Michaela
Duluth,#2Consumer Suggestion
Mon, March 19, 2007
For one thing, do not give Bally's or their representatives or collection agency ANY information. If they have filed suit, the COURT would be the one to collect this information. Refuse to speak to Bally's and their representatives, only speak with court officials. If this matter has gone or is going to court, it is in your mother's best interest to show up. Your local city or county clerk of courts can direct you to a Legal Aid program. Legal Aid and similar programs help low income people fight lawsuits such as this one. Your mother will likely qualify for legal help for free or at significantly reduced cost. Also, has your mother has been diagnosed as having a mental illness or some form of dementia? If you have a statement from a doctor indicating that your mother suffers an illness which affects her ability to make decisions, that would help. Also, if the health club employee described your mother's health as "extremely dangerous", that could be construed as attempting to provide a medical diagnosis. This should also come up in court as I sincerely doubt that employee has a medical degree. You also need to mention in court that they failed to provide the contracted "trainer" services. Make them prove every penny they claim your mother owes. That is her right under the Fair Debt Collection Act. Bally's has to be able to prove that she actually owes every penny. In the end, even if they go to court and win, they can't take your home. They may be able to put a lien on it, but that just means that they get their money when and if it is ever sold unless the debt is paid before then. The court woiuld have to order that. If Bally's or their agents have threatened to file suit or threatened to take your mother's possessions, that is illegal. According to the Fair Debt Collection Act, if they threaten a lawsuit they have to follow through and they cannot threaten to take your possessions. If they did this, they broke the law and you need to contact your Attorney General's Office. I hope these suggestions help.
Chris
Malden,#3Consumer Comment
Fri, March 16, 2007
I am sorry to say it but I think that you are out of luck. You really weren't scammed. You and your mother could have just walked out of the Bally's at any moment. If they held you there against your will then that is a criminal act whic I doubt they did. The problem is that you had a contract with them just because you did not use the service does not mean you are excused from paying. I have seen that excuse a number of times from people that they didnt use the service, that does not matter, you had a contract. If you actually did try and cancel do you have any proof. You will need proof that you tried to cancel the contract and were not allowed. I do not see this happening either because they have a cancellation fee that I am sure that would be happy to take. It looks like you are out of luck and should probably pay now before your debt becomes worse or you end up losing your house.