HOW DO I GET OUT OF JACKIE SKELLY CONTRACT?

garrincha62

Hello,

I am moving to another city, one that, thankfully, doesn't have a Jackie Skelly. I want to cancel my membership. I have been a member in Drogheda for more than 12 months. I signed a contract for 12 months. This period is up and I have not signed on after this period was up (though have continued to use the service). I was told I needed to give them written warning 2 months in advance (and pay an extra 2 months). I do not want to give them any more money. How can I extract myself from this 'legally binding' contract? If I just cancel the direct debit can/will Jackie Skelly continue to pilfer my account? Also, if I just cancel the direct debit, will this show up on the Irish Credit Bureau--I would tend to think no, as it is not a loan or credit card etc.

Any advice welcomed!!

pvt.joker

there seems to be an awful lot of people complaining about this. surely its costing them customers in terms of bad reviews of the place?
personally id never go near them after reading all these threads about their direct debits.

Mountjoy Mugger

Err, you signed a contract and now you want to break it?

Cough up for the extra two months and save your knee-caps.

dubman25

tell them you are going to work in watever country in the next week and basically its none of there business.you dont have to explain anything to the likes of them

or go the bank and cancel the direct debts!:D

MarkR

Have they actually set thugs on you? If not then they seem to be asking you to pay for the service which you've used, and hadn't paid for. Shame on them.

Read your contract and find out if what they say is true. If it is you may owe them some money.

arybvtcw0eolkf

Whatever you do, don't fall into arrears with them!..



This was an ad ran in the evening papers not too long ago.

dubman25

garrincha62 wrote: »

Hello,

I am moving to another city, one that, thankfully, doesn't have a Jackie Skelly. I want to cancel my membership. I have been a member in Drogheda for more than 12 months. I signed a contract for 12 months. This period is up and I have not signed on after this period was up (though have continued to use the service). I was told I needed to give them written warning 2 months in advance (and pay an extra 2 months). I do not want to give them any more money. How can I extract myself from this 'legally binding' contract? If I just cancel the direct debit can/will Jackie Skelly continue to pilfer my account? Also, if I just cancel the direct debit, will this show up on the Irish Credit Bureau--I would tend to think no, as it is not a loan or credit card etc.

Any advice welcomed!!

if the period is up you do not have a contract!!!end of tell them.

g'em

moving this from Fitness --> Consumer Issues; guys if it's not appropriate just bounce it back.

blorg

Read the contract- it may have a clause about auto-renewing after the 12 months and two months notice being required. If not then you don't owe them anything, and even if so it certainly sounds like they are being heavy-handed.

deisebabe

i would talk to the consumer advice bureau. friend of mine had problems leaving them for the same reason. They got a debt collector on to him. Finally he said show me the contract that mentions the two months notice after the year is up and i'll pay you...else i'll bring you to court....funnily enough that was the end of it.

Mountjoy mugger...the person isn't trying to break a contract. they've done the year. they didn't sign up for 14 months. js are basically trying to rip people off

Random

You agreed to give two months notice on leaving. You have not given this give it asap. Pay up. And leave. Simple.

Assuming of Course you agreed to the two months on sign up aw agreeing to terms or contract.

Roper

This comes up quite a bit. I have limited sympathy. It's unfortunate that you're moving away and have to pay but them's contracts for you.

When you signed a contract with them, you had ample opportunity to read it, understand it and ask questions then. You should have taken into account the possibility of moving house, city or town and either accepted that you would have to continue to pay as per the terms of your legally binding agreement, or walked away and gone to another gym with more flexible options. Most contracts of this type "auto renew" when you continue to use them beyond the term. If you have car insurance for example, you often don't have to sign again for a second term.

It's all very easy to whine and moan about how evil these people are, but I would assume nobody twisted your arm behind you back and made you sign the contract. Sure you can say you were pressure sold or you didn't fully understand the agreement, but it's up to you at the time.

Honour your contract and pay your two months. Easier in the long run and it's what you signed up to.

jor el

Cancel the direct debit. Write to JS telling them of your cancellation. Move to your new location. Good luck finding you after that.

LolaDub

I'm a member of Jackie Skelly as well (different branch) and while i'm quite happy at the moment if i leave i can see this happening but i never signed a contract or a direct debit form so what do they have to hold me? I think a lot of people are in the same boat. Ask them for a copy of your contract as you may find they don't have anything for you.

faceman

In terms of contract law, its the norm for contracts to have an auto renew clause in them. when most business mention 12 month or 2 year contracts, generally its the minimum term they are referring to.

