FitX Deutschland GmbH is a German fitness company that currently operates over 90 studios in Germany and has more than 650,000 members (source: https://de.wikipedia.org/wiki/FitX).
The membership fees for FitX are currently around 20.00 euros per month. Affected customers of the company turn to the law firm AdvoAdvice again and again because negative SCHUFA entries result from invoices that have not been paid.
How do the entries come about?
Basically the same case repeats itself over and over again. For various reasons, an installment of the gym fees cannot be debited from the account of the person concerned. Those affected do not always notice this immediately. In the meantime, Collectia GmbH will be charged with collecting the debt. This then sends reminder letters and requests payment of the amount. In addition, collection costs are not insignificant.
The problem is that the dunning letters are usually sent by post by post. Again and again, those affected report that they only received one or no reminder and then had to find out that a negative Schufa entry was initiated because of a very low demand.
What can you do?
First of all, it is advisable to pay the main outstanding amount. Whether the collection costs are justified is always a question of the individual case and cannot be answered across the board. In any case, the debt collection company should be asked to revoke the negative Schufa entry. At the same time, SCHUFA Holding AG should be requested to delete it. It is important that you take action quickly in order to be able to use all legal options.
If the entry could not be deleted, a suitably qualified lawyer should be engaged to enforce the deletion. A deletion must always take place if the entry was made incorrectly. The prerequisites for deletion must then be checked in each individual case by a lawyer.
New deletion success for AdvoAdvice
In the case at hand, the person concerned said he had only received one reminder. However, Collectia GmbH did not want to delete the entry for the time being, as it assumed that the person concerned had also received a second reminder.
Only through persistent follow-up by the law firm AdvoAdvice Rechtsanwälte and the utilization of previously contested case law could a revocation and, after further correspondence, also a deletion by Schufa Holding AG be achieved.
Tips from lawyer Dr. Inkman
Lawyer and specialist lawyer for banking and capital markets law Dr. Sven Tintemann recommends that, in the case of negative entries, first check whether the claim is justified and open. The reporting body should then be asked to revoke the entry with the Schufa. Furthermore, a free copy of the data should be requested from Schufa Holding AG in order to be able to check the specific entry.
If this does not work, it is advisable to hire a lawyer. Even if the companies claim that the entry is legitimate, this is often not correct. A qualified lawyer can often help with a written statement on the specific legal situation.
We are happy to help you if you have such a problem. Call us and arrange a free initial consultation on 030 921 000 40 or [email protected].
Foto(s)
: AdvoAdvice/Dr. Raphael Rohrmoser
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