Legal Question in Credit and Debt Law in Pennsylvania

Jim Woolard's World Gym overcharging members

I have a 12 month membership to Jim Woolard's World Gym in Malvern, PA. My contract was effective 4/8/04 and terminates 5/15/05, 13 months. I agreed to pay $29/month via an automatic debit to my checking acct. Fitness Financial, Woolard's World Gym's accounting dept, and run by Ann Woolard, neglected to deduct for a period of 3 mos. then deducted the lump sum in Nov. along with the monthly pymt due in Nov. Dec and Jan was correctly debited. In Feb, they deducted a lump sum of $254 stating that they had never rcvd my monthly payments for the prev 5 months along with $20 chargback fees. I faxed them my bank statements proving the payment. They refuse to acknowledge my stmnts as proof and claim that their billing system does not have my pymts recorded. I immediately contacted my bank to dispute the charge, my bank gave me provisional credit for the $254 and sent them 3 letters re: my dispute, all sent in Feb. They never responded to the bank's letters. On 4/29, I received a bill from the gym claiming that I owe them $421 for the past due fees plus chargeback fees. I contact the BCA and have a case file, my bank is still investigating the dispute so they could reverse the credit if seen fit. What else do I have to do?


Asked on 5/03/05, 12:11 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Jim Woolard's World Gym overcharging members

It looks like you are proceeding as you should. The statute of limitations for this would be 4 years so you have a good amount of time yet to file a suit if necessary. The size of the disputed amount probably makes it uneconomical to retain an attorney at this point. I offer free consultations.

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Answered on 5/03/05, 12:29 pm


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