• Content count

  • Joined

  • Last visited

Community Reputation

7 Neutral

About Tigre

  • Rank

Profile Information

  • Location Tübingen
  • Nationality USA
  1. Gym/Clever Fit wants to collect nonexistent debt

    Thanks again @jeba. Your message makes sense. Unfortunately I cannot speak to someone there as they don't appear to have anyone answering their phones.   Whenever I have tried calling their Tubingen office, I get disconnected after many rings without an option to leave a message.   Their website legal page gives contact information for their main office in Landsberg am Lech. When I call that number, there is also no option to speak to a human being. It either directs you to contact your local studio, or if you choose option 2 to speak to someone about another issue, it asks you to send an email.   I will send an email to their main address clearly stating the end of my contract. That is the best I can do, short of sending a certified letter to their headquarters.   How about this as a final message to send to the main office (info@clever-fit.com) and CC'd to the Tubingen office I've been in contact with? Do you think I should include the fact that I tried calling but had no option to speak to a person?   Sehr geehrte Damen und Herren,   bitte betrachten Sie meine email vom 27.11.2020 als Kündigung meines Vertrages mit Ihnen zm 30.11.2020. Für den Fall, dass dies nicht möglich sein sollte, kündige ich hiermit hilfsweise zum nächstmöglichen Zeitpunkt.   Wenn ich bis zum Ende dieses Monats keine Antwort erhalte, betrachte ich diese Kündigung als zugegangen und die Vertragskündigung als akzeptiert, und alle weiteren Gebühren im Februar oder darüber hinaus als ungerechtfertigt.
  2. Gym/Clever Fit wants to collect nonexistent debt

    Thank you @jeba.   Your points make sense. My original emails could have been more clear.   I will send the text you sent in the last message. My email provider does not support read receipts, unfortunately. What do you think about adding the following statement (translated into German):   If I do not receive a response from you within 5 business days, I will consider this cancellation request as received and the cancellation of my contract to be valid as of the date originally requested, November 30, 2020.
  3. Gym/Clever Fit wants to collect nonexistent debt

    Hi @jeba,   Thanks for your help on this.   To answer your questions:   1. Below are copies of the emails I sent them. They were in English as below. You could argue the first message is not a clear expression of my revoking the contract, though the second is more clear.   2. In the past week, I went into my bank account and for the December 1 charge selected "Lastschrift zuruckgeben." The money was promptly refunded by my bank.   When you ask if I revoked the Lastschriftermächtigung, I'm not sure what that is. Is that a separate step with my bank to deauthorize future direct debits from cleverFit?   3. I would be happy to simply handle this with my bank, if that's what you're suggesting above. However from reading other threads here (including this one) it seems they could come after me for breach of contract. If I send a certified letter and receive proof of delivery, then I have evidence they received my message in case they try to come after me legally.   Are you saying I'm overthinking it?   Personally, I think it is ridiculous that would be necessary. I'm from the USA, and only lived in Germany a year, so please forgiveness my ignorance. Most subscription-based businesses here let you cancel online or by email. If a business requires you to cancel over the phone that's increasingly considered outmoded and an imposition to the customer. Having to send a certified letter would be unthinkable!   Thanks again.   --   Nov 27, 2020 Hello, I joined the gym in September after moving to Tubingen with my wife. Unfortunately, I had to return to the US last week and will no longer be able to use my membership. Please let me know how we can get my account cancelled. Thank you, [Tigre]     Nov 30, 2020 Hello, I am just following up to my message from last week. I have attached my de-registration form as well as a copy of my plane ticket as proof of the move. I trust that we can avoid any charge for December as I have demonstrated I am no longer in Germany. Thank you, [Tigre]    
  4. Gym/Clever Fit wants to collect nonexistent debt

    Sincere thanks to everyone for the replies on my question. I'm just getting back to this now after the holidays   How does the below look to send by certified letter to cleverFit? I used DeepL to translate it (original English below).   --   Sehr geehrte Damen und Herren,   Ich bin am 17. November aus Deutschland ausgezogen und habe dies Ihrem Fitnessstudio am 26. November per E-Mail mitgeteilt. Weiterhin habe ich eine Kopie meines Flugtickets und die Abmeldung beigefügt.Diese Unterlagen und die E-Mail-Korrespondenz sind hier nochmals angehängt. Wie in Ihrem Vertrag steht, ist ein Wegzug ein Kündigungsgrund. Seitdem habe ich keine Antwort von Ihnen erhalten, und ich wurde wie üblich am 1. Dezember und 4. Januar abgerechnet.   Ich schreibe Ihnen, um Ihnen erneut mitzuteilen, dass meine Einzugsermächtigung mit sofortiger Wirkung widerrufen wird.    Mit freundlichen Grüßen   --   I moved out of Germany on November 17 and informed you of this by email on November 26. I further included a copy of my plane ticket and de-registration. These documents and the email correspondence are attached here. As your contract states, moving away is grounds for termination. I have not received a response from you, and I was charged as usual on December 1 and January 4.   I write to inform you now that my direct debt authorization is revoked with immediate effect.   
  5. Gym/Clever Fit wants to collect nonexistent debt

    I'm in a similar situation now, though they have my bank info so I may have to close the account to stop them pulling any more unfounded payments.   Did you send the above response to the lawyer Oxycom, and did that settle things for you?
  6. Unfortunately I had to move out of Germany last month. I had a membership with cleverFit and emailed them the last week of November explaining that I had moved out of the country. I attached my de-registration form.   They haven't responded after multiple emails and attempts to reach them by phone.   I was charged for the month of December on 12/1, even though they received my information prior to that date. They have already taken one unauthorized payment, and I absolutely do not want them to draw another payment on January 1st.   Do I have any options besides closing my bank account (comdirect)?   Thank you so much for any assistance!