Legal Question in Credit and Debt Law in Minnesota

30 Day notice required

My 12 month contract had expired in June of 1999. In anticipation of this I sent a 30 day notice in April, canceling my membership which is a requirment of the athletic club. A few weeks later I wrote a letter on 4-20-99 indicating that I would consider continuing my membership on a monthly basis, so long as no one had any bright ideas of raising my rates. Evidently there was someone out there that was just a bit too greedy as they raised my rates! I contacted them about this and they said I would have to send in a 30 day written notice that I was canceling my membership. I did this, even though I was no longer under contract. They recieved my letter on July 7 and while I made the payment for July, they say that I also have to make a payment for August because my letter was 7 days late of their 30 day requirement. My question is what can I do about this 7 day technicality? I would have sent my notice sooner had I known my rates were going up. Since they are being so techical, can I refer back to my original 30 day notice since I had included the stipulation that I would only continue on a monthly basis so long as they didn't raise the rates? Why should I even need to give 30 day notice?


Asked on 7/16/99, 3:47 pm

1 Answer from Attorneys
Stuart Williams

Re: 30 Day notice required

It sounds like you are right and they are wrong.

You wrote that you would continue at the current rates, they raised the rates and tried to charge you the new rate without telling you, even. If you used the club when they were using a new rate generally, they'll make that case, but they certainly can't stiff you on the notice when they raised the rates without proper notice to you, right? (Or did they send you something announcing the new rate which you ignored or missed? It doesn't matter, though.)

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Answered on 7/19/99, 11:24 pm


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