BMW M3 Forum (E90 E92)

BMW Garage BMW Meets Register Search Today's Posts Mark Forums Read


Go Back   M3Post - BMW M3 Forum > BIMMERPOST Universal Forums > Off-Topic Discussions Board
 
ESS Tuning
Post Reply
 
Thread Tools Search this Thread
      07-17-2012, 01:05 AM   #1
hl0m4n
Brigadier General
United_States
355

 
hl0m4n's Avatar
 
Drives: BMW
Join Date: Nov 2006
Location: NY


Posts: 4,858
iTrader: (42)

Question You Make The Call #2: Who Is At Fault ???

i have been going to the same gym since for 6 years @ $60 month ($4,320). about one month ago while i was working out, the manager interrupts and tells me in short, they don't have a record of me paying for my membership for the last 2 years.

i was shocked and the manager told me she is speaking to the book keeper to see what is going on. found out later by manager there was an employee that was stealing cash from new membership sign ups and not registering it into the system.

later that week, i was at a beach house and got bit by my friends dog and got 8 stitches. haven't gone to the gym for a month and today was my first day back. the manager was at the sign in desk and immediately brought up the topic of my missing membership payments.

she explained she tried to call me numerous times (i never got a call) and thought i bailed because i disappeared right after we had the conversation. i told her i have a legitimate reason i was out and she rudely replied, "o yea & whats that?" i showed her my hand and she acknowledged and tried to joke it off matter.

she then tells me that after looking, they have no record of me paying for the past 2 years and asked if i have any receipts, records, etc. i have been going to the gym so long i just throw out the receipt like everyone else after they sign up; even if you did keep it, you're not going to have a gym receipt from 2 years back...

so to conclude, she said she is going to talk to the former employee that got fired and call the cops to get this matter sorted out along with i might have to pay the missing 2 years ($1,440). i said ok talk to the employee, you have my # give me a call anytime to sort it out and proceeded to my workout.

so i don't have any proof that i paid for the past 2 years, the gym doesn't have a record, and the former employee i doubt is going to say he jacked my cash. i feel i have done nothing wrong nor should i be obligated to pay the missing 2 years. it is the manger & business owner's job to make sure they hire proper employees and to keep a record of their financials; i mean if it took you 2 years to see you have no record, that just speaks for itself no?

so what do you guys think?

cliffs:
1. gym has no record of payments for past 2 years cause former employee was jacking cash and not registering in system.
2. gym wants me to pay the amount missing
__________________
Cars: 07 335i ► 09 328i ► 11 328xi ► 13 M3
Reviews: 335i Supersprint Exhaust, C/F Trim Wrap, Alcantara Boots, VMR V710, Saikou Michi OCC, Royal Steering Wheel
For Sale:
Want To Buy:

Last edited by hl0m4n; 07-17-2012 at 01:18 AM.
Appreciate 0
      07-17-2012, 02:13 AM   #2
nyjrkm06
First Lieutenant
Greece
8

 
nyjrkm06's Avatar
 
Drives: Arctic Blue 328i
Join Date: Jun 2010
Location: Queens, NY


Posts: 346
iTrader: (4)

dont you have bank or credit card statements to prove your payments?
__________________
Appreciate 0
      07-17-2012, 02:19 AM   #3
scollins
Bootleggin' 'n Gunrunnin'
No_Country
35

 
scollins's Avatar
 
Drives: 2010 e70 X5 35d
Join Date: May 2007
Location: Renton, WA


Posts: 2,345
iTrader: (3)

He's baller status, pays in cash all the time....
__________________
Scott
2010 E70 X5 35d
Alpine White on Black with Dark Bamboo trim
ZAP | ZCW | ZPP | ZPS | ZRC | ZTP | 322 | 328 | 330 | 386 | 4AZ | 4UB | 655 | 6FL | 6NF
2008 Ducati 1098S Red naturally....
Appreciate 0
      07-17-2012, 03:05 AM   #4
Comet
Troll Harder
Lebanon
70

 
Comet's Avatar
 
Drives: 997 GT3, 997 4 GTS, X6M
Join Date: May 2007
Location: Montreal, Beirut


Posts: 596
iTrader: (0)

Garage List
1) CC statements
2) I don't know about your gym, but my membership card won't let me through the door if it is expired. Most memberships have an expiry date, and I doubt ANY gym gives you the membership based on your word. The fact you have a membership proves you paid.
3) It is their word against yours and they admitted that they had someone stealing membership money
4) change gyms to a less shady one (60$/month is pretty cheap for a Gym Membership)
__________________
Appreciate 0
      07-17-2012, 03:27 AM   #5
fokus45
Enlisted Member
0

 
Drives: little blue dune buggy
Join Date: Jan 2011
Location: WY


Posts: 43
iTrader: (0)

It is their own problem if they let somebody use the gym for "free" as they see it. There is no way that you should have to back pay any of that. Definitely change gyms if they try to pursue that. They would be in the wrong to do anything but start over from scratch.
Appreciate 0
      07-17-2012, 05:57 AM   #6
Draven
Top Droppin'
2

