In November 2018 at a company where I was working, we were approached by a gent who was working for the World gym Bunbury (soon to be opened and still under construction at the time) to enroll for the services they provided.
I enrolled and signed two contracts, one for myself and the other for my fiances as a xmas present. I was informed that it had to be two contracts as a key tag is issued under the appropriate name for after hours entry and entry to the gym during business hours. The money would come out of my account only on a weekly basis. This was not an issue at the time as I was employed.
My wife (married on 15 Dec 18) was rather annoyed and was not impressed that I would enroll her for the gym and did not accept the gift and has not set foot inside the gym, same as myself. My employment was terminated at the end of December 18 and I had to go on the government "Newstart Allowance" to try and make ends meet.
The weekly payments began in early January and I called the BDM of the gym and explained the scenario to him after my second week of trying to call him and let him know that I cannot afford the costs anymore and I am living some 80 k's away in Brookhampton.
The direct debit was being raised each week and each week I am getting charged also by the bank for insufficient funds. Rather annoyed by no action being taken and the BDM not really knowing the procedures for how to terminate the contracts, I was now being hassled by the agency that collects the funds and warned that this will be taken further by a collection agency to recover the funds.
At this point in time now the amount had grown to over a $100 each being for my wife and I in overdue fees. My next move was to go the gym and ask them to release me again from the contracts I had signed. I would like to point out here, the contract that is in my wifes name is signed by me and the money is coming out of my bank account.
The BDM, had agreed to a $70 waiver fee to cancel the contracts and I then rang the company "Debit Success" (DS) to arrange payment with a friends credit card as I had no money to pay the account and wanted to get this all off my back. When I first called DS they stated that i cant cancell or they cant take the cancellation fee as I still owed money. I was getting rather irate at this point as I cannot pay anymore than the $70 that was agreed to and asked to speak with their supervisor
A gent by the name of Justin (supervisor) at DS stated he had tried to call David at the world gym and had not heard back from him. I tried to explain my frustration with all of this as it is getting close to extortion by the way it is being handled. Justin agreed to taking the $70, however, this was not the end of the story.
I then received a notice from "ARMA" being the collection agency, stating that I owed them now a total of $803.25 being for the remainder of the twelve month contract. At the same time my wife who has not signed the contract was issued with a final notice from ARMA also for the same amount.
Can you please advise me 1. what ramifications they have firstly in regards to my wifes so called contract that was signed by me and 2. do they have this right to continue to chase me for te full amount when I had paid the $70 cancellation fee.
I enrolled and signed two contracts, one for myself and the other for my fiances as a xmas present. I was informed that it had to be two contracts as a key tag is issued under the appropriate name for after hours entry and entry to the gym during business hours. The money would come out of my account only on a weekly basis. This was not an issue at the time as I was employed.
My wife (married on 15 Dec 18) was rather annoyed and was not impressed that I would enroll her for the gym and did not accept the gift and has not set foot inside the gym, same as myself. My employment was terminated at the end of December 18 and I had to go on the government "Newstart Allowance" to try and make ends meet.
The weekly payments began in early January and I called the BDM of the gym and explained the scenario to him after my second week of trying to call him and let him know that I cannot afford the costs anymore and I am living some 80 k's away in Brookhampton.
The direct debit was being raised each week and each week I am getting charged also by the bank for insufficient funds. Rather annoyed by no action being taken and the BDM not really knowing the procedures for how to terminate the contracts, I was now being hassled by the agency that collects the funds and warned that this will be taken further by a collection agency to recover the funds.
At this point in time now the amount had grown to over a $100 each being for my wife and I in overdue fees. My next move was to go the gym and ask them to release me again from the contracts I had signed. I would like to point out here, the contract that is in my wifes name is signed by me and the money is coming out of my bank account.
The BDM, had agreed to a $70 waiver fee to cancel the contracts and I then rang the company "Debit Success" (DS) to arrange payment with a friends credit card as I had no money to pay the account and wanted to get this all off my back. When I first called DS they stated that i cant cancell or they cant take the cancellation fee as I still owed money. I was getting rather irate at this point as I cannot pay anymore than the $70 that was agreed to and asked to speak with their supervisor
A gent by the name of Justin (supervisor) at DS stated he had tried to call David at the world gym and had not heard back from him. I tried to explain my frustration with all of this as it is getting close to extortion by the way it is being handled. Justin agreed to taking the $70, however, this was not the end of the story.
I then received a notice from "ARMA" being the collection agency, stating that I owed them now a total of $803.25 being for the remainder of the twelve month contract. At the same time my wife who has not signed the contract was issued with a final notice from ARMA also for the same amount.
Can you please advise me 1. what ramifications they have firstly in regards to my wifes so called contract that was signed by me and 2. do they have this right to continue to chase me for te full amount when I had paid the $70 cancellation fee.
