situation, to the head honcho. Clearly ECM is out of line and their records are swiss cheese.