 
Draven's Avatar
 
Drives: '10 e93
Join Date: Apr 2009
Location: Merrimack, NH


Posts: 126
iTrader: (0)

Security footage. Think back to the last time you paid, tell them. End of story.
Appreciate 0
      07-17-2012, 06:07 AM   #7
karliejai
Da Kid
Hong Kong
53

 
karliejai's Avatar
 
Drives: JetBlack e90 335i
Join Date: Mar 2007
Location: Livingston, NJ


Posts: 4,577
iTrader: (4)

Send a message via AIM to karliejai
ur about to get jacked TWICE by the manager on ur membership $
bet you he stole ur money

what kind of gym let you pay cash? So you just drop cash at the front counter every month?
__________________


MODS: OEM Front Splitter | ACS Roof Spoiler | OEM Trunk Spoiler | Matt Black Front Grill | Black Shadowline Window Trim | Painted Front Lower Rod | Blacklines | JDM Yellow Fogs | Custom Silver CF Headlights with LUX 4.0 | Eisenhaus Sports Exhaust
Appreciate 0
      07-17-2012, 08:12 AM   #8
MadDog
Careful, I Bite.....
United_States
14

 
MadDog's Avatar
 
Drives: 2006 325i
Join Date: Dec 2006
Location: S.F. Bay Area


Posts: 504
iTrader: (0)

Garage List
2006 325i  [3.75]
Chelsea stole your money.
Appreciate 0
      07-17-2012, 08:17 AM   #9
stylinexpat
Captain
36

 
stylinexpat's Avatar
 
Drives:
Join Date: Aug 2008


Posts: 809
iTrader: (0)

Quote:
Originally Posted by Comet View Post
1) CC statements
2) I don't know about your gym, but my membership card won't let me through the door if it is expired. Most memberships have an expiry date, and I doubt ANY gym gives you the membership based on your word. The fact you have a membership proves you paid.
3) It is their word against yours and they admitted that they had someone stealing membership money
4) change gyms to a less shady one (60$/month is pretty cheap for a Gym Membership)

Question is though if every time he entered he had held a valid membership. If he did then they would have to hold responsibility because in order for him to have a membership then he would have to have paid the membership fee.
Appreciate 0
      07-17-2012, 08:21 AM   #10
Augenbrauezug
Captain
16

 
Augenbrauezug's Avatar
 
Drives: mk6 GTI
Join Date: Oct 2010
Location: Denton


Posts: 657
iTrader: (1)

They already admitted that they had an employee stealing cash, they have been letting you in the gym, and they've allowed this to go on for 2 years? I understand them bringing it to your attention, but as a business they need to just chalk up the loss and be sure they don't have employees stealing money.

I'd be furious if she talked to me that way. Just cancel and find a new gym, $60 a month is outrageous, at least where I live.
__________________
Bimmer-less ATM
Quote:
Originally Posted by JayKay335i View Post
Straight PIITB. Then eat dumplings.
Appreciate 0
      07-17-2012, 08:50 AM   #11
smyles
Private First Class
2

 
Drives: X5
Join Date: Jan 2012
Location: DC


Posts: 196
iTrader: (0)

Quote:
Originally Posted by hl0m4n View Post
...along with i might have to pay the missing 2 years ($1,440)....
Why would you have to pay the missing 2 years? Is there some wording in a contract you've signed? They let you in all that time, you might as well say "hey, I've started coming here just last week, not sure who was the person you were allowing to enter before".
Appreciate 0
      07-17-2012, 08:57 AM   #12
TeRRoRiFiC35
Private First Class
4

 
Drives: Car
Join Date: Apr 2011
Location: NJ


Posts: 110
iTrader: (0)

It's the responsibility of the company to bite the bullet on this one if one of their employee's was stealing. Better question is why their bookkeeper didn't find this irregularity for 2 yrs.
Appreciate 0
      07-17-2012, 09:54 AM   #13
Rodzilla
Lieutenant
United_States
11

 
Rodzilla's Avatar
 
Drives: 2008 Montego Blue 135i
Join Date: Dec 2010
Location: Miami, FL


Posts: 410
iTrader: (5)

Garage List
2008 BMW 135i  [0.00]
Send a message via Yahoo to Rodzilla
Not you fault the gym does not know how to run its business. Tell them to go pound sand.
__________________
There are no impossible deeds, only incapable men.

