Shenzhen Yu Ling Fitness Co., Ltd. is a complete liar company. 20 19, 1 1, a branch opened near Baoan Xingdong subway station and closed in 2020. So is the nearby Xili store, which was open the day before and moved out the next day. If you are interested, you can search Weibo and you can see this one:
Here, as a victim of fitness in a certain field, I only hope to help more victims of fitness in other fields, as well as victims of various unscrupulous gyms, and share my experience so far on how to take fitness in a certain field to court without spending a penny. I will constantly update my rights protection process and results.
I asked my lawyer for advice before. But I will share it with you here. In the future, you can file a complaint directly by yourself, and you don't need to ask a lawyer to spend money. Before it's too late, go straight to the strategy:
One,
. First, you should prepare the following materials:
Just scan the agreement, fitness card and receipt into one page. Here's what I did:
2. There is no scanned copy of your ID card here.
3. For the business information of the company that signed the fitness agreement with you (subject to the seal), you can search the full name of the company in the "Business Registration Inquiry" of official website (/) of Shenzhen Municipal Market Supervision Administration, as shown below:
At that time, the agreement for my card application was "Shenzhen Yu Ling Fitness Co., Ltd.", and the downloaded report is as follows:
4. Payment records when handling the card, Alipay WeChat screenshots, etc. It is best to attach a scanned copy of the bank card used for payment to prove that this payment record is yours. That's what I did at the time. I scanned it directly into a pdf:
5. Other evidence that you think can prove breach of contract in this field. I provided a valid proof of my fitness card (login to WeChat applet "Domain World Fitness", the initial password is 123456, and you can see my expiration date), a screenshot of the offline of Xingdong Store in Baoan District, a screenshot of communication with domain staff, and a screenshot of communication with property, and the domain is from 65438+ 10/2020.
The evidence can vary from person to person and can be increased or decreased according to the situation. The principle is that the more detailed the better, the worse for them. Of course, we should follow the principle of objectivity and truth to collect. The use of recorded evidence is not recommended because it has no effect.
The first step dividing line-the first step dividing line.
Second, well, after preparing the above materials, you can proceed to the second step, writing a complaint. Here, I will provide you with a complaint template, which you can copy and paste directly into word to change the format and content:
Civil appeal
Plaintiff: xxx, female, Han nationality, born on xx, xxx, living in xxxxxx, ID number: xxxxx, telephone number: xxxxx.
Defendant: Shenzhen Yu Ling Fitness Co., Ltd. (legal person: Yao Wenxian), unified social credit code: 9 1440300080749370, company address: 3rd floor, Yihai Street, Vanke Yihai City, Shatoujiao Street, Yantian District, Shenzhen, and telephone number: 0755-22742670.
Cause of action: service contract dispute
Claim: 1. Please order the plaintiff and defendant to terminate the service contract.
2. Please order the defendant to pay 2480 yuan for the fitness prepaid card (including 24 months plus 1 month service, the plaintiff only uses the card 1 month, and the remaining 24 months);
Please order the defendant to bear the legal costs.
Facts and reasons:
During September 20 19, the defendant renovated on the 2nd floor of Building 3, COFCO Innovation R&D Center, Xin 'an Street, Baoan District, Shenzhen, and opened a domain fitness star branch. During the renovation, several salesmen were hired to sell prepaid cards for the gym, and the renovation was completed in early October of 2065 438+0 16 10.
On September 28th, 20 19, the plaintiff paid 2480 yuan to "Shenzhen Yu Ling Fitness Co., Ltd." to buy a "one-store two-year fitness prepaid card", and signed a fitness membership agreement with the defendant. The agreement stipulated that the card was valid for two years and was given for one month, counting 25 months. The plaintiff opened a card for fitness in the middle of February 20 19. At present, the plaintiff's membership card of WeChat applet in the domain is valid until June 65438+ 10/7, 2022.
However, the plaintiff only used the prepaid card of the gym for one month, and since the Spring Festival holiday of June 65438+ 10/8, 2020, the defendant used the epidemic as an excuse to delay the reopening of the gym. The plaintiff asked the only gym staff who could be contacted, and was told by the staff that he didn't know when Xingdong Store in other places would reopen, and the defendant still owed him salary. At the beginning of June, the plaintiff logged into the defendant official website (website:/branch) and found that the domain name Xingdong Store had been offline from official website; The plaintiff logged into the domain name fitness WeChat applet and found that the domain name Xingdong Store had already disappeared. The plaintiff went to the headquarters address announced by defendant official website: Floor 2, Guangfa Building, Lvjing Hongwan, Futian District, Shenzhen, but the relevant person in charge there had a bad attitude and refused to tell the plaintiff when Xingdong Store was open and to refund the plaintiff's prepaid card fee.
To sum up, the plaintiff believes that the defendant has not started business for more than three months since the state stipulated that the enterprise resumed work on February 10, and has not issued any notice of resumption of work so far, and the person in charge has lost contact, and failed to perform various fitness services that should be provided to the plaintiff as agreed in the fitness agreement due to the defendant's closing behavior. In addition, due to the defendant's bad attitude in hiring employees, the plaintiff could not negotiate with the defendant in any form about the refund. I am now complaining to your hospital, hoping to safeguard my legitimate rights and interests as a consumer according to law. I would appreciate it if you could make a judgment as required!
