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Breach of Contract on Recurring Credit Card Transactions

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Arresto Menor
My wife joined a 5-month program with a well known fitness club and paid via her credit card on a recurring basis. Then before the contract ended, she informed the manager that she'll be cancelling her contract, that was 2 weeks before it ended. She even signed the cancellation form, which was also signed by the manager. In short, we complied with their procedure and requirements.

The contract ended in March 2014, but the fitness club charged her credit card again for the month of April. Our communication with them so far is only by phone and email. We haven't gotten any response for almost a week now. I plan on going to their office in Makati this week. How should I approach them? Who do I talk to? Should I be bringing my request letter to refund what they took?

I tried talking to my bank regarding unauthorized charges but they said that this particular fitness club didn't submit my wife's contract with them so they are unable to make any kind of move to prevent them from charging the card. The bank said that since my wife authorized the club to make recurring charges on her card, that only they have the control to stop these unauthorized charges. The thought of cancelling my wife's credit card or informing them that the card is lost did cross my mind.

I'm havin' second thoughts asking for my refund in cash, since they didn't even refunded my wife's rebates worth 1,990 Php. If they're having problems refunding the 1990 rebates, how can I ask for the 3,150 to be paid in cash? Can I ask for damages for the inconvenience they've caused me? My wife has  just undergone an IVF procedure so I don't have that much cash to file a law suit. Please advise.



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Arresto Menor

I suggest that you relay this concern to BSP and they'll surely assist you about this matter. I had the same situation before and it was resolved! Don't forget to copy your bank's customer service email address when you send it at consumeraffairs and include any copy of the documents >cancellation and dispute form< that can be use as a proof for your claim.


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