Unfortunately Jackie SKelly are very unaccommodating from my experience when someone is moving and wants the 2 months cancellation fee waived. It doesnt seem to harm business that much as they are still expanding and obviously generating the revenue.

From a "debt collection" view - i dislike that term, it creates visions of skinheads in suits calling to your door! I think the term credit controller is more appropriate!

Anyway, i imagine the amount that 2 months membership adds up to doesnt justify them from a cost perspective taking you to court even if you chose not to defend. (in which case a summary judgement would be obtained by the plaintiff.)

Then again some businesses do take some of their small debts to court to get the word out they wont let anyone away with not paying!

craichoe

Roper wrote: »

This comes up quite a bit. I have limited sympathy. It's unfortunate that you're moving away and have to pay but them's contracts for you.

When you signed a contract with them, you had ample opportunity to read it, understand it and ask questions then. You should have taken into account the possibility of moving house, city or town and either accepted that you would have to continue to pay as per the terms of your legally binding agreement, or walked away and gone to another gym with more flexible options. Most contracts of this type "auto renew" when you continue to use them beyond the term. If you have car insurance for example, you often don't have to sign again for a second term.

It's all very easy to whine and moan about how evil these people are, but I would assume nobody twisted your arm behind you back and made you sign the contract. Sure you can say you were pressure sold or you didn't fully understand the agreement, but it's up to you at the time.

Honour your contract and pay your two months. Easier in the long run and it's what you signed up to.

No, don't think so really, VHI try the same rubbish when I left my employer and moved country. They said because i had auto renewed my contract because I hadnt told them i was cancelling. After a short phone conversation i was told that there would be no bill and the outstanding amount would be cancelled.

dave80

Cancel the Direct Debit, write to skellys giving 2 months notice and tell them in the letter that you will pop in to pay the 2 months and never do!! happy days, i know too people who have done it with no problems

seamus

Just to clear up this "auto renew" stuff.

When people talk about 12-month contracts and so forth, what they are really referring to is the minimum period of the contract. That is, 12 months is the minimum length of time which you agree to stick to this contract. Once the 12 months is up, the contract continues to be in force, and you are required to give the notice specified in the contract in order to cancel it.

This confuses people and they think that after 12 months they are released from their contract. This isn't so. The minimum period is just a specific clause which says that if you cancel within the minimum period, you must pay for the entire period. Once that period is up, you are required to give the normal notice as specified in the contract.

So OP, stick to the legally binding document that you signed in the first place, pay your two months' notice and cancel the direct debit.

Cabaal

random wrote: »

You agreed to give two months notice on leaving. You have not given this give it asap. Pay up. And leave. Simple.

Assuming of Course you agreed to the two months on sign up aw agreeing to terms or contract.

I'd have to agree with this, yes it sucks but if you didn't like the terms of the contract/agreement you shouldn't have signed it in the first place OR you should have paid better attention to aspects of it

Their not at fault in all this and are simply enforcing their contract/agreement,

NAGGIE03

I was a member of Drogheda branch also! Had to write them a letter telling them that i wanted to leave! They still took their two months from the bank! A friend of mine who joined at the same time as me jus went and cancelled her Direct Debit when the year was up and she hasnt heard anything from them! That was over three months ago!

blorg

Serve them written notice right now and cancel the direct debit (again in writing) with your bank. Ask them to produce the contract with your signature on it and abide by the terms if they do that. If they can't produce a contract with those terms though, you owe them nothing.

Slice

If you're moving house, especially to a different country, it's unlikely they'll pursue you for what you owe them as the cost associated with finding you would be too great. It doesn't impact on your credit rating unless a judgment is passed against you in court and it won't reach that stage if a summons can't be served to you in person. Besides, it's not like they make a habit of taking it that far for such small amounts of money - it would be completely uneconomical for them to do so.

If you really want them to drop it you could just have someone call in on your behalf advising them that you've recently passed away, then cancel your direct debit with your bank. While they might notice that your direct debits are being rejected for a reason other than 'debtor deceased' it's also not uncommon for banks to return the incorrect reasons when rejecting a direct debit and, for data protection reasons, your bank won't confirm to them either way if you're alive or dead.

blorg

IMHO faking your own death to get out of a Jackie Skelly contract is taking things just a little too far.

eth0_

LolaDub wrote: »

I'm a member of Jackie Skelly as well (different branch) and while i'm quite happy at the moment if i leave i can see this happening but i never signed a contract

This is quite dubious. If you were injured on their premises I would think their insurance would not cover you as you are not technically 'on the books' as a member..

