problems with jackie skellys

ronn

Anyone no how to get out of the contract with jackie skellys my contract is up in march but there telling me i have to pay till may that they only do 14months contracts.

Static M.e.

Not sure if we are allowed to discuss..
They told me that I had to give two months notice before they would cut me off. My flatmate also had an issue with them where they kept talking money out of her account months after she had quit. As in she quit, then all of a sudden 6 months later, money started going out of her account again for some reason, it took her a long time to fix the problem.

thebman

This crowd were featured on prime time not long ago. I'd contact them again and the National Consumer Agency.

If enough people complain, they'll investigate. Make sure you read what you signed with them when you signed up. That contract basically decides if this is fair or not.

paudie2005

think the only way of getting out of it without too much cost is to get someone else to fulfill your contract,I got a shock when i read the fine details of the contract after i singed up,and yer one who signed me up made no mention of the clauses either at the time,cowboys ted!

hypnosisdublin

You can get someone to buy you out of your contract and pay for the remainder of your year's membership.

I think it costs about €45 - get the person buying you out to pay for this as they're not having to pay the usual joining fee of €75.

Maybe you can find someone on this forum to buy you out.

Hope that helps,

Paul

staf9

you can always cancel the direct debit with the bank to stop the money going out of your account, they will ring you then and you can discuss it over the phone with them and make a complaint over the lack of details giving to you at the time of signing the contract. i joined last august and was told it was a 12 month contract. this is the first i have heard of having to give 2 months notice. i was also told a while ago that after the 12 months are up they will automatically start you on a new 12 month contract unless you contact them on the exact day it runs out to cancel it. this surely cannot be legal either. you sign up for 12 months and after that you shoudl get a call to confirm if you want to continue your contract.

AARRRGH

I have my old contract in front of me here. Right next to where you sign your name it says "membership will automatically continue". Looking at the small print on the back it says "after the initial period of 12 months membership, membership will continue on a rolling basis until you formally advise us in writing of your request to cancel". It also says "Should a member wish to cancel... a minimum of 60 days notice is required", and then they explain this effectively means you need to cancel in month 10.

This is all clear and you agreed to it.

corribdude

Such a load of crap...60 days minimum notice...its not like they are landlords who need to find replacement tenants. It should be - 12 months up, you stop going, end of story. Or if they need 'notice' - 12 months up, tell them you're finished, stop going, end of story. I saw that prime time special, they are a bunch of cowboys.

AARRRGH

It's annoying, but you agree to it when you sign the contract.

You can hardly blame Jackie Skellys for people's inability to read contracts...

billyhead

Aaargh,

I agree. I am a member of Jackie skellys too and made sure I read the small print about the 2 months notice on the back of the contract before I signed the form. I am happy enough with the gym anyway so I am not to fussed about renewing my contract when it runs out.

the_syco

I signed up for a 3 month contract in November 06.

They never mentioned anything about it being a rolling contract, it never mentioned it anywhere in the T&C they gave me when I was signing the contract, and since I told my bank to stop any and all payments, they have threatened me, but never replied to my request to see the contract. To see where it says that, as I never saw it.

I signed this contract in November 06, so if anyone has a 3 month contract from back then (and yes, it said on the front "3 month contract", I'd like to see the small print that wasn't on the contract that I signed).

Also, I found that they take money out of your account as "OP/ MAP DANCE LTD", which imo is slightly misleading. It's not a name you'd think is Jackie Skellys, if looking at your bill.

corribdude

AARRRGH wrote: »

It's annoying, but you agree to it when you sign the contract.

You can hardly blame Jackie Skellys for people's inability to read contracts...

Of course I blame them, you mustn't have seen the prime time special or you woudn't be defending these scumbags.

As if everyone always reads the fine print of every thing they sign. You can be sure that it's factored into their scheme that people dont read it as it is a total joke that they need 'notice' for cancelling a gym contract. Its the stupidest thing Ive ever heard...what logistical problems will your absence present to their running of their gym that they need 60 days notice to prepare for? :rolleyes:

deisebabe

saw that primetime special allright. Why not contact conor pope as well? His pricewatch blog tends to be helpful...its on irishtimes website.
For myself I just cancelled direct debit. They threatened debt collectors but tbh it wasn't worth it to them in the end and after a few arguments i heard no more from them.

AARRRGH

corribdude wrote: »

Of course I blame them, you mustn't have seen the prime time special or you woudn't be defending these scumbags.

I did see the primetime special. All they were accused of is the hard sell. Nearly every sales based company do that.

Nothing new there...

corribdude wrote: »

As if everyone always reads the fine print of every thing they sign.

Think about what you're saying: you are given a contract, you don't bother reading it but you sign it anyway, and then you complain when that comes back to haunt you.

Seriously, take responsibility for your actions.

Do you know what a contract is? Serious question.

corribdude

AARRRGH wrote: »

Think about what you're saying: you are given a contract, you don't bother reading it but you sign it anyway, and then you complain when that comes back to haunt you.

Seriously, take responsibility for your actions.

Do you know what a contract is? Serious question.

Lets live in the real world for a moment. Do you read through several pages of jargon when signing for your car loan with BOI or a lease for an apartment with a big rental agency? Well I dont, I might have a very quick glance but I certainly dont read every single minute detail, the same as the vast majority of people dont - which is precisely why Jackie Shellys decided to put in this joke of condition '60 days minimum notice'. People just trust a big business with a well known brand name not to f*ck them over in the fine print, and jackie shellys is the only one I know of off the top of my head that does it. It might be legally ok, but it is definitely ethically wrong, just like their sales tactics and makes using the term 'scumbag' justified in relation to them.

As a matter of interest, why do you think they have this '60 days minimum notice'? Do you think there is one legimate reason for it other than to screw their customer over for more cash before they leave the gym?

thebman

corribdude wrote: »

Lets live in the real world for a moment. Do you read through several pages of jargon when signing for your car loan with BOI or a lease for an apartment with a big rental agency? Well I dont, I might have a very quick glance but I certainly dont read every single minute detail, the same as the vast majority of people dont - which is precisely why Jackie Shellys decided to put in this joke of condition '60 days minimum notice'. People just trust a big business with a well known brand name not to f*ck them over in the fine print, and jackie shellys is the only one I know of off the top of my head that does it. It might be legally ok, but it is definitely ethically wrong, just like their sales tactics and makes using the term 'scumbag' justified in relation to them.

As a matter of interest, why do you think they have this '60 days minimum notice'? Do you think there is one legimate reason for it other than to screw their customer over for more cash before they leave the gym?

I do personally but anyway I agree with you that there should be protection for consumers against these kind of terms on contracts where it wouldn't make sense.

In fact, I imagine there is. Post on the consumer complaints forums and see if there is protection for consumers against these kinds of odd conditions. You could refuse to pay and tell them to take you to the small claims court for the amount. They won't do it if the law will be on your side.

Obviously you should get advice on this before hand. You should also note that them saying you'll get a bad credit rating (if they say that) is most likely nonsense but that is something to ask the people on the consumer affairs forum as I ain't no expert on these things.

corribdude

AFAIK I know, there is some law that states contracts have to be somewhat reasonable, as in if they had a clause in the fine print saying you had to pay them €20K one year after you sign the inital contract it would be thrown out in court as its completely unreasonable. I would imagine it would be the same with the 60 days notice thing if it ever came to court, it would be thrown because it makes no logical sense other than being used as a cheap underhand device to extract more money from a customer that is leaving them.

Anyway, Im not a member of this gym, I just dont like this kind of thievery.

Roper

This is all "as far as I know" so take it as you will. In year to year contracts like this, you can break at the renewal date, but not before. If you do break before, there is usually a minimum notice period.

All this is fair enough in writing. You agree to a contract, they provide a service, you pay for a minimum amount of time. After all if gyms were dependent on people promising to come for a year then they'd be out of business by February.

From the gym's point of view, you should have paid the money up front for a year, realistically that's not always possible so they give you a flexible payment option, and then people want to pull out of that option. Again, from the gym's point of view, you're not paying a full year's fee when you promised to.

I have to say I have limited sympathy for people who don't take the time to read the small print.

AARRRGH

corribdude wrote: »

Lets live in the real world for a moment. Do you read through several pages of jargon when signing for your car loan with BOI or a lease for an apartment with a big rental agency?

The Jackie Skelly small print is one page long.

corribdude wrote: »

Well I dont

Then you only have yourself to blame for signing contract you don't understand.

Think about it.

corribdude wrote: »

As a matter of interest, why do you think they have this '60 days minimum notice'? Do you think there is one legimate reason for it other than to screw their customer over for more cash before they leave the gym?

I have no doubt they are trying to make things as difficult as possible, but you agree to it when you sign their contract.

corribdude

Roper wrote: »

This is all "as far as I know" so take it as you will. In year to year contracts like this, you can break at the renewal date, but not before. If you do break before, there is usually a minimum notice period.

All this is fair enough in writing. You agree to a contract, they provide a service, you pay for a minimum amount of time. After all if gyms were dependent on people promising to come for a year then they'd be out of business by February.

From the gym's point of view, you should have paid the money up front for a year, realistically that's not always possible so they give you a flexible payment option, and then people want to pull out of that option. Again, from the gym's point of view, you're not paying a full year's fee when you promised to.

I have to say I have limited sympathy for people who don't take the time to read the small print.

I agree that you sign up for a year and it is unfair on them if you leave earlier. However the op has they are doing '14 month' contracts..ie even though you sign up for 12 months, when that 12 months is up you have to tell them not to automatically renew your contract and even then you will be billed for an extra 2 months as they need '60 days notice', thats a joke.

corribdude

AARRRGH wrote: »

I have no doubt they are trying to make things as difficult as possible, but you agree to it when you sign their contract.

So if they had a clause in it saying you forfeit your house to them on signing to contract do you think it would be legally binding? The answer is no because if certain terms are very unreasonable you can't be legally bound by them. In this situation it would be thrown out of court it's about as obvious a case of daylight robbery as you can get, there is absolutely no reason why they need 60 days notice.

AARRRGH

corribdude wrote: »

So if they had a clause in it saying you forfeit your house to them on signing to contract do you think it would be legally binding? The answer is no because if certain terms are very unreasonable you can't be legally bound by them. In this situation it would be thrown out of court it's about as obvious a case of daylight robbery as you can get, there is absolutely no reason why they need 60 days notice.

I'm not a solicitor, so I have no idea if it would be thrown out of court, but my point still stands: if you don't read what a contract says before you sign it, you shouldn't blame someone else when you realise how foolish that was.

Life is easier when you take personal responsibility for your actions.

corribdude

My point is they are scumbags for doing this as they know that the vast majority of people will not read throught the fine print/terms & conditions of a gym contract.

Im done with this thread now. I just want to ask one last question do you think they are scumbags for doing this? I don't need to hear 'but they signed for it', thats a given, just tell me straight out whether you think it is sly or not.

AARRRGH

corribdude wrote: »

My point is they are scumbags for doing this as they know that the vast majority of people will not read throught the fine print/terms & conditions of a gym contract.

Im done with this thread now. I just want to ask one last question do you think they are scumbags for doing this? I don't need to hear 'but they signed for it', thats a given, just tell me straight out whether you think it is sly or not.

I think you are in the wrong. I do not think they are in the wrong.

They're being difficult though. "Scumbag" is too harsh because you're agreeing to their terms and conditions. But difficult, definitely.

corribdude

Ok thats your opinion, anyway just to say again im not a member of this pos gym.

chiliconparmi

Take a look at this site http://www.irishtimes.com/blogs/pricewatch/2008/10/23/taking-issue-with-jackie-skelly/

Also if you are worrying about your credit rating if you just stop paying

"Incidentally a lot of the time gyms threaten people who haven’t paid with debt recovery agencies and suggest non-payment may affect credit ratings – but this isn’t actually the case as gyms are not registered with the Irish Credit Bureau."

AARRRGH

Yeah, see this:

http://www.icb.ie/membership.php

HOWEVER -

If they took you to court and got a judgement against you, that woudl affect your credit rating. Whether they'll take you to court over a few hundred quid though - not a chance!

Sangre

AARRRGH wrote: »

Then you only have yourself to blame for signing contract you don't understand.

Think about it.

Thankfully the courts are more realistic than this and accept the position that the consumer/business relation is not one of equal bargaining power. Most people don't have time to read them or would struggle to understand their implication. Consumer can't argue a term, he either has to accept it or not. Not much he can do if the service/good is vital. As a result they won't enforce any unfair terms in a consumer contract. (not making comment on application to this).

AARRRGH

Sangre wrote: »

Thankfully the courts are more realistic than this and accept the position that the consumer/business relation is not one of equal bargaining power. Most people don't have time to read them or would struggle to understand their implication. Consumer can't argue a term, he either has to accept it or not. Not much he can do if the service/good is vital. As a result they won't enforce any unfair terms in a consumer contract. (not making comment on application to this).

When I said "contract you don't understand" it was within the context of "contract you didn't read" rather than "contract which is written in such a way as to be illegible to the average person". (Read the previous posts to understand the context.)

Obviously I agree the contract needs to readable. If you look at a Jackie Skelly contract (I have one in front of me) they are very simple and you can scan through its main points in a minute or two.

Pub07

It doesn't matter whether you didn't read it or didn't understand it, if the terms are unfair they won't be enforced.

AARRRGH

I have no idea if the contract is legally fair or not, but on a postive note, at least Jackie Skellys are teaching people how important it is to read a contract before you sign it.

thebman

AARRRGH wrote: »

When I said "contract you don't understand" it was within the context of "contract you didn't read" rather than "contract which is written in such a way as to be illegible to the average person". (Read the previous posts to understand the context.)

Obviously I agree the contract needs to readable. If you look at a Jackie Skelly contract (I have one in front of me) they are very simple and you can scan through its main points in a minute or two.

Okay, do you have a copy of the contract because you are a member or because you sell memberships for them or other?

Only asking because if you do work for them, your point of view is obviously going to be affected by it and I think you should declare that.

I personally think after watching the prime time special that this company should be at least fined heavily. They obviously aren't trying to provide a service and are more interested in ripping off the public.

I know buyer beware and all that but a certain amount of protection should be there for the public and I don't think this company has ethical business practices at all.

Beau

I understand where Aaargh is coming from but I just think ethically their practice is completely wrong.

I signed up for 3 months one summer. When I signed up the girl was trying to push for me to sign for a 12 month one. I made it clear that I had no interest in that because I had a free gym in college and just needed to keep going while I was at home. I think she should have pointed out right there and then how important it was for me to cancel my membership after one month in! Plus on my last day I asked the receptionist if it was the last day on my membership and she confirmed this. Fast forword a year later I got a letter saying a payment had bounced! I had been paying over the odds every 3 months for a year. Killer.

As aaargh said I'll read any contract I sign again.

pebbles21

as Ben Dunne would say







Jackie Skelly are you listening????

AARRRGH

brim4brim wrote: »

Okay, do you have a copy of the contract because you are a member or because you sell memberships for them or other?

Only asking because if you do work for them, your point of view is obviously going to be affected by it and I think you should declare that.

I'm a member of their gym and I have my contract on hand.

brim4brim wrote: »

I personally think after watching the prime time special that this company should be at least fined heavily. They obviously aren't trying to provide a service and are more interested in ripping off the public.

I know buyer beware and all that but a certain amount of protection should be there for the public and I don't think this company has ethical business practices at all.

They are doing what a lot of sales oriented companies are doing... seriously. I hate sleazy sales tactics as much as the next guy but at the end of the day only I control my life so if I decide to believe their sales jargon and sign their contract without reading it... well, that's my choice and the only person I should be angry with is me.

FlutterInBum

AARRRGH wrote: »

They are doing what a lot of sales oriented companies are doing... seriously. I hate sleazy sales tactics as much as the next guy but at the end of the day only I control my life so if I decide to believe their sales jargon and sign their contract without reading it... well, that's my choice and the only person I should be angry with is me.

Well said.

thebman

AARRRGH wrote: »

They are doing what a lot of sales oriented companies are doing... seriously. I hate sleazy sales tactics as much as the next guy but at the end of the day only I control my life so if I decide to believe their sales jargon and sign their contract without reading it... well, that's my choice and the only person I should be angry with is me.

Yeah well companies like this shouldn't be able to stay in business because people shouldn't be putting up with their sh*t TBH.

Irish people seem to be crap at that though.

I wouldn't sign up for this gym after hearing all this crap about them. I wonder why people do put up with crap contracts like this? Everyone seems to be signed up to this gym franchise.

AARRRGH

brim4brim wrote: »

I wouldn't sign up for this gym after hearing all this crap about them. I wonder why people do put up with crap contracts like this? Everyone seems to be signed up to this gym franchise.

They have good facilities though, and they're not too busy. Also, I've been a member on and off for about 12 years, and they've always been decent to me, so I don't mind giving them my business.

the_syco

AARRRGH wrote: »

Think about what you're saying: you are given a contract, you don't bother reading it but you sign it anyway, and then you complain when that comes back to haunt you.

Seriously, take responsibility for your actions.

Do you know what a contract is? Serious question.

I read the contract given to me. It didn't mention anything about a rolling contract. I've asked in every letter that I sent by registered post for a copy of the contract. I have no qualms paying the €240 if it's written down. If it's not, they owe me lots more.

If you know of a way to demand that they give me a photocopy of my contract, I'll try it.

For the record, I wanted only a 3 month contract, to try it out, as the last gym I paid for 12 months, I stopped going after two. In JS's case, I stopped going sometime before Christmas (1.5 months or less). Nice place, but I'm not going to step in a JS again, as this put a bad taste in my mouth.

AARRRGH

the_syco wrote: »

I read the contract given to me. It didn't mention anything about a rolling contract.

If you have a different contract, you should tell them to F-off so.

the_syco

AARRRGH wrote: »

If you have a different contract, you should tell them to F-off so.

Stupidly, I didn't ask for, or get a copy of the contract. I have asked them to send me a copy, but no luck so far.

ronn

I ve had 2 phone calls 1 from the office junior asking why my money was stopped so i asked for a copy of the contract i signed, she agreed to post one out, few days later boss woman rings and asks whats the problem,,I told her i was grand thanks for asking,(she wasnt a happy camper). so i told her im waiting for a copy of the t&c that i signed to be posted out to me,She asked did i have an e mail that she would e mail them to me i told her i wanted them posted out to me, might cost them a few pence to post it out and the hardship to find my address,
still not giving inti them,

ronn

got the t&cs posted to me this morning but my signature is not on it and i dont remember signing them i do remember signing a smaller sheet wit my direct debt details on it, so ill wait till i hear from them

Síle28

Grr:mad: these guys tried to rip me off a couple of years ago, I joined a few months before I knew I would be emigrating and purposely took out a different short term contract which was for 3 months only, perfect as I was leaving after 3 months. I had to pay an extra 10 euro or something for the privilege of having the shorter contract but was what I needed and I read all the small print. Few days before I left the country I went to the gym, asked to now cancel, 3 months were up in about a week's time, signed the form to say I was cancelling blabla. Off I went to Switzerland and realised they were still direct debiting my account every month 3 months later. As you can imagine, was hard to rectify from abroad, called my bank, had DD cancelled etc but trying to get the 3 months back proved difficult, had to employ good ol dad to go scream at them to make it happen and even at that they still kept 1 month of the 3 overpaid for admin costs or something STUPID! it's a pity cause the gym and facilities I liked...

ronn

just sent you a pm syco

celestial

Talent wrote: »

I was told by two different young ladies in Jackie Skelly recently that the contract my wife signed in November 2007 was perfectly fair and legal because it had been written by the National Consumer Agency.

Not so. In fact this was a gross misrepresentation.

When I checked with the NCA I discovered that they had intervened with JS, and other gyms, following hundreds of complaints alleging their contracts were actually unfair and misleading.

The NCA in October 2008 (a year after my wife signed what she considers an unfair contract) announced that JS had revised their terms because the earlier terms (the ones my signed) were unfair for the following reasons.

1. Exclusion of liability for death or injury to customers
2. Ambiguity in respect of cancellation of contract
3. Ambiguity relating to the length of short-term contracts
4. Lack of clarity in relation to length of the contract - rollover aspects not made clear
5. Practices connected with debt collection

Six months after my wife thought her 12 month contract was ended she got a demand from JS for more than €600 because, despite her contract being flagged on the document as a 12 month contract, the fact that she didn't get a form from JS two months before the 12 months ended, and apply to have her membership cancelled, as far as they were concerned the membership continued and she owed them!

The NCA is trenchant on this point and is of the opinion it was in breach of the European Communities (Unfair Terms in Consumer Contracts) Regulations, 1995 and 2000 (see http://www.nca.ie/eng/Media_Zone/Press Releases/New_guidelines_for_gym_contracts.html)

According to their examination of the JS contract (which my wife had signed)

"A number of contracts reviewed by the NCA contained clauses that were unclear about cancelling contracts that had minimum membership periods linked to automatic extensions.
A contract will not be declared unfair by reference to the length of its minimum contract period, i.e. a 12-month contract will not be unfair simply because it is of that duration.
However, the conditions relating to notice periods/rolling membership often give rise to potential unfairness. The following example (actually from the JS contract my wife signed) is an illustration:


"The membership term is for an initial minimum membership period of 12 months. Following the initial minimum membership period, membership shall automatically continue on a monthly basis. Should a member wish to terminate their contract after the initial minimum membership period they must fill in a cancellation request form and a minimum of 60 days notice and 2 monthly direct debit payments are required."

Why does the NCA consider this term unfair?
The NCA is of the view that this term is in contravention of Regulation 5, because, as drafted, it may not be clear to the consumer at what point s/he may cancel the contract.

The NCA interprets the term as meaning that the 2 months notice required to terminate the 12 month contract could be given during the currency of the contract, i.e. at 10 months. However, as drafted, this could be unclear to consumers."

Elsewhere the NCA comments on this type of clause:


"A term in a fixed period contract is likely to be considered unfair if it has the effect of extending the contract in the absence of an unreasonably early cancellation notification or notice period to be performed by the member.
If members are required to make a cancellation decision too far in advance, they are liable either to forget to do so at the required time, or not be in a position to make an informed judgement on their future needs."

Of course it did continue - because they state in their contract that it will roll-over. Why would they send her a form to cancel the membership? They outline in their contract that the membership will continue unless you write to them giving them notice.

Don't forget there is an element of personal responsibility here - YOU sign on the dotted line so YOU take the responsibility of reading the terms of the agreement!

Of course, personal responsibility ain't fashionable these days - not like 'victimisation' and feeling hard done by.

Hanley

celestial wrote: »

Of course it did continue - because they state in their contract that it will roll-over. Why would they send her a form to cancel the membership? They outline in their contract that the membership will continue unless you write to them giving them notice.

Don't forget there is an element of personal responsibility here - YOU sign on the dotted line so YOU take the responsibility of reading the terms of the agreement!

Of course, personal responsibility ain't fashionable these days - not like 'victimisation' and feeling hard done by.

Exactly. Contracts and the terms contained therein are only fun when they work in your favour.

