Complaints

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• Initial Complaint

  Date:02/05/2023

  Type:Billing Issues
  Status:

  AnsweredMore info

  Complaint statuses

  Resolved:

  The complainant verified the issue was resolved to their satisfaction.

  Unresolved:

  The business responded to the dispute but failed to make a good faith effort to resolve it.

  Answered:

  The business addressed the issues within the complaint, but the consumer either a) did not accept the response, OR b) did not notify BBB as to their satisfaction.

  Unanswered:

  The business failed to respond to the dispute.

  Unpursuable:

  BBB is unable to locate the business.

  Hello,
  
  My name is ******* ********. I have recently been notified by a collections agency that Wynn has been charging me since 2020. The balance is outstanding. I have never received an email, mail, call, to be notified of this matter
  or any outstanding balances owed.
  
  Furthermore, the gym was charging without my notice but never processed.
  
  I have spoken to a manager at Keele and Wilson location, to request my original contract and review dates.
  
  Manager has noted it will take a few days to get contract from head office as there is no file on record.
  
  During the pandemic, I did call numerous time to be notified of the status of my account.
  
  I was never emailed, mailed or received a call to notify me of defer payments or any outstanding.
  
  I called my credit card company and there was no payments being processed within 2020, there was no outstanding payments notified.
  
  If I can kindly get a resolution.
  
  Thank you

  Business Response

  Date: 02/05/2023

  The client has also contacted our Member Services for a copy of her agreement (**** ******** ** **** *****).

  The client entered into a one year contract, starting on September 19, 2019 for 26 biweekly membership payments through to September 8, 2020.  Payments were successfully being processed up to January 14, 2020.  After this date all payments were returned as declined.   This was prior to the initial Pandemic lockdown (March 17, 2020).   Default on the account occured prior to the lockdown.
  
  During the Government mandated closure all members were emailed to advise to contact us to defer their obligated payments. We requested authorization from buyers as this extended the contractual term. We did not hear from this client to either defer payments or to officially cancel the membership.  During the Pandemic we were only accepting email communication as our Clubs were closed, there was no one answering phones during the closures.

  The email on file for this client is different from the one she is using to communicate with us now.  She has been advised to check the email she provided to us for the notifications sent to her.

  The owing balance sent to collections is for the obligated payments not paid as per the agreement she signed.  Although we were closed, obligated payments were either paid or deferred.  Time credits were provided to clients who paid during closures.  This client has not requested a cancellation or contacted the Club for information in 2.5 years.   The owing amount is for obligated payments and are payable.
  

  
  

  Customer Answer

  Date: 02/05/2023

  
  
  Complaint: ********
  
  
  
  I am rejecting this response because:

  There is not an original copy of a signed contract. An electronic contract with no signature was provided.  
  
  
  
  Sincerely,
  
  
  
  ******* ********

  Business Response

  Date: 10/05/2023

  Hello, we have responded to ******* on May 5 (**** ******** *****) advising her that our original signed copies are stored offsite and we have limited availability to retrieve the documents.  We have a request in for retrieval which could take 10-15 business days.  We will provide to her at our first opportunity.

  The original customer copy was provided to ******* on the day of signing, she has not been able to provide her copy.

  Thank you.

  Customer Answer

  Date: 11/05/2023

  L
  

  The two contracts have different **** numbers.
  Original contract has a visa ending with ****. 
  I have spoken to **** they have notified me that card never existed. 
  The picture of the credit card ending with **** was closed due to ********** activity in 2019, confirmed by ****.
  
  My bank has also notified me that there was no attempts made from Wynn fitness from January 2019 to September 2020. ( no missed payments)  They looked up the account, regardless if credit cards are replaced they have access to see if there was any attempts made from any institutions. 
  
  However, there was attempts made this year 2023 for February, March and April- $50 every other day.
  There are was never a line of communication to process those transactions 2.5 years later.

  I welcome the opportunity to discuss further and find a solution to rectify the matter. 

  Business Response

  Date: 15/05/2023

  Hello, *** ********** ********* *** *** ******* *********** ** ******** *** *********.

  The new membership agreement dated September 19, 2019 had pulled information on account to fill in the billing information field (this card on file expired 03/20). This was from the previous (cancelled) membership agreement dated 

  December 14, 2017 (cancelled July 7, 2019).  On that day of the new registration, the member provided a new credit card (which we copied and attached to the agreement).  If the card became unavailable at any time during an active agreement, the buyer must notify the business of changes to the billing on file.  This was not done.

  ******* has claimed that the billing was not tried to the card on file, I would like to clarify that the payments stopped processing to the card in January 28, 2020 through to March 7, 2020, attempts were made on the card for these dates.  From March 24, 2020, the Pandemic closed down all businesses and no billing attempts were made until reopening on July 28, 2020.  Payments did not process even after reopening.  

  The buyer signed and agreed to make 26 biweekly membership dues payments.  As of January 14, 2020, only 9 of 26 were successfully made.  The amount owing is for the remaining obligated payments on the agreement.  

  At no time did the buyer reach out to us to cancel the agreement, before, during or after the Pandemic closures.

  Regards,

  Customer Answer

  Date: 16/05/2023

  Complaint: ********
  
  
  
  I am rejecting this response because:
  

  The two contracts have different **** numbers.
  
  Original contract has a visa ending with 1159. 
  
  I have spoken to **** they have notified me that card never existed. 
  
  The picture of the credit card ending with **** was closed due to ********** activity in February 20 2020 confirmed by ****. 
  
  My bank has also notified me that there was no attempts made from Wynn fitness from January 2019 to September 2020 with credit  card ending in ****. They looked up the account, regardless if credit cards are replaced they have access to see if there was any attempts made from any institutions. 
  
  Wynn has made attempts from Feb 7 2023 to April 5 2023-$50 every other day. 
  
   There hasn’t been a line of communication to help rectify the matter since proceeding with attempts this year. 
  

   

  
  Sincerely,
  

  
  
  
  ******* ********