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?
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