Eibach frontsway,BMS JB4,AFE Drop InBerk Street Axleback, H&R SPORT SPRINGS,Active Autowerke DP's ,Active Autowerke BOV,Active Autowerke FMIC , BMWPEDALS.COM, JB SPEED Black Grills,Alpina B3 TCU Flash
Appreciate 0
      07-17-2012, 10:14 AM   #14
Gladius
Two Wheels or Four?
United_States
9

 
Gladius's Avatar
 
Drives: '07 SG Z4MCoupe
Join Date: Mar 2007
Location: Colorado


Posts: 552
iTrader: (0)

So you paid $1400 cash upfront for a gym membership for 2 years?
__________________

'07 SilverGrey Z4M Coupe
Appreciate 0
      07-17-2012, 10:24 AM   #15
Templar
Lieutenant Colonel
United_States
31

 
Templar's Avatar
 
Drives: 2011 E92 M3
Join Date: Feb 2009
Location: One of the coasts...


Posts: 1,818
iTrader: (1)

Garage List
2011 BMW M3  [5.00]
I guess this is why I set up my gym membership to charge my credit card every month, so now if they try this shit I can print my statements and tell them to DIAF.
__________________
'11 BMW E92 ///M3 - ZCP and DCT
'13 Toyota Tundra - 4x4 Platinum CrewMax, 5.7l iForce V8
Appreciate 0
      07-17-2012, 11:05 AM   #16
Maestro
Captain
40

 
Drives: 2007 335i Sedan
Join Date: Nov 2006
Location: Philadelphia


Posts: 894
iTrader: (0)

Wait a second, they claim you have not paid for 2 yrs, how do they know you have not paid, it was cash, as such if the person stole the cash how do they know it was your cash and not another persons cash. Turn the tables on them, have them prove you never paid. Have them prove you have been using the gym for the last two years without paying. At this point they are assuming you did not pay. Ask them if you did in fact not pay, how come you have a valid member ship, just because they have no record and have poor record keeping practices is not proof you never paid.

When thing like this happen I try to turn it around on them.
Appreciate 0
      07-17-2012, 11:23 AM   #17
infinitekid2002
Creepin while ya sleepin
United_States
50

 
infinitekid2002's Avatar
 
Drives: Like a Bat out of Hell
Join Date: Nov 2007
Location: City of Angels


Posts: 3,398
iTrader: (4)

Garage List
2008 135i  [3.71]
LOL no way ur paying...their story is either that they let you workout for 2 years without asking you to pay, or did not notice, and then finally decided to bring it up? (and the subplot is that they acknowledge an employee has been stealing money) lulz...not gonna work

it's their burden to show u owe anything at this point..gl with that
__________________
Appreciate 0
      07-17-2012, 12:46 PM   #18
ragingclue
One cam is enough
84

 
ragingclue's Avatar
 
Drives: VF
Join Date: Oct 2008
Location: mulletville


Posts: 6,814
iTrader: (1)

Quote:
Originally Posted by infinitekid2002 View Post
LOL no way ur paying...their story is either that they let you workout for 2 years without asking you to pay, or did not notice, and then finally decided to bring it up? (and the subplot is that they acknowledge an employee has been stealing money) lulz...not gonna work

it's their burden to show u owe anything at this point..gl with that
^ This.

I'd take my ass to a different gym though, after being treated that way. Even if they give up the ghost on trying to take your money, it's about the principle of the matter. No way would I keep paying $60/mo for that crap.
Appreciate 0
      07-17-2012, 01:54 PM   #19
CasperSYTFU
SYTFU Crew
No_Country
13

 
CasperSYTFU's Avatar
 
Drives: 2010 Toyota FJ
Join Date: Aug 2010
Location: Bay Area, CA


Posts: 1,180
iTrader: (8)

Garage List
Tell her to contact Chelsea
__________________
Appreciate 0
      07-17-2012, 02:00 PM   #20
smmmurf
Colonel
32

 
Drives: 2009 M3 Sedan 6MT
Join Date: Feb 2008
Location: Pleasanton, CA


Posts: 2,109
iTrader: (7)

Their burden of proof to show you didn't pay
__________________
M3 Sedan - AW/Black - 6MT - no moonroof - no folding seats - RAC RG63 - clear bra by Omega Werks
Appreciate 0
      07-17-2012, 02:07 PM   #21
justinnum1
Brigadier General
61

 
Drives: 2013 335i Msport
Join Date: Nov 2006
Location: South Florida


Posts: 4,005
iTrader: (0)

Thats on them, if they have a problem find another gym. And tell them you will go to the local news station about this and spread the word they suck. Owners hate bad press.
__________________
F30 335i Msport Estoril Blue/Black leather sport auto. black grills, Performance Exhaust, HK,
Appreciate 0
      07-17-2012, 03:19 PM   #22
AU335i
Captain
17

 
AU335i's Avatar
 
Drives: 2008 335i E92
Join Date: Dec 2010
Location: Auburn, AL


Posts: 886
iTrader: (3)

Quote:
Originally Posted by MadDog View Post
Chelsea stole your money.
Quote:
Originally Posted by CasperSYTFU View Post
Tell her to contact Chelsea



pics or GTFO.
Appreciate 0
Post Reply

Bookmarks

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump


All times are GMT -5. The time now is 12:08 AM.




m3post
Powered by vBulletin® Version 3.7.0
Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST