company taking advantage of my disability

bexibex

In August 2009 I enrolled on a pilates teaching qualification, at the time I was a full time personal trainer extending my career, I paid £1500 for the course and was due to start in October 2009. Unfortunately I fell ill with a virus and could not do the course, I suspended my start date but was later diagnosed with Myalgic encephalomyelitis and had to leave work in November 2009 as it effects all of my neurosystem and muscles, I have to use crutches/wheelchair to be able to get anywhere and am mostly housebound.

After explaining the severity of the situation to the company FutureFit they replied that they would not refund the money I paid for the course even though I physically could not do it and lost my job and provided all medical evidence from my doctor.
They still have my money and I still cannot work. It absolutely pains me to think a big company like them have the nerve to take from a person who has just been diagnosed with a devastating disability, lost their job and now my partner is having to take bankruptcy because he cannot support us both. It is not as though I could do it later on because there is no time scale for when I can get better, it could be 10 20 years, how can they hold £1500 of my money when providing no service.
I understand that it is not their fault that I fell ill, but its not mine either, and on top of the disability this is the last thing I want to have to fight for.

I can't cope any more, I dont have the strength to keep fighting. I've called so many advice lines, citizens beauro and legal aid about this but none have helped me, they say there isn't a lot that I can do because they dont have any legal obligation to give it me back, although most companies do as a compassionate gesture (like my university did as I was studying a degree at the time as well) FutureFit is merciless.
I'm sick of losing sleep over this and would love some advice on where to go now or what action to take, I cant afford to £1500 go into thin air, no one can. Please please help me

Becky x

spugzbunny

I'm afraid all you can do (probably - I'm obviously not familiar with the contract you signed or the law) is keep contacting them by letter and telephone and keep pushing it higher up their management level. You may strike lucky with a compassionate CEO who wants to keep there reputation. You could also contact the media.

go_cat

They might not be taking advantage of your disability, it may just be their policy not to refund full stop.

What did the terms and conditions say when you signed?

If they will not refund would they transfer the name on the documents so you could "sell" it?

dmg24

I think your title is unfair. They are not taking advantage of you because of your disability, they are enforcing their terms and conditions as they would do with anybody else. It may seem unfair, but they are a business and they have a right to do this.

You could continue to chase them for a refund, or you could write it off as a bad experience and concentrate on your health. I would go for the latter.

dmg24

go_cat wrote: »

They might not be taking advantage of your disability, it may just be their policy not to refund full stop.

What did the terms and conditions say when you signed?

If they will not refund would they transfer the name on the documents so you could "sell" it?

The t&c's give a fourteen day cooling off period, and no refunds after that.

gordikin

Have you got what you signed up for?

Darksun

Legally, they have no obligation to provide a refund, unless there are provisions for cancellation in the T&C.

Morally, you certainly could argue they should refund the money. I would push your request (politely) as far as you can go within the company, and if you don't have any results then see if any press or media outlets would be interested in looking at your case, you may find the company to be more accommodating if their name is splashed across a magazine or newspaper

bexibex

Hi, thank-you for your quick feedback. I understand they are not taking advantage of just me, and it will be just their policy and they are standing by it as a business. Nevertheless its difficult to think that logically when your life gets turned upside down, you expect a bit of compassion as to be looked after as a customer, and if you imagine the situation you would be frustrated and upset too. I understand their 14 day cancellation period but I wasn't diagnosed at that time. As I said before I was also studying a degree, and the university refunded me fully even though I had actually started it and used the service. Where as with future fit I havn't got anything from them or used any service, they have got £1500 for nothing. I would love to put it down to bad experience but I simply cannot afford not to fight for my £1500, I cant afford to lose it now.
Like you said, I suppose I just must keep chasing it and hope that someone down the line shows any compassion. If not, then yes one definitely bad experience.

Thanks again guys x

lynzpower

Could you get the course transferred to something that you ARE able to do, maybe in the future? To get some moneys worth out of it?

piglet25

I would keep contacting them and aasking, then try the media. Even though their t and cs state the fourteen day period, surely they could make an exception given that you can provide medical evidence? Hopefully they will see this thread and realise that they may not be doing their reputation any favours, as reading this would surely put future customers off them?

mo786uk

I would echo above advice about writing in and hoping someone is nice enough to refund

But legally you have no recourse for a refund so I wouldn't let it eat you up nor expect to get the money back.