"Jackie Skelly Gym" contract end/debt agency/hygiene?

Hi there,
I wish to terminate my contract with Jackie Skelly's gym but have been told that I need to pay an additional two months (for what purpose?) and am unhappy to do so as the hygiene in the place was extremely poor. (I am not going to use it!)

I have know received a letter threatening debt collection agency (which may affect my credit rating) I was wondering has anyone had a similar experience?

Best Regards and thanks in advance
Strawberry B

[ClubMan]

What do the terms & conditions of your original agreement with them say about termination? Did you put your complaints about hygiene to them officially (e.g. in writing) previously or when terminating your membership?

Hi

While the termination fee was included in the contract(in very small print) I was not satisfied with the service and shouldn't be liable, the hygiene in there is appalling

[NorfBank]

I know there are principles involved but the pain of having to pay 2 months penalty will be a lot less than having your credit rating affected. Put it down to experience and never sign anything without thoroughly checking the facilitiies and terms and condition again?
This may sound like rolling over I know but weigh up principle versus future bad credit rating.

[ClubMan]

You should write to them stating this so.

[cjh]

Originally Posted by NorfBank

I know there are principles involved but the pain of having to pay 2 months penalty will be a lot less than having your credit rating affected. Put it down to experience and never sign anything without thoroughly checking the facilitiies and terms and condition again?
This may sound like rolling over I know but weigh up principle versus future bad credit rating.

Disagree completly. It's the 'Roll Over' attitude that has Consumer Service in this country the way it is!

[ClubMan]

In my amateur opinion you can't just walk away from the contract and not expect to be charged the penalty. What you need to do is when cancelling set out in writing your reasons and why you believe that the contract was breached and the penalty should not be charged. If you already cancelled unilaterally then strictly you are liable for the penalty. Unless you can convince them otherwise after the fact.

Thanks for your comments will consider ALL!

SB

[NorfBank]

So cjh, what would you do?

Refuse to pay which results in bad credit rating which then results in future mortgage refusal by prime lenders which then results in a ludicrously high interest rate from a sub prime lender.

You could always employ an expensive solicitor and chase Jackie Skelly through the courts and you may win and you may get your costs paid for and you may get the black mark eventually removed from the ICB or you may lose resulting in legal bills and a bad credit rating. All this for principles and a c100 Euro penalty? No thanks.
At least pay the penalty, get collection agency off your back then involve solicitor to try and get penalty back if you believe you have a strong enough case...my two cents.

[cjh]

I'd go into Jackie Skelly and ask to speak to the manager and make my case to them.

[ajapale]

I think Joe Duffy dealt with the question of the hygene standards at the JSG last week.

[CCOVICH]

To the OP-you may have rights available under the Sale Of Goods and Supply of Services Act, but in the first instance you should put your complaint in writing to the gym, informing them that you were unhappy with the service and why, and what you want done. Mention the Office of the Director of Consumer Affairs and the Small Claims Court when making your complaint.

Check out www.odca.ie for more information

If this is too much hassle, just pay the 2 months.

[Cowzer]

Originally Posted by ClubMan

In my amateur opinion you can't just walk away from the contract and not expect to be charged the penalty.

While that obviously applies in 'normal' circumstances surely there are circumstances when the customer is entitled to rip up the contract when the service provided is nothing like what was advertised? I heard the Joe Duffy programme on the place in question and it really was astounding, I can't imagine any court in the land not supporting the right of the customer to cancel their contract in light of the hygiene problem (I can't even bring myself to repeat what I heard, I'd just come over all queezy again ). I honestly think this business has some neck challenging wantaway customers, they should be down on their knees apologising to them.....and begging not to be sued.

[Cahir]

I wrote a detailed email to JS in January complaining about the disgraceful hygiene standards. The manager rang up and addressed each point assuring me that things would improve. Nothing has improved, in fact it's much worse than it was a year ago. Unfortunately it's the closest gym so I put up with it. Maybe if more people complained they might do something.

A friend of mine left about a month ago and stated in a letter that she was leaving due to the lack of hygiene. I'll ask if she had to pay the extra two months charge.

[ClubMan]

Originally Posted by Cowzer

While that obviously applies in 'normal' circumstances surely there are circumstances when the customer is entitled to rip up the contract when the service provided is nothing like what was advertised? I heard the Joe Duffy programme on the place in question and it really was astounding, I can't imagine any court in the land not supporting the right of the customer to cancel their contract in light of the hygiene problem .

I could certainly envisage a court siding against the consumer if it was obvious that they unilaterally breached the contract without even making their complaints known (in writing preferably) to the establishment. Cahir and friend seem to have the right approach. I suspect that just walking away from the contract is the wrong approach and leaves one open to liability for any early termination penalties outlined in the contract.

[Cowzer]

Originally Posted by ClubMan

I could certainly envisage a court siding against the consumer if it was obvious that they unilaterally breached the contract without even making their complaints known .

That goes without saying, but it wasn't the point I was making.

[ClubMan]

Er... let me try again...

Originally Posted by Cowzer

I can't imagine any court in the land not supporting the right of the customer to cancel their contract in light of the hygiene problem

I ceratinly can - for example if the customer didn't take steps to explain why the other party had breached the contract and they (the customer) simply tried to walk away expecting the other party not to enforce any penalty clauses.

[Cowzer]

Originally Posted by ClubMan

Er... let me try again...

I ceratinly can - for example if the customer didn't take steps to explain why the other party had breached the contract and they (the customer) simply tried to walk away expecting the other party not to enforce any penalty clauses.

Er, you must try harder! Honest, none of us on this thread is daft enough to think you can rip up a contract without presenting your reasons for ripping it up, I suspect your average pre-school budgie could figure that one out. The point, which I would have thought is quite obvious, is that if the services provided bore no relation to those promised in the contract one would surely stand a pretty good chance of winning a case against the establishment. Got that?

[ClubMan]

Originally Posted by Cowzer

if the services provided bore no relation to those promised in the contract one would surely stand a pretty good chance of winning a case against the establishment.

Depending on the specific sutuation it could be hard to objectively and verifiably prove that some "hygiene problems" outweighed the successful delivery of all other contractual obligations by the service provider to the extent that "the services provided bore no relation to those promised in the contract". The original poster does not clarify but if, for example, they used the gym for a period of months before deciding that they wanted to prematurely terminate the contract then it might be difficult to prove that "the services provided bore no relation to those promised in the contract".

[ajapale]

Cowser, Please refrain from personalised comments/attacks.

Originally Posted by Cowzer

Oh, I don't know Clubman,........
......
........C'mon Clubman, perhaps, for once, it's time to take the side of the wronged consumer, rather than the business. No one would think less of you, honest.