Gym Problems!!!

catch--22

OK...sticking this here as it's consumer related and not fitness (which I know very little about! !)

I (foolishly) joined Jackie Skelly last November. They were opening a new gym in Drogheda and were offering a discounted rate. One of my friends had joined....he had given them my number and they sold it to me over the phone!

Gym opened in February.....and to this date I have not been once! (I live in Rush for God's sake!). I thought I would use it since my friend was there but regardless still haven't brought up the will power.

I am paying €53 a month since February (I've been told this is a huge amount for a gym). I rang them today to say that I didn't want to keep up the membership and wished to cancel. Lady said I couldn't as I was fixed to a 12 month contract. I told her I hadn't been once and wasn't looking for any money back...just wanted to get out of it. Explained the situation. She went off to have a chat to her 'manager'. She got back on the line after about 15 seconds and said that the manager had heard all my story (!) and was willing to offer me a 3 month 'buy-out'. So that leaves me paying a further €159 just to leave a gym I haven't been to once?!

Is there anything else I can do to get out of this!? Help please! I just want to leave and they won't let me go!!

Paulw

In fairness, it's not their fault you haven't used it.

You did sign a 12 month contract.

They seem to be fair with you. Take it while you can. Realistically they can hold you to pay for all 12 months.

catch--22

Paulw wrote:

You did sign a 12 month contract.

.

That's the thing....I didn't sign anything....it was all done over the phone!

Paulw

A contract doesn't have to be a written document.

catch--22

Paulw wrote:

A contract doesn't have to be a written document.

Not worth the paper it's not written on?!

Saying that though....I was not read terms and conditions over the phone...so would that matter?

I've tried appealing to their compassionate nature (they don't have one). What if I just cancel the direct debit?!

blah

catch--22 wrote:

What if I just cancel the direct debit?!

As I understand it they can chase you down for the remaining payments?
Which should be about €300?

Of course maybe if you ignore them they might give up, decide it's not worth it.

I would probably cancel the direct debit myself.

catch--22

blah wrote:

As I understand it they can chase you down for the remaining payments?
Which should be about €300?

Of course maybe if you ignore them they might give up, decide it's not worth it.

I would probably cancel the direct debit myself.

But it would prob mess up my credit rating though?

drdre

Just start going as gym's wont refund money.Its your fault for not going not theres.They sold it to you over the phone as they have good sales techniques

catch--22

drdre wrote:

Just start going as gym's wont refund money.Its your fault for not going not theres.They sold it to you over the phone as they have good sales techniques

I understand...I know they haven't done anything wrong here....just wondering is there anything I can do to get out of it!

Paulw

Shortest possible answer - No.

Unfortunately, you're stuck. They have the upper hand. Cancelling the direct debit would force them to come after you in other ways, and yes, it may effect your credit rating.

Archeron

catch--22 wrote:

I understand...I know they haven't done anything wrong here....just wondering is there anything I can do to get out of it!

Catch-22. I got screwed over by a gym (wont mention it for any potential legal reasons) who told me buckets of lies about what was happening and what machines were "coming on line" in the next few weeks. All a load of poo, and I tried everything to get out of the contract.
On legal advice, I was told that the easiest thing for me to do was just swallow my pride, and pay the yearly fee to get out of it as my credit rating could be adversely affected by it.
To top it off, they sent my credit card payment receipt in the wrong name, and when I rang to confirm they HAD done it correctly, they told me they didnt even have any record of my ever being a member. It was a joke from beginning to end.

I always say to be very careful what you;re signing when it comes to gyms, as they are a shower of lying dicks that will tell you anything to get a contract signed.
I think you've very few options on this. (although I dont know the ins and outs of over the phone contracts, I presume they recorded it). Best of luck anyway.

catch--22

Thanks for the replies! I think I'll have to resign myself to the fact that I'll be losing more money to Jackie!

Archeron, I think I'll be as cautious as you are when it comes to these things again! Lesson learned! (gyms are bad for you! )

drdre

catch--22 wrote:

Thanks for the replies! I think I'll have to resign myself to the fact that I'll be losing more money to Jackie!

Archeron, I think I'll be as cautious as you are when it comes to these things again! Lesson learned! (gyms are bad for you! )

I was in the same problem as you alst year.I just joined westwood and never went i nearly lost 600 euro in the year :mad:

catch--22

drdre wrote:

I was in the same problem as you alst year.I just joined westwood and never went i nearly lost 600 euro in the year :mad:

Ouch!

Gyms are scams! They play on our insecurities and slight ego's and wipe our bank accounts! :rolleyes:

drdre

catch--22 wrote:

Ouch!

Gyms are scams! They play on our insecurities and slight ego's and wipe our bank accounts! :rolleyes:

Yeah there was no way out.I cancelled my direct debit and they kept sending me letters and phone calls so i had to pay them

thefinalstage

Its weird...people drive to gyms to work out on machines that make you go around on a wheel basically.

People go for a jog, its free and there is no contract involved!

Gillo

Better still, it's the people who for membership and don't go, who help to keep the price for us people who do actually use the gym down!!!!

Thanks People!!!

John Mason

they did the same to me, i did my ankle in and was on crutches for ages and they wouldnt let me leave without paying for the 3 months so i just phoned the bank and cancelled my direct debit - easy peasy:D

rubadub

thelastangryman wrote:

Its weird...people drive to gyms to work out on machines that make you go around on a wheel basically.

People go for a jog, its free and there is no contract involved!

