Premier Fitness has a lot of experience pushing the envelope of the law and intimidating former members into paying additional dues that are not justified. Threats include 1) you are bounded by a signed contract, therefore your fault for not reading the fine print; 2) threatening to destroy your credit, your reputation to revenue Canada, your employer, etc. and 3) having a credit collection agency, specifically Michelle Smit of Stephen Walter's law office hound you incessantly, sending burly men to pound on your front doors and finally 4) threatening to take you to court.
Do not give in - make your stand, know the law. They are counting on greater than 95% of such false claims against cancelled or lapsed memberships to either cave under the above listed threats or former patrons just not wanting to deal with the stress. Do not give in. Its laughable when we read triumphant blogs of members having "reasoned" with Premier Fitness and settled on a reduced amount! Ridiculous - that's not a win, that's giving in and emboldens Premier Fitness to continue this unlawful practice. Here's how to use the law to protect yourselves and if you believe you have been unfairly treated and victimized by this unscrupulous scam artists operating as a fitness club:
1) Signed contracts, automatic renewals: No matter what the contract says, the club cannot renew your membership automatically. It must provide a renewal notice at least 30 days before your contract ends, and it must give you the chance to refuse renewal. Check out Ministry of Government and Consumer Services Bureau at 416 326 8800 or toll-free 1800 889 9768 www.ontario.ca/consumerprotection or Info. MGS2ontario.ca. Premier Fitness has consistently use that ploy of accumulating four months of so-called "late-fees" and issuing a late payment notice even though you're contract ended or cancelled or whatever -- this will not hold up in court. Fight - make your stand. Write to the Registrar, Consumer Protection Branch at 5775 Yonge Street, Suite 1500, Toronto, Ontario M7A 2E5 and make your case and request they investigate Premier Fitness.
2) Threatening to destroy your credit rating: First, this is almost always an empty threat but if they do carry it out, here's how you protect yourself: request a free credit report by the two credit reporting companies in Canada: Equifax Canada Inc. (www.equifax.ca) and Trans Union of Canada. View the information - chances are Premier Fitness have not made even a dent or report against you to so-call damage your credit. Take pre-emptive measures though - and write to these two agencies to let them know that should a false claim/report be made by Premier Fitness/Stephen Walters Professional Corporation - that this "false claim is in dispute". This will be for the record.
3) Incessant collections calls and letters from Michelle Smit - the collection agency "Stephen Walter's Law Office" hired by Premier Fitness: collection agencies are governed by consumer act -- they are regulated in the times they can call; they are not allowed to pay you a visit at your home; they must properly identify themselves, the client they represent and the amount owned (that is not the case with this agency); and they cannot call you before they send you a letter. If they break these rules, write to Consumer Protection Branch of the Ministry of Government and Consumer Services (above #1). Check out Collection Agencies Act and its regulations. Also, report Stephen Walter for the conduct of his practice (since his name is used for collections) to the Law Society of Upper Canada: www.lsuc.on.ca/public/.
4) Threatening to take you to court: please let them know that you "eagerly await a court date". First of all, Michelle Smit is paid a commission of approx. 10% of whatever she can successfully scam. To take you to court for any amounts less than $1000; they have to pay court fees and other associated fees that can total $1500-$2000 and with no assurance they will win against you especially if you have facts on your side and demonstrate you have been a victim of unfair and unlawful business practices.
In the meantime, protect yourselves by ensuring everything is in writing; read all the consumer protection laws readily available on the web by the Ontario government and finally, our advice which we've used successfully -- fight, use the law to protect yourselves. If you are right -- why cave-in?
Henke
Toronto, Ontario
Canada
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