Bally's has been sending me collection notices for the past 5years telling me I owe 2,000. I never opened an Account with Bally Total Fitness ever! When I first became aware of this situation I talked with a rep from Bally's and my soc.# is correct but my age is not. they have on File I'm 35yrs old which is 14 yrs too old. by my calculations I would have been a minor when I opened this account. How can I enforce them to clear this from my credit ratings?
2007-02-09 11:26:34 · 5 answers · asked by Fernando M 1 in Politics & Government ➔ Law & Ethics
Tell them in writing to stop calling or contacting you under the Fair Credit and Reporting Act. If they report you to a credit bureau you have an action to collect from them in civil court.
After seven years the statue runs out for credit reporting as long that you don't pay them any thing.
2007-02-09 11:35:36 · answer #1 · answered by Sgt 524 5 · 0⤊ 0⤋
There a couple of things you can do. PLEASE READ!!
One is you can have a lawyer write a letter to Ballys explaining that you would have been in fact a minor when you would have signed a contract, and that being the case a minor can not legally sign a contract. That means that their contract is null and void. The lawyer can also explain that you will sue them if they do not clear this up and drop it totally. What a mess!!
Also, file a police report to show Identity thief of your social security number. Take that with you as well.
Another thing that you can do is take them to small claims court and sue them there. If you do that make sure that you take your birth certificate with you to prove your age, the age you would have been at the time. I don't know if you can get money for the harassment but you can try asking for what they are saying that you owe plus the court costs. You can not sue for travel or lost time off of work.
Either way take your birth certificate with you to prove how old you would have been at the time the contract would have been made.
But do one or the other. Either way it should work to end the drama they are causing you. Check your TRW (credit) as It may be causing you a problem there and if it is take them to court and sue them for the max you can get. Because then it is going to take you time to clear that up.
2007-02-09 23:01:54 · answer #2 · answered by Cindy 6 · 0⤊ 0⤋
Sounds like Identity Theft has taken place. The best way is with a letter from an Attorney and then get covered with protection for the future. Try the sites below, watch the online movie presentations. This is the most affordable way to get this issue resolved. Hope this helps.
2007-02-09 19:33:10 · answer #3 · answered by citronge69 4 · 0⤊ 0⤋
Write letters of dispute to all credit agencies as well as the collection agency sending you letters. Tell them this is a case of identity theft and you are not responsible. They'll remove it from your credit history.
2007-02-09 19:53:14 · answer #4 · answered by Lisa S 3 · 0⤊ 0⤋
You need to talk to them again, and have them send their documents to you. Compare signatures, report them to the Better Business Bureau for harrassment, sue them. They are messing up your credit and might be doing it to others. Get on the offensive, not just the defensive with these people.
2007-02-09 19:41:43 · answer #5 · answered by Carlene W 5 · 0⤊ 0⤋