Need help with Golds Gym (Richmond)

[DcmN]

Two of my friends signed up for a two-year contract at Gold's Gym when they were both 17. They did not get their parents to sign it. They canceled over the phone a few months after in 2010 (Stupid for doing it over the phone, I know). Two years later, they both got letters from the collection agency for about $1,200.
They want to see their contracts at Gold's Gym (Richmond), but they are getting a copy from head office, and will take 7 days (until next friday) to get it. On the letter from the collections agency, they said they have only 10 days (2 days from now) to pay it, but Gold's gym said if you explain it to them, there should be no problem in getting them to extend that.
When they called the collections agency, they kept on being bounced around from person to person, and got varying reports from 7-30 days.
Does anyone have any prior experience or no what to do in this situation?

Thanks for the advice everyone!

TL;DR

-Friends signed up for Golds 2 years ago for 2 year contracts
-Was 17 when signed contract (not sure if this is legal age to sign a contract but they allowed it without guardian signature).
-Collections agency say have 10 days (2 days from now) to pay $1,200
-Want to see contract, but have to wait a week
-Collections agency have various responses (7-30 days of extension) to pay it off.

Will this affect their credit rating immediately or are they legally binded to a contract even though they were 17?

[TRDood]

Did Gold's Gym obtain anyone's banking information, or credit information? If not, then ignore the collection agency.

[DcmN]

My friends did not have any credit cards back then (17 and no guardian consent). Also, Golds Gym asked them for a voided cheque when signing up, which my friends declined to give to them. My friends are quite worried right now that this might affect their credit rating.
My friends never received any calls, e-mails, or bills from Golds for almost two years and all of a sudden they receive the collection agency bill.

[Phil@rise]

I did the same thing many moons ago when I was 17. Basically I told them show me proof of me using tthe gym facilities during the time in question and if they had nothing to fuck off. When they called back to harrass me further with no evidence of me using the facilities I then told them the only correspondence I was willing to exchange from that point on was by mail and if they called me I'd file harrasment charges against them.
I never recieved a call again and only a couple letters and it just disappeared and nothing showed up on my credit.

[spideyv2]

Desperate sales people

[GGnoRE]

So were your friends able to cancel two years ago?
If they were, fuck the Gold's Gym man. It's their fault for not processing cancellation properly.
Don't be scared just cause some collection agency calls you for money.

If your friends are at fault for not cancelling, then you guys do owe the money and not paying for it would be a totally different issue. Unless you owe money to a crown corporation, I would just ignore the collection.

[GLOW]

Originally Posted by Phil@rise

I did the same thing many moons ago when I was 17. Basically I told them show me proof of me using tthe gym facilities during the time in question and if they had nothing to fuck off. When they called back to harrass me further with no evidence of me using the facilities I then told them the only correspondence I was willing to exchange from that point on was by mail and if they called me I'd file harrasment charges against them.
I never recieved a call again and only a couple letters and it just disappeared and nothing showed up on my credit.

FYI to OP - I believe Phil@rise is referring to the collections agency when he said "them", not Gold's gym. Correct me if I'm wrong...as I've told collections agencies w/ bogus claims to talk to me via mail only as well.

[vafanculo]

Buddy had same thing at 19 with Golds. They did mess his credit up pretty badly throughout the years though with the collections.

[Drow]

funny. some guy came to the bank the other day to pay off a large sum of money from golds gym. it was from a collection agency too

[BaoTurbo]

Gold's Gym?



No offence but I hate these desperate gyms trying to make a sale. Especially Steve Nash. I had a good experience at Sports Club but at Elmbridge I had a really bad experience. I always went to the Oval and never had a bad experience or heard of one, I'm sure there are out there but I have always found that the Oval was more friendly and better customer support.

[PJ]

Originally Posted by GGnoRE

So were your friends able to cancel two years ago?
If they were, fuck the Gold's Gym man. It's their fault for not processing cancellation properly.
Don't be scared just cause some collection agency calls you for money.

If your friends are at fault for not cancelling, then you guys do owe the money and not paying for it would be a totally different issue. Unless you owe money to a crown corporation, I would just ignore the collection.

This.

A collection agency doesn't have any more power than the Gym does. They just have a fancy name. Don't be intimidated.

This is pretty much how it works.

Gym: "Hi Collection Agency, this guy owes us money. I tried calling but he ignored me."
Collection Agency: "Ok, let me try calling. Maybe he'll change his mind."
THATS IT.

Ignore them all. Anything legal will involve a lawyer on their end. With a relatively small amount like $1200, I doubt they're going to go through the hassle of getting a lawyer involved.

Like people said, it's probably just a desperate salesperson..

[dub.g]

Originally Posted by BaoTurbo

Gold's Gym?



