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Jackie Skelly and Legal Action?

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  • 09-03-2009 3:27pm
    #1
    bandybanter
    Closed Accounts Posts: 66 ✭✭


    Hi i signed a contract with JS for 12 months. I've been once and paid the initial fee but my direct debit didn't work. It is now three months on and they are threatening "legal action" (which was shouted down the phone at me!) I told them to F**k off!

    Just curious as to whether JS have actually pursued any legal action against any1 out there. I have 7 days to pay or else.....

    P.S. I don't want any of these BS replies of how i signed a contract and all that. I just would like some info! :)
    Tagged:


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    #2
    Big Wave
    Closed Accounts Posts: 313 ✭✭Big Wave


    No chance of them pursuing you - ignore them, and tell them to f*ck off if they ring back. They're just bullies, and known for their bully tactics. Nothing will happen.


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    #3
    jor el
    Closed Accounts Posts: 16,713 ✭✭✭✭jor el


    They may employ bully tactics in a lot of cases, but if you signed an actual contract, and you're now in breech of that, then they can pursue you in court if they want. Simply not going and not paying, is not how you end a contract.

    If they take it further, then telling them to fu*k off will not work in your favor when the judge sees you haven't paid the money you are legally and contractually obliged to pay them.


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    #4
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    But that said there is not a snowballs chance in hell that they will pursue the matter in a court of law.


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    #5
    Big Wave
    Closed Accounts Posts: 313 ✭✭Big Wave


    jor el wrote: »
    Simply not going and not paying, is not how you end a contract.

    He paid the initial fee and only went once - so I assume he hasn't availed of their service since them in an 'unpaid' manner. e.g. he paid in February & he went once in February - they aren't out of pocket.
    If they take it further, then telling them to fu*k off will not work in your favor when the judge sees you haven't paid the money you are legally and contractually obliged to pay them.

    1) They won;t take it further.
    2) If they do, just say it's not your signature & you signed nothing. For stuff like that (gyms, disclaimers, etc), I always sign a different signature, just in case something like that ever happens - if they compare them to your driving licence or passport, they're different - then threaten to sue them for forgery & fraud.


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    #6
    bandybanter
    Closed Accounts Posts: 66 ✭✭bandybanter


    Hi OP here.

    Thanks for your posts.

    I paid somethin like 87€ for sign on went once that month, then found out the next month my DD didn't work therefore i thought membership was automatically cancelled. That was in December. I angry with myself for tellin the woman to f**k off but she extremelly rude and i was angry. I think that because i told her to F off they might pursue the "ACTION" further!


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    #7
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    I doubt it. How many of these cases have you heard of? None i would say.


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    #8
    swingking
    Registered Users Posts: 4,258 ✭✭✭swingking


    Jacky Skelly are a shower of harassing b*****ds

    I went in there once ( I stress "once") to find out about joining up. I asked about the prices and they gave me a tour of their facilities. I stupidly gave them my mobile number.

    Since then they are constantly ringing me up asking when I am going to join. The guy on the other end of the phone started getting agressive :confused: saying that he needs to sign people up or else he will lose his job. He told me then to never come near their place again without signing up :eek:

    So I wont... :pac::pac:


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    #9
    Fratton Fred
    Closed Accounts Posts: 26,567 ✭✭✭✭Fratton Fred


    I cancelled my membership in November, so my last payment should have been in January. They have debited two monthly payments off my credit card because they never received my cancellation form. I handed it in person to them, but they deny this.

    I was warned about them when i joined but you kind of think "It wont happen to me". My next course of action is to take this up with my credit card company, see what they can do.

    I would never ever recommend this company to anybody.


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    #10
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    bandybanter wrote: »

    P.S. I don't want any of these BS replies of how i signed a contract and all that. I just would like some info! :)

    So it's a "BS reply" if it's true but you just don't want to accept it?

    You should take responsibility for your actions - you signed a contract for a year, you paid the joining fee : you are legally bound to pay for this contract for a year.

    Jackie Skelley are perfectly entitled to bring you to court or (more likely) sell your debt to a debt collection agency who will harass you until they get their money.

    I agree JS are cnuts but in this particular instance they have done nothing wrong.


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    #11
    MunsterCycling
    Registered Users Posts: 4,864 ✭✭✭MunsterCycling


    Why people defend this shower I'll never know, the contract isn't worth the paper its printed on.


    MC


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    #12
    Slippin Jimmy
    Registered Users Posts: 6,031 ✭✭✭Slippin Jimmy


    Something simular happened to me OP. The last time I was in contact with them, I told them that I was going to seek legal advice and would not pay a penny until I had. Also told them that I wanted a copy of my contract that I signed. Haven't heard from them since :)


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    #13
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    MunsterCycling wrote: »
    Why people defend this shower I'll never know, the contract isn't worth the paper its printed on.


    MC
    Agreed.

    Also they will take no one to court as this point will be revealed.

    Also debts cannot be sold to a debt collection agency. For this to happen they must prove to a court that a debt exists. Debt collection agencies have no more powers than you or I to collect money. In fact my cat has as much power.


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    #14
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    MunsterCycling wrote: »
    Why people defend this shower I'll never know, the contract isn't worth the paper its printed on.


