Does anybody know weather there is anyone you can call for free legal advise in Alberta? Feel like a total foreigner when I can't put my finger on who to call.

Just need to know if we are in the right or not. Daughter aged 17 joined a gym. She was under aged so got her cousin (who had just turned 18 a few days before) to sign as a guarantor. STUPID the pair of them as neither of them have used the gym and have been charged a rake of money.

Anyways we went to the gym to see how we could settle the fees and get her out of the contract. The girl on the desk made some phone calls then came back and told us an amount to pay in order to terminate the contract. We paid cash to do this and the girl signed a receipt and wrote on that all dues are now paid and has cancelled.

Then company carries on taking money from my daughters visa account and when we ring back we get told that the girl we saw was not a manager and therefore not authorized to cancel the contract.

Then head office phone to say that she still owes $500 and they will need to be paid in order to cancel contract. My husband explained about what we had been told and that the girl has signed to say she owes nothing and to take us to court! But not sure how it all works over here!

Then to top that get a phone call from one irate sister because they have phoned her daughter (guarantor) and said they will blacklist her !

I know they signed the contract in the first place, but really they did not understand the implications and I am fuming that the gym did not phone the parents to be guarantors then we for sure would have been able to explain what they were getting themselves into.

Unfortunately, Gyms are notorious for this kind of unprincipled business practice.

Hopefully Almost Canadian will be along soon as he is best placed to advise you on the legal side.

However, I suspect there is not a chance that they will take you to court.

But they may blacklist my niece?

Someone may know if gyms report to credit bureau. If not, and I strongly suspect they don't, then what harm will a "blacklist" do? I doubt she wants to go back to the gym in any case.

Tell them if they try anything you will write to the papers, warn people in public forums (and name them!). They don't need bad publicity. If she had just stopped paying them they might have a point but if you have written acceptance, for consideration, of the cancellation of the contract signed by someone you had good reason to believe could contract on behalf of the gym I don't think they have a leg to stand on. I also don't see how a contract with a minor could be enforceable in any case. A gym membership is hardly a necessity.

Hopefully AC will give you some real advice.

You can call the Law Society's Lawyer Referral Service on 403-228-1722 or 1-800-661-1095. They will provide you with the names and contact details of 3 lawyers local to you that will provide you with up to 30 mins of free advice (each lawyer).

My take on this is that, when you paid the amount requested, the contract was fulfilled and is now null and void. The only real argument against this is that the girl on the front desk did not have authority to agree to this (as they seem to be suggesting). How was the contract entered into? If it as via the same type of front desk girl, this blows their argument out of the water. There argument is weak anyway as their housekeeping is a matter for them, not for the general public to concern itself about.

Your husband's position is the one I would adopt - shut up or sue me! If this gets before a Court, I see no reason at all why the Court wouldn't find that the contract has terminated.

You may find it easy or difficult to stop the payments being taken from the account and that will depend upon your bank. You need to attempt this straightaway.

Like JonboyE has stated above, I don't know what they mean by blacklisting. If they are talking about credit reporting, both girls should obtain a recent credit report to see what has been placed there and, if anything is amiss, contact the credit rating agency to look to resolve it. I will be amazed if your daughter has anything in her report.

Unfortunately, I have seen similar things happen to lots of clients in the past. IMO the ability for creditors to be able to allege problems with debtors is far too easy in Alberta and does not require them to obtain a Court judgment for proof that an amount is owed.

I suggest that you call lawyer referral as the lawyers you speak to will be able to provide you with contact details for agencies local to you that may be able to assist.

Best of luck and feel free to post further questions should you need to.

I have no idea if either girl is on the chubby side? but it's a popular misconception that just joining a gym (though not attending),will somehow magically give one the body of a supermodel. This theory has generally been found to be somewhat flawed.

Maybe the girls could get say a paper-round to help pay off the debt? The exercise and fresh air would also help with their general fitness and weight concerns.

Hi...I am said Daughter, who is now 18 just for the added information.
Wasn't really looking for the body of a supermodel, i didnt have one but am closer than most are. I just liked the idea of staying fit and healthy and thought it would help me with my Rugby. I am a centre, which is in the back line, and incase you don't know too much about rugby, the backs are generally smaller, slimmer people who do most of the running and sprinting. However, the gym i joined was too much of an inconvenience to go to as it was so far out the way, and having a busy school, work and Rugby schedule i couldnt find the time to go. I did have a paper round, and after working full time for 40 hours a week and doing school along with coaching and playing rubgy, i dont think i have time for a paper round, nor do i that desperately need excercise.
So in conclusion, to fill you in on your post, no im not chubby, nor was i seeking a supermodel body, and yes it maybe a popular misconception that joining a gym will do that, but i am not with the popularity on that one. My rugby has more effect with my "general fitness and weight concerns" than a paper route would.
Thank you for your input though, i found it quite helpful

No my daughter is slim but wanted to join so that she could maybe meet some friends, having found this much harder than we would have expected. She was 16 when we came to Canada and joining high school at that age was no picnic! She has always been the most social and friendly girl with lots of friends, but this has changed since arriving here. (not for her want of trying)

Thanks for the responses everybody. I am glad that I asked the question. I am going to seek advice and see where I stand on this one, but also want to warn any young people out there who may be thinking of joining the gym, to read the small print and take a parent with them!

You're welcome.

Now, on the rugby front I'm a little concerned. If I'm not mistaken Mike Tindall is a center for England, and although his athletic build and rugged charm won over a royal bride, I can't believe for a moment that your chances of bagging a husband would be enhanced if you were to end up with a face like his?

So in light of this, have you considered net-ball or even rounders as a safer, less tom-boyish option?

Here in Ontario there is a 7 day cooling off period where one can cancel without any repercussions. Suggestion would be to take your story to a news channel and perhaps they can do a story on this matter. I have seen this happen on the TV and I live near Toronto. It is a human interest story and perhaps they may be interested in reporting your story. It does not put the gym in a good light and they may wish to avoid the negative publicity. Just a thought. Good luck and I hope you get this resolved.

Zippadydoda...I see you said that the money is still being taken from your daughter's visa account. I assume this is a credit card account...if so call the credit card company...ask them to put the matter in dispute and stop further payments.

Haven't you got anything better to do?

As has been said already, call the credit card company, dispute the payment and ask for a chargeback on fees already paid, provide any paperwork you have to support this. The credit card companies are usually very helpful with this.

Never heard of a gym reporting to the credit bureaus. What they may do is pass the matter on to a collections agency, far more likely than a court action. Always a good idea to appraise yourself of the Consumer Protection Act in your province and the restrictions placed on collections agencies. In BC, as soon as you tell them not to call you and to take you to court, they can only contact you in writing. Often they give up if there is little chance of collection.

This might be of help.

http://www.ic.gc.ca/eic/site/oca-bc....h_ca02149.html

have a look at this

http://www.cbc.ca/marketplace/2011/biggymripoff/

Personally, don't see where a lawyer will be more help than further draining the bank account. The long and the short of it, is the person who signed the guarantee is ultimately responsible for the debt unless the contract can be proven to be invalid or cancelled.

I suppose I could always go and sign up with a gym?