LolaDub wrote: »

or a direct debit form so what do they have to hold me?

So you paid up front for the entire year? They could still chase you for the 2 month minimum notice to leave after the year is up...that is, if you had signed a contract.

cast_iron

seamus wrote: »

The minimum period is just a specific clause which says that if you cancel within the minimum period, you must pay for the entire period. Once that period is up, you are required to give the normal notice as specified in the contract.

From my reading of this, selling the product as having a "12 month minimum contract" is a touch misleading.

In the case above, you cannot actually exit the contract (without penalty) for 14 months - due to the 2 month's cancellation notice condition.

While I appreciate this may be stated in the T&Cs and the practice is fairly widespread (more commonly 1 month required), the practice is anti-consumer and should be outlawed.

Can anyone explain to me why JS need 2 months notice to cancel a contract?

JDxtra

cast_iron wrote: »

Can anyone explain to me why JS need 2 months notice to cancel a contract?

They don't really need two months - it's just so they can squeeze extra money out of those who do cancel. And I'm sure many customers cancel regularly.

It's money for nothing to them really.

LolaDub

eth0_ wrote: »

This is quite dubious. If you were injured on their premises I would think their insurance would not cover you as you are not technically 'on the books' as a member..



So you paid up front for the entire year? They could still chase you for the 2 month minimum notice to leave after the year is up...that is, if you had signed a contract.

They debit the monthly fee from my account so i am a member and can prove that between debits and they've supplied me with a members card but i never thought about it that way eth0.

When i signed up i told them i'd get back to them with my sort code etc so a few days later i got a text asking me what my details were. Texted back to that and billing begin but they have never asked me to sign a contract or direct debit form or even mentioned one. They did ask me to fill out a contact sheet that was just a poor photocopy asking for my name and address and phone number. Thats it.

I asked about the cancellation policy and they told me 10 months and no notice period needed.

LolaDub

cast_iron wrote: »

From my reading of this, selling the product as having a "12 month minimum contract" is a touch misleading.

In the case above, you cannot actually exit the contract (without penalty) for 14 months - due to the 2 month's cancellation notice condition.

While I appreciate this may be stated in the T&Cs and the practice is fairly widespread (more commonly 1 month required), the practice is anti-consumer and should be outlawed.

Can anyone explain to me why JS need 2 months notice to cancel a contract?

Gyms make a ton of money from people who sign up and never use it. Technically if you want to cancel on time in this contract you should write to them at 10 months. They don't publicise this so they can squeeze you
out of another 2 months. Jackie skellys are not consumer orientated in the least.

In all honesty what you should do from here is write to jackie skelly with your cancellation and instruct them to cease billing immediately and cancel your direct debit. When they contact you regarding the additional two months tell them they need to provide you with your contract and where it says this. I'm 99% sure they won't be able to provide this and then they won't pursue you for the two months. If you look up other jackie skelly threads here you will see this problem happening to many other members. Jackie skelly could pretty much never produce a contract when they were asked.

Best of luck!

cast_iron

JDxtra wrote: »

They don't really need two months - it's just so they can squeeze extra money out of those who do cancel.

That's what it stinks of, which is why it should be regulated in some way.
One month's notice is more than enough to sort out any bank and admin issues.

LolaDub wrote: »

Gyms make a ton of money from people who sign up and never use it. Technically if you want to cancel on time in this contract you should write to them at 10 months. They don't publicise this so they can squeeze you
out of another 2 months. Jackie skellys are not consumer orientated in the least.

My understanding of (most of) these contracts is that you can't initiate a cancellation before the minimum period (12 months here), and must pay a further 2 months subscription contractually.

So, the minimum period is in fact 14 months. Advertising the contract as "12 months min" when the customer is actually bound for a min of 14 months is, imo, misleading advertising.

jimmycrackcorm

cast_iron wrote: »

So, the minimum period is in fact 14 months. Advertising the contract as "12 months min" when the customer is actually bound for a min of 14 months is, imo, misleading advertising.