    MC

    I'm not defending them, i'm merely pointing out that the OP signed up to a contract and paid the joining fee, so he is locked into a contract.

    Please explain why JS contracts aren't worth the paper they are printed on? Do you mean this of all gym contracts, or just JS in particular?


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    #15
    MunsterCycling
    Registered Users Posts: 4,864 ✭✭✭MunsterCycling


    Because anytime anyone has asked for a copy of their supposed contract they are given the runaroud by JS.

    MC


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    #16
    eth0_
    Registered Users Posts: 10,846 ✭✭✭✭eth0_


    MunsterCycling wrote: »
    Because anytime anyone has asked for a copy of their supposed contract they are given the runaroud by JS.

    MC

    Yeah, you mean people who DIDN'T sign a contract. I'm aware of that practice.

    But the OP signed a contract and not only did he do that, he also paid the joining fee so as far as I understand it, the contract is perfectly legal in this instance.


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    #17
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    We will have to see what a court has to say about that. Oh wait it will never see the inside of a courtroom. ;)


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    #18
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    eth0_ wrote: »
    But the OP signed a contract and not only did he do that, he also paid the joining fee so as far as I understand it, the contract is perfectly legal in this instance.

    Agreed, just because the OP didn't want to use the services or moved away or whatever the reason does not mean the contract is void, the contract still stands and they are due there money so they are only right to go after it.

    Canceling your payment method and hoping that will do is not an acceptable way to close or cancel any sort of contract with ANY company, infact its an incredible stupid way to do things and will only get you into hot water and potentially f*ck your credit rating if your a complete idiot


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    #19
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Bond-007 wrote: »
    We will have to see what a court has to say about that. Oh wait it will never see the inside of a courtroom. ;)

    If they do decide to settle before any court action that doesn't mean the OP is right it just means they couldn't be arsed wasting time and money on somebody who thinks they are right no matter what :)


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    #20
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    If they are not prepared to put their money where their mouth is, it is reasonable to deduce that their case is not strong. Their contract is likely to contain unfair and unlawful clauses which would be exposed and struck down by a court.

    It they were so sure of themselves they would take at least one case all the way to make an example so that the others would fold and pay up. To date they have taken no one to court to enforce their contract.


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    #21
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Bond-007 wrote: »
    If they are not prepared to put their money where their mouth is, it is reasonable to deduce that their case is not strong. Their contract is likely to contain unfair and unlawful clauses which would be exposed and struck down by a court.

    It they were so sure of themselves they would take at least one case all the way to make an example so that the others would fold and pay up. To date they have taken no one to court to enforce their contract.

    The cause could be very strong but the company will weigh up time/cost to them V just getting rid of the customer, if the time/cost are higher they'll likely just get rid of the customers as its easier in the long term.

    Sure they could fight it and very well win it but it would cost them more, course this way of doing things varys company to company

    Some will fight tooth and nail others may not, also down to whoever handles the companys complaints too I guess :)


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    #22
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Why have a contract at all if you are not prepared to enforce it?


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    #23
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Bond-007 wrote: »
    Why have a contract at all if you are not prepared to enforce it?

    Contracts are there when a company is providing a service to a customer, the contract is indented to protect both the customer and company.

    "If" they did settle then thats something you can ask them :)


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    #24
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    I think we shall agree to differ. :)


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    #25
    Cabaal
    Moderators, Technology & Internet Moderators, Regional South East Moderators Posts: 28,497 Mod ✭✭✭✭Cabaal


    Bond-007 wrote: »
    I think we shall agree to differ. :)

    Well I can't answer something when I have nothing to do with the company or its policys or procedures, I don't think anyone here can unless they do :D


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    #26
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    Fair enough. :D


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    #27
    the_syco
    Registered Users Posts: 37,301 ✭✭✭✭the_syco


    MunsterCycling wrote: »
    Because anytime anyone has asked for a copy of their supposed contract they are given the runaroud by JS.
    Aye. I'm still checking my bank account, as it seems they have some sort of "trusted" account set up with the banks, whereby they can charge you without your authorisation:mad:


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    #28
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    the_syco wrote: »
    Aye. I'm still checking my bank account, as it seems they have some sort of "trusted" account set up with the banks, whereby they can charge you without your authorisation:mad:
    Read up on Direct Debit plus and Originator Plus.


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    #29
    Sponge Bob
    Banned (with Prison Access) Posts: 25,234 ✭✭✭✭Sponge Bob


    Bond-007 wrote: »
    Read up on Direct Debit plus and Originator Plus.

    Read Up Here

    www.ipso.ie


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    #30
    Our man in Havana
    Closed Accounts Posts: 29,476 ✭✭✭✭Our man in Havana


    That might be the case in theory but in reality no bank follows those rules.


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    #31
    MagicMarker
    Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    Cabaal wrote: »
    Agreed, just because the OP didn't want to use the services or moved away or whatever the reason does not mean the contract is void, the contract still stands and they are due there money so they are only right to go after it.

    Canceling your payment method and hoping that will do is not an acceptable way to close or cancel any sort of contract with ANY company, infact its an incredible stupid way to do things and will only get you into hot water and potentially f*ck your credit rating if your a complete idiot

    A contract with a gym will not have any effect on your credit rating.


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