Evidence and sources of evidence:
1. Domain Name Fitness Member Agreement signed by plaintiff and defendant.
2. Receipt and membership card for the plaintiff to pay the service contract fee of the defendant.
3. Screenshot of Alipay transaction and a copy of the bank card used by the plaintiff to pay the defendant's service contract fee.
4. The screenshot of the plaintiff's membership card is valid until June 65438+1October 17, 2022. The source is WeChat applet "Field World Fitness".
5. There is no screenshot of Xingdong Store in Bao 'an District, a chain store on Domain Fitness official website. The source address is /branch.
6. The domain fitness WeChat applet shows that there is no screenshot of Xingdong Store in Baoan District. Source: WeChat applet "Domain World Fitness"
7. Communication record with field staff, source: WeChat chat.
8. Communication records with the personnel in charge of store leasing in the Ministry of COFCO Industry. Source: WeChat chat.
9. Photos of Domain Fitness Xingdong Store since it closed on June 65438+1October 65438+1October 9, 2020 (with date and official seal).
I am here to convey
Yantian District People's Court of Shenzhen Municipality
Prosecutor: xxx
Xx, xx, 2020
Petition template dividing line-petition template dividing line-petition template dividing line.
Third, the third step, you have to start filing a case online! Excited not:
1. Log in to Guangdong Court Litigation Network: /web/loginA, you need to register and log in, and then enter the "online filing":
2. Click "Online Filing" and they will ask you for real-name authentication and get an electronic signature. Then you log off and log on again, and you can start filing a case online. First, choose the court and case type:
Here you have to choose the court according to the registered address of the company you are inquiring about. For example, I sued Shenzhen Yu Ling Fitness Co., Ltd., whose registered address is in Yantian District, so I chose Yantian District Court. The case type is "civil and commercial".
3. Then enter the basic information section. You can choose as shown in my map and fill in the amount required for your indictment. Here, you should always click "Temporary Store" in the lower right corner, because the uploading and filling-in process is long, in case the previously filled-in information is lost:
4. The next step is to upload all kinds of materials. The subject material is your ID card, and the jurisdiction basis material is the company's industrial and commercial information you downloaded from the Industrial and Commercial Bureau, and then upload all the evidence materials. If it needs to be converted to pdf, it will be converted to pdf before uploading:
You can pass them one by one according to the format and material description they requested above and keep them at any time. Note that the complaint here needs you to print out the complaint and sign it, then take a photo and put it in the original unsigned version of word, and then upload this word complaint containing words and pictures:
5. After transmitting the evidence, it is necessary to transmit a "List of Materials" and a "Confirmation of Delivery Address". Both of them have templates that can be downloaded directly. I made them according to the templates, but I have to print them out, sign them, scan them and upload them:
I only use these three items in the bill of materials:
Among them, the list of evidence and instructions should be filled out, and your evidence should be sorted and numbered by the way. Then fill in this form, the meaning of each piece of evidence. Note that the evidence list only refers to the evidence materials submitted by you, while the party material list refers to all the materials submitted by you, including the complaint and a copy of your ID card. Here's what I did:
I sent this list of evidence to the evidence column together with the evidence.
For the list of materials submitted by this party, you need to change the title of the court name and the number of copies you submitted. If you only have one defendant, that's three. If one defendant is added, one more defendant can be added.
The rest of the letter of commitment can be printed, signed, scanned and uploaded.
6. Submission of delivery address materials. You can also download the template, fill in two copies of yourself and the defendant, print them out and sign them, and then scan and upload them:
7. After that, you need to fill in your personal information and the defendant's information. After that, there is the option of mailing. It doesn't matter what you choose, because you must send it by EMS in the end.
The dividing line of the fourth step-the dividing line of the fourth step.
Four. Delivery confirmation and submission
In this step, you need to reconfirm the delivery address.
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5. After completing the online filing, you will receive such a short message that the website has passed the audit:
Then a working day or so, the court will manually review your materials. After successfully receiving such a short message, you can prepare three copies of all the previous materials, a thick stack, and mail them to the court filing court through EMS. Please ask Baidu for different court addresses. My mailing address is "filing court of Yantian District People's Court". It must be noted that when placing an order through EMS, you should indicate your online registration number in the message so that the court can handle it faster:
-the dividing line is hee hee.
Six, about 1-2 working days, the court has received your materials, and will send you a formal notice of filing a case and a notice of joint investigation before litigation:
After receiving this notice, you should log in to the website via SMS: /login/toLogin, and go to "My Case"-"I am the applicant" to view your case. There is an important material you need to print:
Please note that the first-instance mediation notice and the pdf delivery receipt below can be downloaded. Among them, the service receipt requires you to print it out and sign it and send it back to the court:
It is such a thing as the above picture. I filled in the place circled by the red line, and then the EMS called again. Haha.
-Update the demarcation line.
Now that I have reached this point, I will share the new progress with you. Lawyers said that such cases involve prepaid cards, and gyms, beauty salons and barbershops are sure to lose. They just hold the psychology of consumers, thinking that everyone doesn't know how to sue, thinking that litigation requires lawyers to spend a lot of money to complete, so they dare to infringe on the rights and interests of consumers and run away within a few days of opening a store, which is no different from fraud. Lawyers believe that before the lawsuit, the mediation field will discuss with me to refund the money, otherwise it will take great efforts to appear in court, and if you lose, you will have to pay legal fees. If they can't afford to lose and refuse to implement it, the legal person will be blacklisted. For my two thousand dollars, I wonder if Wen Yao, a fitness law in this field, will give up her degree of taking a high-speed train loan to go to school for her children?