No offence but I hate these desperate gyms trying to make a sale. Especially Steve Nash. I had a good experience at Sports Club but at Elmbridge I had a really bad experience. I always went to the Oval and never had a bad experience or heard of one, I'm sure there are out there but I have always found that the Oval was more friendly and better customer support.

this! and south arm and thompson community center

i used to work out at fitness world back in my teen years, great their facilities they maybe, but compared to the community center gym it gets the job done for me for less $$$, and more friendly environment and less roid juice monkeys

[vafanculo]

Originally Posted by PJ

This.

A collection agency doesn't have any more power than the Gym does. They just have a fancy name. Don't be intimidated.

This is pretty much how it works.

Gym: "Hi Collection Agency, this guy owes us money. I tried calling but he ignored me."
Collection Agency: "Ok, let me try calling. Maybe he'll change his mind."
THATS IT.

Ignore them all. Anything legal will involve a lawyer on their end. With a relatively small amount like $1200, I doubt they're going to go through the hassle of getting a lawyer involved.

Like people said, it's probably just a desperate salesperson..

I wouldn't rule it out that easy. You're right, the collection won't have much pull, and its not enough of an amount to take you to court for. But, it is enough of an amount to go on your credit and make an impact.

I used to work collections, and there is an amount the collector will be able to settle with (usually 30% discount) or so.

If you really want to tell the collectors to stop calling you, tell them to "cease and decist". But, as I mentioned in an above post, Golds ruined my friends credit at a young age, and made his credit life horrible. From what I hear, Golds is brutal in that area.

Best bet is to settle, or prove to them the contract is null and void.

[Noizz]

You can tell the collection agency to go fuck themselves the next time they call.

Since you were under 19 at the time of the signing of the contracts, they are non enforceable on you as per the Infants Act:

When infants' contract enforceable
19 (1) Subject to this Part, a contract made by a person who was an infant at the time the contract was made is unenforceable against him or her unless it is

(a) a contract specified under another enactment to be enforceable against an infant,
(b) affirmed by the infant on his or her reaching the age of majority,
(c) performed or partially performed by the infant within one year after his or her attaining the age of majority, or
(d) not repudiated by the infant within one year after his or her reaching the age of majority.
(2) A contract that is unenforceable against an infant under subsection (1) is enforceable by an infant against an adult party to the contract to the same extent as if the infant were an adult at the time the contract was made.

Basically none of that applies to you. You were 17. You repudiated the contract by calling them over the phone and you did not use their services which means you did not perform or partially perform the buyer side of contract either. Onus is on Gold's Gym to insure that you were of capacity to enter into a contract. In this case, you are not.

You are not under the capacity to enter into a contract either under the Sales of Goods Act, and any waiver of warranty or conditions written into the contract are not binding as you are under the age of majority.

Also as a gym membership can be argued as a non-necessity, you are also covered by another section of the Sales of Goods Act:

Section 3(2) provides that if goods are sold and delivered to minors[3] or those mentally incapacitated[4] the minor will be liable to pay a reasonable price if the goods are necessaries. Necessaries are goods suitable to the persons' condition of life and actual requirements at the time of contracting. Under sections 6 and 7, concerning specific goods that perish, a contract is void where they perish before and avoided where they perish after contract formation.[5] (See Mistake (contract law)). Under section 8(2) the price is a money consideration given in exchange for property in goods. If the price, or means to ascertain a price, is not agreed, the buyer will be required to pay a reasonable price.[6]

Necessaries can be considered food, shelter, and clothing.

Just mention that you were 17 at the time and under the Infants Act, you would not be held accountable for any contract made against you and if you want, under the Sales of Goods Act yada yada yada, and then tell them to fuck themselves and stop bothering you or you'll sue them for harassment.

[BaoTurbo]

^ Lol I almost forgot about the Infant Act. Someone did their law homework

[k00laid]

hahah fkin awesome noiiz

[GLOW]

best part is the dr ken pic

[DcmN]

Thanks for the responses guys.
They're just waiting to see their contracts from golds gym. They've also been in contact with the collection agency to tell them about their situation, but they were acting like pricks saying you need to pay this and you're liable because your signed the contract. Hopefully this situation can be resolved quickly as i don't want to see their credit take the toll for something so stupid.

[tiger_handheld]

whats the name of the collections agency?

[DcmN]

Originally Posted by tiger_handheld

whats the name of the collections agency?

Credit Bureau of Canada Collection

[ts14]

just paid the collection agency this morning to save my credit

[Teriyaki]

Originally Posted by ts14

just paid the collection agency this morning to save my credit

Even after all the advice posted before. you Still went and paid the full amount. No wonder they keep this practice up.

[ts14]

Originally Posted by Teriyaki

Even after all the advice posted before. you Still went and paid the full amount. No wonder they keep this practice up.

well im taking it to court so i can get my money back

[vafanculo]

Originally Posted by ts14

well im taking it to court so i can get my money back

Wtf is wrong with you?

[ts14]

Originally Posted by vafanculo

Wtf is wrong with you?

well i avoided my credit being destroyed, the last thing i want is my credit taking a hit like that so i decided to pay it off and dispute for my losses in court.