Gym Membership

Bluefox21

Hey,

When I signed up for my 12 month gym membership (6 months ago) I told them there was a possibility of me getting a year long work exchange program. Luckily I got awarded this programme and will be leaving in June. We agreed at the time of me signing up that if I got it I would cancel my membership as I would not be in the country (logical enough). Started my DD(direct debit) and used the gym fine. I have now informed them I will be leaving and that I have cancelled my DD. They have asked me for a copy of my agreement in writing which I obviously don't have .

I never actually signed the contract with the gym either though. They are saying that by using the gym I agreed to their terms but im saying that by using the gym I was agreeing to the terms I arranged with the sales rep :mad:

Any advice on how I should proceed?

Paulw

Unless you have it in writing that you can end the contract, they are able to force you to pay up.

Not a whole lot you can do.

Bluefox21

Paulw wrote: »

Unless you have it in writing that you can end the contract, they are able to force you to pay up.

Not a whole lot you can do.

Surely a verbal contract is in place? They have nothing in writing either

ytpe2r5bxkn0c1

Bluefox21 wrote: »

Surely a verbal contract is in place? They have nothing in writing either

Acceptance of the goods or service is deemed to be agreement to the contract terms and conditions.

Your milkman has no contract with you but can sue for non-payment - similar ruling.

MunsterCycling

Just write to the bank and point out to them that this DD is never to be re-instated.

MC

Bluefox21

Kaydence Broad Overlap wrote: »

Acceptance of the goods or service is deemed to be agreement to the contract terms and conditions.

Your milkman has no contract with you but can sue for non-payment - similar ruling.

So therefore by accepting my direct debit and allowing me to use the gym they are accepting my terms to the membership?

Paulw

Bluefox21 wrote: »

Surely a verbal contract is in place? They have nothing in writing either

Yeah, a verbal contract, however, it's then your word against theirs, and since most gyms have T&Cs up (website, at their entrance, etc) which says membership is for a year. The courts would tend to side with them.

By default, you are accepting their terms, unless you have proof otherwise.

Bluefox21

Paulw wrote: »

Yeah, a verbal contract, however, it's then your word against theirs, and since most gyms have T&Cs up (website, at their entrance, etc) which says membership is for a year. The courts would tend to side with them.

By default, you are accepting their terms, unless you have proof otherwise.

hmm thanks. I have cancelled the DD anyway. Hopefully they won't bother chase it up in court. Got about 250 left to pay. The gym in question has a very bad reputation and I have proof that I had applied for the exchange programme when I signed up so hopefully the courts will see my side. Although doubt they'll chase me to Chicago

Georgina012

just write to your bank and get them to cancel the DD

Cabaal

Bluefox21 wrote: »

Surely a verbal contract is in place? They have nothing in writing either

Verbal contract is fine, if you can prove it...got a recording of it?

They have clear T&C's and by using the gym you agreed to those T&C's, now your saying you have your own Terms by where are they displayed?, what services have the gym used that mean they agreed to yours?...it doesn't work they way your attempting to make it work.

Bluefox21 wrote: »

hmm thanks. I have cancelled the DD anyway. Hopefully they won't bother chase it up in court. Got about 250 left to pay. The gym in question has a very bad reputation and I have proof that I had applied for the exchange programme when I signed up so hopefully the courts will see my side. Although doubt they'll chase me to Chicago

That proof is fine and dandy but the gym also can prove you agreed to a 12 month gym membership, firstly you paid your fee's by direct debit and secondly you used its services which I'm sure they can easily prove, don't think that the court will take your side because your joe soap....the court looks at hard facts at the end of the day and you have nothing to say you agreed to a 6 months contract.

Really its not a whole lot different to signing up a mobile phone contract and then claiming it was for 6 months when the contract is only ever advertised as 12

Bluefox21

I appreciate what you are telling me. The point I am trying to argue is that I did agree to a 12 month contract on the basis that if I got this programme I could and would cancel. I understand it is completely my word against theirs. Only been in touch with the customer service apparently the guy who signed me up has "moved on" :rolleyes:.

Funny thing is I actually enjoy the gym and would sign back up after I come home (for much longer then 5 months!). Whether I do or not will really depend on how they handle this issue. They know well they agreed to it. Going to try my best not to get bullied into paying the rest. I can suspend my account for a max three months so only losing 100 at the end of the day if I lose. Still its worth fighting it out of principle. (isn't it? )

Nody

MunsterCycling wrote: »

Just write to the bank and point out to them that this DD is never to be re-instated.

MC

Which it would still likely be under the lovely Irish DD system of "trusted" companies.

Shelli2

Can you transfer your memebership into someone else's name? A family member or friend for instance, and let them use up the last 6mths?

Jumbo156

I suspect it is JS and they will take you to court

The Davestator

Jumbo156 wrote: »

I suspect it is JS and they will take you to court

I suspect it is too, but JSF have never and will never take anyone to court. In fact, no gym in Ireland has ever gone past sending debt collector letters.

I work in the industry, and know that once you cancel your dd with the bank, there is nothing the gym can do except pester you with letters and maybe phone calls.

humanji

Could you not come to an agreement where they pause you membership until you come back and you can resume payment then?

Bluefox21

humanji wrote: »

Could you not come to an agreement where they pause you membership until you come back and you can resume payment then?