I know guys like that. Drive 5 miles to the gym in crap traffic, jog 10 miles on a treadmill, drive 5 miles home in crap traffic. Could have jogged to the gym & back, had an hour extra free time, no wasted petrol, no wasted gym fees.

Better still, it's the people who for membership and don't go, who help to keep the price for us people who do actually use the gym down!!!!

Yep, if it wasnt for the genius gym owner who coined the term "new years resolution" gym fees would be much higher!

Just get some secondhand weights, the value never drops so if you do give up they are easy to sell again.

catch--22

irishbird wrote:

they did the same to me, i did my ankle in and was on crutches for ages and they wouldnt let me leave without paying for the 3 months so i just phoned the bank and cancelled my direct debit - easy peasy:D

And did they not hunt you down for the money?

dubsgirl

I know in JS in Greystones you can sell on your membership..
Just find someone else who actually wants to go to take over your DD. They will have no joining fee so something for everyone!

John Mason

nope, never heard a thing from them. done it with curves as well. when you phone the bank they will ask if you, if you have told the gym you are cancelling the they direct debt and they are happy for you to do this - just say yes, it has been agreed:D

catch--22

irishbird wrote:

nope, never heard a thing from them. done it with curves as well. when you phone the bank they will ask if you, if you have told the gym you are cancelling the they direct debt and they are happy for you to do this - just say yes, it has been agreed:D

Sounds a bit dodge! That might end back firing on me in the end!

catch--22

dubsgirl wrote:

I know in JS in Greystones you can sell on your membership..
Just find someone else who actually wants to go to take over your DD. They will have no joining fee so something for everyone!

really? They never told me this! I might give them another call!

Archeron

irishbird wrote:

nope, never heard a thing from them. done it with curves as well. when you phone the bank they will ask if you, if you have told the gym you are cancelling the they direct debt and they are happy for you to do this - just say yes, it has been agreed:D

I tried this too, but it didnt work. They sent me a nasty letter, then a really nasty letter, then a legal letter, so I reluctantly relented in the end.
They never told me about the option of passing my membership on, that would have been a happy resolution indeed. Grrrr at them.

mcaul

catch--22 wrote:

Thanks for the replies! I think I'll have to resign myself to the fact that I'll be losing more money to Jackie!

Archeron, I think I'll be as cautious as you are when it comes to these things again! Lesson learned! (gyms are bad for you! )

If they havn't sent you the contract with the terms & conditions and you have not signed a contract then it is not valid.

The telephone sale of any goods or service is covered under Distance Selling -
If it doesn't conform to thew details below, then the contract is void and you may claim all the payments back. - Contact your bank and tell them the dd's were taken out without your permission.

A cooling off period MUST be stated and provided on all distance selling contracts.



The Distance Contract

A distance contract must include:

The supplier's name and address
The consumer's identity
The main characteristics of the goods or service
The price of the goods - including all taxes
Delivery costs, where applicable
Arrangements for payment
The existence of a right to cancellation
The minimum duration of the contract
The length of time it will be possible for the consumer to enter the contract on these terms
The cost of the communication between the parties if it is above a basic rate.
Distance contracts are not enforceable unless prior to making the contract, the supplier provides this information and states clearly that the purpose of the proposed contract is commercial. The supplier must provide the consumer with written confirmation of this information.

Written Confirmation

The supplier must provide written confirmation of the contract to the consumer before or at the time the good or service is delivered. Included in this written confirmation should be:

A postal address to which complaints can be sent
How the contract can be cancelled
The conditions for terminating the contract if it is of unlimited duration or longer than one year
Information on the aftersales services and guarantees that apply. If the contract is with an Irish company, this information will be set down in the Sale of Goods and Supply of Services Act, 1980. If the contract is with a company outside Ireland then, in general, the rules that apply are usually subject to legislation in that country, which should be laid down in the contract.

Linoge

mcaul wrote:

If they havn't sent you the contract with the terms & conditions and you have not signed a contract then it is not valid.

The telephone sale of any goods or service is covered under Distance Selling -
If it doesn't conform to thew details below, then the contract is void and you may claim all the payments back. - Contact your bank and tell them the dd's were taken out without your permission.
.

Was just going to say similar. You haven't signed any forms, read T & C and you have never been to the gym. You haven't validated the contract in any way.

They should refund you the money that you have already paid.

catch--22

I rang through to one of the consumer awareness lines yesterday and they told me that giving my bank account details over to them was agreement of the contract....same way as in a shop a price tag is only a contract once you go to the till and pay!

I've posted a few adds up on gumtree for my membership....so if anyone here wants it drop me a PM.....


...benefits to you if you did would be no joining fee and it's a discounted rate(€53 instead of €75 per month) until next Feb as I got it on a discounted rate!

Slogger Jogger

Hi,

I used my Jackie Skelly membership sporadically just about justifying my membership. That itself was steep, at 68 euro, and it annoyed me that they would be giving out offers to new members which were considerably lower. They should have concentrated on keeping those they had aswell.

Anyway, 2 months before my 12 month 'contract' was up I wrote to them to confirm closure of my membership at the end of the contract. I got a call to confirm that it was received and that that would be done.

I noticed since that they'd charged me for an additional month. I rang and they said - oops our mistake we'd stop the DD to your account. They then said that, wait for it, they would have difficulty refunding the money to my account. I was offered free additional months instead. As I'm not in a position to use the gym now I insisted on a refund. To date I've received nothing and my phone calls to them go unresponded to.

Had anyone else out there had similar probs stopping their membership?

SJ