You aren't bound for 14 months. It means you must remember to cancel at ten months.

deisebabe

I joined JS when it was first came to parkwest and there was nothing in the contract about 2 months notice or anything...it was a one pager. Thats the same contract my mate signed and when he asked them to produce it when they got the debt collectors on to him they couldn't. I think theres a minimum amt a debt collector will take on. My mate went over it cos it was himself and the missus cancelling together.

eth0_

LolaDub wrote: »

When i signed up i told them i'd get back to them with my sort code etc so a few days later i got a text asking me what my details were. Texted back to that and billing begin but they have never asked me to sign a contract or direct debit form or even mentioned one. They did ask me to fill out a contact sheet that was just a poor photocopy asking for my name and address and phone number. Thats it.

*scratches head*
That sounds HIGHLY dubious and probably illegal! You're supposed to physically SIGN a direct debit mandate, the bank will not action the gym's request to setup the DD without this.

If I were you I would contact my bank and ask for a copy of the DD mandate the gym sent to them. I would be very interested in seeing if it had "your" sig on it :eek:

MOH

Type up notice in writing of your intention to cancel your contract. Date 2 months ago. Put in envelope. Drop on floor and walk on. Crumple up corners. Send to JS. Blame An Post. For good measure, rip in half first.

LolaDub

eth0_ wrote: »

*scratches head*
That sounds HIGHLY dubious and probably illegal! You're supposed to physically SIGN a direct debit mandate, the bank will not action the gym's request to setup the DD without this.

If I were you I would contact my bank and ask for a copy of the DD mandate the gym sent to them. I would be very interested in seeing if it had "your" sig on it :eek:

I don't actually want to cancel, but when i do i'll be using this alright! I know about 3/4 other people in my js and while they all signed a contract, none signed a direct debit form. Whenever js want to contact me its always by a text, a different number each time. I would assume its just members of staff using their mobiles afraid to talk to more unhappy customers although my js is alright.

faceman

eth0_ wrote: »

This is quite dubious. If you were injured on their premises I would think their insurance would not cover you as you are not technically 'on the books' as a member..

Whether or not he is a member would not impact insurance payout.

cast_iron wrote: »

From my reading of this, selling the product as having a "12 month minimum contract" is a touch misleading.

In the case above, you cannot actually exit the contract (without penalty) for 14 months - due to the 2 month's cancellation notice condition.

Of course you can cancel in month 2 giving 2 months notice. There is nothing in the contract to the contrary. Hence the name 12 month minmum term.

eth0_ wrote: »

*scratches head*
That sounds HIGHLY dubious and probably illegal! You're supposed to physically SIGN a direct debit mandate, the bank will not action the gym's request to setup the DD without this.

If I were you I would contact my bank and ask for a copy of the DD mandate the gym sent to them. I would be very interested in seeing if it had "your" sig on it :eek:

Its not illegal, they probaly subscribe to the Originator Plus paperless DD scheme which most utility service providers use.

seamus

eth0_ wrote: »

*scratches head*
That sounds HIGHLY dubious and probably illegal! You're supposed to physically SIGN a direct debit mandate, the bank will not action the gym's request to setup the DD without this.

If I were you I would contact my bank and ask for a copy of the DD mandate the gym sent to them. I would be very interested in seeing if it had "your" sig on it :eek:

The DD setup has changed a lot in the last year or two. As faceman says, a number of companies are now part of the "paperless" Direct Debit scheme which authorises them to set up direct debits without your signature. I'm not sure what the criteria are - obviously they need a bank account and sort code, and your agreement. It's sort of a trust agreement, which is good in theory, but they would want to be careful about letting the likes of Gyms sign up to it.

eth0_

seamus wrote: »

The DD setup has changed a lot in the last year or two. As faceman says, a number of companies are now part of the "paperless" Direct Debit scheme which authorises them to set up direct debits without your signature. I'm not sure what the criteria are - obviously they need a bank account and sort code, and your agreement. It's sort of a trust agreement, which is good in theory, but they would want to be careful about letting the likes of Gyms sign up to it.

That is so dodgy. I'm hesitant enough about using direct debits!

dancingqueen

Bord Gas, Eircom etc. all use Originator Plus - it's way handier when dealing in volumes. A mate of mine was a member in Jackie Skellys, she rang them up, gave them her "new" address and phone number (aka bogey) and cancelled her dd - no possible way to find her then. Might also help to change your phone number

In all seriousness - take responsibility for the contract you put your signature to, also in the case of not signing a contract and using the facilities, you are by law activating the terms of said contract.

sunny2004

There are rumours that Jackie Skelly will send the "BOYS" around to sort you out, but after more than a year as a member you should be fit enough to run..