You'd think that wouldn't you! That's pretty much what we'd agreed when I signed up. They're making a really big deal out of it though. One question. If in the unlikely event they do initiate proceedings will this in anyway effect my chances of getting into the United States? I would be pretty angry if this affected my work programme

Guy:Incognito

Not so much in the OP's case, seeign as he appears to have had an agreement (though not getting it in writing defeatedthe purpose) but I can never understand all the peopel giving out about Gyms, and particularly JS with regard membership. You agreed to join for a year , that's your own fault. If JS was agreeing to pay out €50 a month to people then just said after 4 months "**** this, I don't fancy paying this anymore" would peopel just let it slide and forget about it, or would we have huge aounts of threads here about the big evil company entering a contract then not honouring it and looking for advice on how to get their money?

Cabaal

What I don't understand is alot of gyms might have a pay as you go scheme, if a person thinks they won't be around for the full period of the contract then why don't they just do pay as you go....or is it that they don't want to pay out the extra money?

Red Alert

Unfortunately not, and mobile phone companies are another major offender in this regard. Lesson to all: make sure that when you sign up you sign the contract and get the sales rep to copy it for you. Everything should be noted on it, including stuff like 3-month duration etc.

rubadub

Cabaal wrote: »

What I don't understand is alot of gyms might have a pay as you go scheme, if a person thinks they won't be around for the full period of the contract then why don't they just do pay as you go....or is it that they don't want to pay out the extra money?

New years resolutioners, they figure if they pay up now it will force them to go to the gym, if it is pay as you go it is too easy to not go, and costs more.

If I was going to join a gym I would want it to be pay as you go for the first few months, and then get a refund for the remainder. e.g. if it was 500 a year and I paid 250 in pay as you go in 4 months I would want the remaining 8 months for 250. I see no reason why they should refuse this, other than being scared I would discover how crap their gym was and so back out. So if they did refuse my offer I would think myself lucky as they must have something to hide/fear.

From reading the massive "annoying gym behaviour" in the fitness forum I can safely say I will never get a full gym membership!

MysticalSoul

You agreed to a 12-month contract by using the services, and that unless you had it in writing about some kind of break clause, there is nothing you can really do. If you don't pay, they can have a black mark put against you with the ICB - not sure whether they would actually take you to Court or not. I would say, best case here is to take the three month break, so the loss isn't as significant. Alternatively, explain to them that you would like to return to the gym and ask for a break until you return - not sure if it would be possible, but if you don't ask, you will never know.

VERYinterested

Stekelly wrote: »

but I can never understand all the peopel giving out about Gyms, and particularly JS with regard membership.

This might help. A woman I work with was on maternity leave she joined Jackie Skelly in Nutgrove for 3 months in January as she was returning to work in April. Back in work now, she has gotten several calls from them wondering why she cancelled her agreement, threatening all sorts of legal action. She called in with a copy of her 3 month agreement only to find that on their copy not only is the three month option marked with an X by her, but some sly sod has also put a tick in the 12 month box! She is still trying to sort it out.

VERYinterested

VERYinterested wrote: »

This might help. A woman I work with was on maternity leave she joined Jackie Skelly in Nutgrove for 3 months in January as she was returning to work in April. Back in work now, she has gotten several calls from them wondering why she cancelled her agreement, threatening all sorts of legal action. She called in with a copy of her 3 month agreement only to find that on their copy not only is the three month option marked with an X by her, but some sly sod has also put a tick in the 12 month box! She is still trying to sort it out.

Whilst I don't believe that for a second, surely if that were the case, she'd be bringing them straight to court and letting every media outlet in the country know?

Surely there would be a sever punishment for, what is essentially, robbing people of their money and altering contracts without their agreement or knowledge?

StormWarrior

Paulw wrote: »

Unless you have it in writing that you can end the contract, they are able to force you to pay up.

Not a whole lot you can do.

This is not necesarily the case. I used to work in a gym, and dealt with memberships. If someone cancels the direct debit, what can the gym do? Nothing. They aren't going to bother taking legal action, with all the costs that would involve. You won't even be in the country anyway. Whenever someone cancelled a direct debit in my gym, the manager just let it go. You could always close your bank account and open a new one! With the bank account gone and you out of the country, what can they do?

tatli_lokma

Deleted User wrote: »

Whilst I don't believe that for a second, surely if that were the case, she'd be bringing them straight to court and letting every media outlet in the country know?

Surely there would be a sever punishment for, what is essentially, robbing people of their money and altering contracts without their agreement or knowledge?

I would well believe it - remember many of the staff work on a commission basis. Further more the debt recovery staff also work on a commission basis hence why they are so tenacious - my mate cancelled her membership and even did the 'right' thing by them and paid out the balance of the membership fee due. Nonetheless, she is still receiving calls from the debt collection team regularly saying she owes them money and that there was no payment received. She has now advised them that if they continue to contact her she will report them for harrassment as the money was paid and she has a letter from them confirming it.

In many jobs where basic wages are crap and earnings are largely supplemented by commission this sort of thing happens. I worked in compliance for a large company where sales were very important. On a weekly basis we had reps send in forged signatures. Because we were doing our jobs they never got away with it, but they tried to sign people up for services illegally. Or they would put the customer on a higher package and then claim a 'genuine mistake' knowing that customer services would sort it out when the DD went out. The reps often never intended on staying in the job long, so for a lot of stuff they hoped that it would not be discovered until they had moved on.

Don't be naive - it happens every day. Responsible companies know this and employ compliance teams to check the sales and do quality and spot checks to minimise the instances. Less responsible companies encourage staff (indirectly) to participate in these practices. If it makes them money, they don't care and they rely upon the fact that many people do not have the time/energy/tenacity to pursue these things if they are discovered.

VERYinterested

Deleted User wrote: »

Whilst I don't believe that for a second, surely if that were the case, she'd be bringing them straight to court and letting every media outlet in the country know?

It is true. Believe what you want in your sheltered little world.