this case from singapore!

Title: Gym refunds ex-client after bailiff turns up
Source: Straits Times,15 January 2009.
Author: Ben Nadarajan

GYM-GOERS at the True Fitness outlet in Suntec City got a shock yesterday morning when a court bailiff walked into the gym to seize some equipment. The bailiff was enforcing a Small Claims Tribunal decision ordering True Fitness, which bought out Planet Fitness last August and is one of the largest fitness chains here, to pay a former customer about $2,500.

Madam Audrey Au-Yong, who is in her 40s, wanted the sum, which was the unused portion of a 50-session package she had signed up for last May, refunded. When True Fitness still did not pay despite the tribunal's order, Madam Au-Yong obtained a writ of seizure and sales, which allows a creditor to seize a debtor's belongings and sell them off to get back monies owed.

But yesterday's dramatic action turned out to be unnecessary, as True Fitness coughed up the amount in $50 notes for her an hour later. There are at least two other True Fitness clients who have cases pending in the Small Claims Tribunal, where they are seeking refunds of about $1,500 and $7,000 on their prepaid packages.

Apart from these, the Consumers Association of Singapore (Case) says it has received an increasing number of complaints against the chain. Last year, the consumer watchdog received 37 complaints compared to just two in 2007. The grouses were mainly about unsatisfactory services such as pressure selling, as well as failure to honour agreements and misleading claims.

True Fitness has six centres here including outlets at Great World City, Parkway Parade and VivoCity. It is part of the True Group, which was set up in 2004 by Mr Patrick Wee, and also offers spa and yoga facilities here as well as in Thailand, Malaysia, India and Taiwan. Madam Au-Yong, who joined the gym after a knee operation, asked for her money back last September when the gym ended the contract of her personal trainer Alvin Cheah, 46, after they had completed just 23 sessions.

As the gym could not provide a suitable replacement for Mr Cheah, who has certificates in rehabilitation, Madam Au-Yong said she sought a refund for the remaining 27 unused sessions. In October, the Small Claims Tribunal ruled in her favour in a consultation hearing that True Fitness did not attend.

The next month, the company applied to have the decision set aside, but this was rejected last month. On Jan 6, with no payment in sight, Madam Au-Yong applied for a writ of seizure and sales. The housewife with three children said: 'It's sad it had to come to this but they didn't seem sincere at all in wanting to resolve this amicably. They said they would get back to me, but they didn't. They said they would find me another qualified trainer, but they didn't.'

True Group's executive vice-president, Mr Andrew Ong, said the group had not been aware of the tribunal hearing and that a cheque had been sent to Madam Au-Yong last week. He said she had been offered a choice of over 90 other trainers but had rejected the offer. He added that membership rules allowed the group to replace a customer's trainer.

Requests for refunds are also assessed on a case-by-case basis. 'These requests are usually due to reasons arising from ill health or immigration. Valid documentary proof must be provided to support such refund requests,' said Mr Ong. Madam Au-Yong said she had not received any cheque by post, adding that Mr Ong apologised to her for the delays yesterday. True Fitness' payout to Madam Au-Yong came up to $2,512.79. When the staff handed her $2,514 in cash, she offered to return $1.20. But their reply to her, she said, was: 'Keep the change.'

BAHAYA JANGAN TERPEDAYA DENGAN TAWARAN PROMOSI DARI TRUE FITNESS!


"Few times both of us "me and my friend" <don't know how they ot our number > received calls from True Fitness Club telling that there is a free trial given to us and we can go there anytime and experienced the facilities if interested we can be a member. So after numerous call received we made our mind to give a try.

The first day we went, we were not even given a chance to try first but were almost forced to sign up by their people. We also blindly signup, because the main reason they said we can terminate at any time. We don't know how to put this, rather a difficult position for us to get an appointment letter/ job posting in Penang, which we have to shift from Selangor to Penang. So we have given the letter to the Fitness Club in PJ to clearly express our situation and to terminate our membership.

That's the problem started where, they delay and delayed the termination process and we realizes that they proceed to charged our credit card even after we tendered our letter and even after attaching the appointment letter.

Every time we come down to KL just to settle this issue, we met the officers who promised to look into this matter but never return to us neither gave us any feedback. Believed it or not, they dragging until now and successfully charged us in auto debit for 6 months.

Even though we begged the bank they also never listen to us, they require the bank to come forward. We loss the job just because we have to go up and down to the above said Fitness Club but they were not considerate at all to charges us for a services which was never tendered at the first place.

We even when to the extent blocking the credit card, but they have never given up, they sent us a legal notice and summon letter to appear in court for the rest amount. What an injustice, please help us.

SUMBER :http://www.nccc.org.my/v2/index.php/...ms-is-alarming