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> Consumer Rights - True Fitness, Signed up membership caused CTOS

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chiahau
post May 1 2013, 02:32 AM

Fatthau StalKer
********
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13,207 posts

Joined: Aug 2009
From: Malaysia


QUOTE(jbanya @ May 1 2013, 12:40 AM)
In the last quarter of 2007, I invited by a consultant Mr Lim, who represent True Fitness to visit their fitness centre at Sri Hartamas through a call. He promotes a 2 years membership package to enjoy up to 3 years fitness service in their centre, but I insist to subscript monthly renewal basis although I know the price is higher than 2 years package.

Lim is a new staff in the outlet, there is a manager next to him while he presents the product to me, the manager told me they accept monthly renewal membership, and asked me to sign up the membership agreement that day itself.

I noticed the membership contract is for 24 months and I pointed it immediately, but he said the agreement is the only contract's format that they have in the company, all members signed the same agreement regardless you are monthly or package. 

I asked if I could cancel my membership anytime in within 24 months, he answered “YES”, which I just have to inform my consultant when I want to terminate. I forgot how much is the membership but I paid for 2 months (Deposit + First month membership Fees)

5 weeks later, I NEVER STEP IN True Fitness due to my busy schedule, I really don't have time for gym (if check with their attendance record, can track that I never use their facilities since I joined).  I call to Mr. Lim and told him I'm going to terminate my membership and tell him the reason, unfortunately he resigned.

They still charge my membership fees from credit card, although I have called to centre to terminate my membership, they seem ignore my request.

A month later my card was stolen, the following month I received a call from True Fitness, the lady asked about my payment. I explained to her about my story but she said her responsible is to chase for the payment, not to help me to terminate membership contract.

Anyway, they continuous call for several months and my answers the same.

9th Dec 2008, I received an email from True Fitness Credit Control Department asked me to settle the sums of RM1956.15. I replied to the email and complaint about their unprofessional business ethics to consumer.  They didn't reply my email from then.

Recently I apply for housing loan but rejected by bank, the reason is I am under CTOS and lawsuit by True Fitness.

1) The staff that represents True Fitness given fault info on the membership can terminate anytime as long as I inform my consultant. (Denied everything the moment I call, where is the right to redress?)

2) The staff that represents True Fitness agreed on my membership is monthly renewal basis although the agreement is for 2 years contract. (Mislead consumer, where is the right to be informed?)

3) The staff that represents True Fitness, who calls for payment, doesn’t have intention to attend my complaint and only know to push responsible. (Where is the right to be heard?)

4) I never use their facilities and yet, they asked me to settle RM1956.15, and caused me in CTOS. (Where is the right to safety?)

So may I know, am I force to pay them even though I did not enjoy any of the services they provide, with the CTOS that they caused me?

*
Speaking from a legal background ( Personal opinion, professional opinion, please refer to a lawyer that specialize in such cases )

The issue here is you did not terminate the contract with something tangible, such as letter or email or something, even though the agent told you, you could do so anytime you want. Furthermore, the contract they asked you to sign is legally binding, and if you signed it willingly, whatever stated on the contract might be upheld by the court of law. Regardless, you may argue that the contract was not as promised and you reserve the right to challenge it.

2nd issue is, since there's no termination, you are considered as "an active member" of the gym and is subjected to the annual fees stated by the agreement.

Even if you pay them the outstanding amount, CTOS will remain there. I guess, this is the darker side of the credit rating system in Malaysia.

Best alternative is to fight the case through court and trying to overturn your case so that CTOS can be removed from your history of credit ratings. Thou IIRC, CTOS can't be eliminated by any normal means, it would stay on as a dark stain in your credit history....

This post has been edited by chiahau: May 1 2013, 02:52 AM
chiahau
post May 1 2013, 02:57 AM

Fatthau StalKer
********
All Stars
13,207 posts

Joined: Aug 2009
From: Malaysia


QUOTE(jbanya @ May 1 2013, 02:52 AM)
I able to found Mr. Lim (Through engine search from Facebook) LMAO!
I inbox him and asked him to write me a letter to proof that my story is true. I will print out my CTOS and attached with email conversation + his letter to see what can I do from here. Between, as it's years back but I remember once I replied them an email (mid of 2008) while they asked for payment again, I got replied that I want to cancel my membership; problems is that account been hacked and many conversation deleted. I only found the latest which Dec 2008.
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You should subpoena him in court to testify for you tongue.gif

CTOS is a very troublesome matter. 1 of my friend even got CTOS due to Celcom broadband zzz. Took him ages to settle the case and get the CTOS overturned....

Anyways, you should really consult with a legal adviser to confirm your position in this case.

If it's proven to be fraudulent/wrongful charges, I reckon you can even get back at them for causing such a trouble anyways hmm.gif
chiahau
post May 1 2013, 03:07 AM

Fatthau StalKer
********
All Stars
13,207 posts

Joined: Aug 2009
From: Malaysia


QUOTE(jbanya @ May 1 2013, 03:03 AM)
Yes, thank GOD I found this before my bf filing the K1 visa, if I noticed this CTOS during my interview I may banned by the immigration!
and the property that I aiming, price increasing, I missed the boat just because of this stupid misleading membership!! That's my first time and the last time I sign for fitness membership. Is really nightmares to me.
*
Visa are unlikely to be issued for anyone with a "bleep" on their radar. hmm.gif

Anyways, the issue is not with you nor fitness institute. It's bound to happen with poor Malaysian laws and little to none enforcement.

Always be very sure to know what you are getting yourself into. That's just all tbh.

Since you are sure that this is the Fitness's center's fault, feel free to challenge your case.

Good luck.
chiahau
post May 1 2013, 12:27 PM

Fatthau StalKer
********
All Stars
13,207 posts

Joined: Aug 2009
From: Malaysia


I think the issue would be regarding the CTOS.

Even if TS paid the outstanding debt, her name would still be in CTOS, no?

I think she wants to remove herself from CTOS to be eligible for loans n etc IINM
chiahau
post May 23 2013, 07:21 PM

Fatthau StalKer
********
All Stars
13,207 posts

Joined: Aug 2009
From: Malaysia


QUOTE(jbanya @ May 23 2013, 06:00 PM)
Ok, today True Fitness contacted me via phone, not EMAIL  tongue.gif  (HAPPY)  rclxms.gif

The manager, Aisyah very polite and helpful, she said I only need to pay  the legal and CTOS Fee amounting RM 346.68 then she will help me to withdraw abort CTOS and terminate my membership.

I done my CIMB Clicks and printscreen my receipts with reference number to her. Finally, I can draw a FULLSTOP in this post!

This post will keep here, so those who had the same story as me, you know who to find (must provide full details, info and facts)

File your complaints here, not only for True Fitness, is everything that you feel you have the right to appeal.
http://www.nccc.org.my/v2/index.php/e-aduan

HAPPY ENDING!  biggrin.gif
*
Just in case, head to Bank Negara to check your CTOS status.

I'm not sure CTOS could be withdrawn without a proper court order.

But overall, I am glad that your case is solved biggrin.gif

 

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