Talent

Celestial,
Two points arise from your reply.
1. Apart from personal responsibility there is also personal trust and when a salesperson tells you a contract is just for 12 months you are incined to believe them.

2. The form/page my wife signed did not say that the terms actually applied for longer than 12 months - if it did it should have read "Indefinite Contract" instead of 12 months. There was absolutely no logic to this nomenclature. Twelve months means Twelve months where I come from. According to some other Boards.ie posts I have read people who signed up for 3 months also got indefinite contracts without realising it.

3. If you read my post again you will see that the National Consumer Agency regards this practice and the way it was presented as in breach of EU, and therefore Irish, law.

4. My wife was never sent a copy of her contract so she had no way of checking the cancellation terms. Jacky Skelly never sent any reminder that her notice period was nigh either. I wonder why?

floggg

Talent wrote: »

"The membership term is for an initial minimum membership period of 12 months. Following the initial minimum membership period, membership shall automatically continue on a monthly basis. Should a member wish to terminate their contract after the initial minimum membership period they must fill in a cancellation request form and a minimum of 60 days notice and 2 monthly direct debit payments are required."

Why does the NCA consider this term unfair?
The NCA is of the view that this term is in contravention of Regulation 5, because, as drafted, it may not be clear to the consumer at what point s/he may cancel the contract.

The NCA interprets the term as meaning that the 2 months notice required to terminate the 12 month contract could be given during the currency of the contract, i.e. at 10 months. However, as drafted, this could be unclear to consumers."

Elsewhere the NCA comments on this type of clause:


"A term in a fixed period contract is likely to be considered unfair if it has the effect of extending the contract in the absence of an unreasonably early cancellation notification or notice period to be performed by the member.
If members are required to make a cancellation decision too far in advance, they are liable either to forget to do so at the required time, or not be in a position to make an informed judgement on their future needs."

Just because the NCA dislike this term, it doesn't necessarily mean that it is an unfair contract term. the NCA has absolutely no powers to make such a determination, which is a matter for the courts.

The term quoted seems fairly clear to me as to its effect, and i can't see anything particularly unfair about it. phone companies impose similar terms in all bill pay contracts, but nobody expects them to call you after a year and see if you want to cancel.

the unfair contract regs are designed to prevent businesses unilaterally imposing unfair contract terms on consumers, who are not in a position to influence the contrct terms due to the disparity in bargaining positions. they're not designed to help out people who "are liable to forget" to take responsibility for their own actions.

at the end of the day, if you are signing up to a gyms terms and conditions, you should take responsibility and read them for yourself. if there are any terms in there which you find unacceptable, you are free to go to another gym without such a term.

Talent

Flogg,
On the contrary the NCA does have legal powers and it could prosecute the gyms as well as going to court to make them alter their contracts. When it negotiated new terms with Jackie Skelly and other gyms last year it was able to tell them they either buckled under to the new terms or faced High Court actiuon.

floggg

Talent wrote: »

Flogg,
On the contrary the NCA does have legal powers and it could prosecute the gyms as well as going to court to make them alter their contracts. When it negotiated new terms with Jackie Skelly and other gyms last year it was able to tell them they either buckled under to the new terms or faced High Court actiuon.

How does that contradict what i said?

The NCA has the power to refer a contract term to the High Court. That does not equate to a determination that the contract term is unfair. it is a power to refer only. It is the High Court who, upon hearing submissions from the NCA, the supplier and any other interested parties, will determine whether or not the contract term is unfair.

citizensinformation.ie wrote:

Normally an unfair term in a consumer contract will only come to light if a problem arises between a consumer and a supplier of goods and services. If you feel that a term in a contract is unfair you should bring it to the attention of the National Consumer Agency (NCA).

The NCA can refer this term to the High Court which is the only place where a judgement can be made as to whether a term is unfair or not. In practice, if you report an unfair term to the NCA a representative would try and resolve the matter with the supplier concerned.

So, no the NCA does not have the power to determine whether a term is unfair, it can merely refer it to the High Court.