Cancel the direct debit..
Forget it !
RUN RUN RUN

faceman

sunny2004 wrote: »

There are rumours that Jackie Skelly will send the "BOYS" around to sort you out, but after more than a year as a member you should be fit enough to run..

Cancel the direct debit..
Forget it !
RUN RUN RUN

Lets elaborate on what "debt collectors" are. Most companies when you dont pay your bills on time, will have their credit controllers call you or write letters to you advising you of your breach of contract/overdue bills.

Few companies use door to door collectors. Those who do, dont emloy skinheads in leather jackets with baseball bats! There are laws around pursuing consumers for debts! Door to door collectors for the most part are professional etc.

But lets not call it something that its not, if you signed a contract agreeing to payment terms etc and you default, then a company is fully entitled to pursue the debt (legally of course!)

sunny2004

faceman wrote: »

Lets elaborate on what "debt collectors" are. Most companies when you dont pay your bills on time, will have their credit controllers call you or write letters to you advising you of your breach of contract/overdue bills.

Few companies use door to door collectors. Those who do, dont emloy skinheads in leather jackets with baseball bats! There are laws around pursuing consumers for debts! Door to door collectors for the most part are professional etc.

But lets not call it something that its not, if you signed a contract agreeing to payment terms etc and you default, then a company is fully entitled to pursue the debt (legally of course!)

Lets elaborate on what humour is I was joking.....

faceman

sunny2004 wrote: »

Lets elaborate on what humour is I was joking.....

nothing to see here folks, move along, nothing to see here!

Sherifu

Mairt wrote: »

Whatever you do, don't fall into arrears with them!..



This was an ad ran in the evening papers not too long ago.

sunny2004 wrote: »

There are rumours that Jackie Skelly will send the "BOYS" around to sort you out, but after more than a year as a member you should be fit enough to run..

Cancel the direct debit..
Forget it !
RUN RUN RUN

Rumours you say.

sunny2004

LOL.. I was still joking.. I have no idea what they do at Jackie Skelly's..
I dont use a gym as I am naturally beautiful and BUFF !

LolaDub

I use a gym and i'm still a fat ass, can i get a refund from js???

Joking! (not to the guy i sit on in the sauna)

Galadriel

I'd pay up as it's definitely not worth the hassle; I gave them two months notice that I wanted to cancel my membership but even after the two months where up they kept taking money from my account.

They apologised and said it was a mistake but it took me at LEAST 30 phone calls and three months before I got my two months worth of fees back. :mad:

deisebabe

yikes. Always remember to cancel the dd yourself. I've heard of a few organisations doing this..its not a mistake. they just hoping you wont notice a few extra payments gone.

cri

can anyone scan a contract up onto the web, remove the specific details. That will make it clearer to answer.

Rebel021

eth0_ wrote: »

*scratches head*
That sounds HIGHLY dubious and probably illegal! You're supposed to physically SIGN a direct debit mandate, the bank will not action the gym's request to setup the DD without this.

If I were you I would contact my bank and ask for a copy of the DD mandate the gym sent to them. I would be very interested in seeing if it had "your" sig on it :eek:

Actually internet providers like IBB and clearwire don't require your signature at all,they deliver their product to you and once you take the product then you are bound to a contract.All they want from you is bank details.

garrincha62

Just to follow up on this thread. i am now free of Jackie Skelly Fitness. No DD taken from my account this month (though the bank teller did warn me that if I had used my laser card to pay them they could still keep charging me. He's seen it done before).
I had to notify them in writing and when I asked them could they print out a cancellation form they said that the printer was broken so I had to handwrite 2 letters (one a copy) and get the manager to sign it. The manager, I was told, was extremely busy, as gym managers often are. So the beady eyed secretary signed the letters.

FREE FREE FROM THAT HORRID WOMAN SKANKIE SKELLY!!!! HURRAH!!

the_syco

Well done. I'm still fighting the fight. Have been told by someone in the banking business that Jackie Skellys sometimes take the money from another of their accounts (ie:, not /OP DANCE LTD, or whatever the f**k it's called).

Have been getting the bank to stop every 3 months (they can only stop the DD for 3 months at a time, it seems).

Stopped ringing them a long time ago, and only communicate via registered letters.

They haven't sent out any threatening letters for a while, so I'll be sending them more mail soon