Personal Trainer Refusing To Refund Money For Unused Sessions

schnide

Hi All,

A quick question which has been causing stress for a week.

The boyfriend of a colleague is a personal trainer, and she posted an offer he was running several weeks ago - individual sessions for a certain price, or ten for a bulk purchase at a reduced rate to be used within ten weeks.

I transferred the money into his bank account for the bulk sessions, and used one. Since then I've been following his programme in the gym myself but have realised I don't need the remainder (or certainly that many). There is also the issue that he's slow to reply to emails and so difficult to book the desired sessions when he has them available, making it impractical.

I've explained this to him, who's been friendly if now suddenly even harder to contact, and asked him courteously to refund the money - minus the cost of the one session at the individual (rather than reduced bulk) rate. I've also suggested a £10 admin charge for his trouble.

Unfortunately he is refusing to entertain the possibility of refunding the money, which is a sizeable amount.

No written contract was signed and I appreciate that I may not have much of a legal grounding because it was a private bank transfer from one individual to another.

I am completely in danger of having my money withheld with no legal recourse? I can of course warn others against using him, but these are lengths I'd rather not go to - I want my money back, and have emphasised I want to keep good relations with him, but he's basically just keeping my money.

With thanks in advance,

schnide

ILW

You agreed a contract and paid up front. Do the honourable thing and stick to your word.

schnide

ILW wrote: »

You agreed a contract and paid up front. Do the honourable thing and stick to your word.

Do you think it's more honourable that he's keeping a large amount of my money in advance and expecting me to train with him for nine more hours after this situation is turning unpleasant?

To be clear, I also paid him separately for a nutritional and exercise plan, which runs between us for another six weeks. I've been very happy with that, but as the weeks have gone on it's become clear that the ten workout sessions won't be necessary.

Much as I disagree with it, I appreciate your view but would like to know if I have any legal recourse either from you or anyone else.

Valli

You agreed to book the trainer for ten sessions; then, after one session, decided to cancel.

You have no contract; you've paid by bank transfer. The situation is turning unpleasant because you have now decided not to use the sessions and you've asked for your money back!

It's your word against his. You might as well book (and use) the sessions.

arcon5

As post #2, you entered in to a contract for him to supply his services to you. here is no statutory right to cancel this as you are cancelling due to no fault of his.

You can of course breach the contract, but that poses further issues. Whether he could fill your spot with a new client, thus mitigating his losses. And whether it would be unreasonable for him to reject your cancellation (amounting to anticipatory breach of contract)... in this case you have purchased a block booking which has started and must be used within 10 weeks, so in my opinion the notice is so short that it would be unreasonable for you to cancel and as such could also be liable for his loss of profits. However, only a court could decide how the test of reasonableness is applied.

The situation has turned unpleasant because of your demands, not because he has in any way made it unpleasant.

If his communication is so poor that it is made impossible to actually make appointments then this could be grounds to terminate the contract. However, you would need to be able to demonstrate your attempts, and frankly emails are just not that suitable for making bookings as he will not be at a computer all day.

Phone him to book.

I would also recommend continuing with the service as any enforcement action would not be straight forward and you could in fact come out worse.

unholyangel

schnide wrote: »

Do you think it's more honourable that he's keeping a large amount of my money in advance and expecting me to train with him for nine more hours after this situation is turning unpleasant?

To be clear, I also paid him separately for a nutritional and exercise plan, which runs between us for another six weeks. I've been very happy with that, but as the weeks have gone on it's become clear that the ten workout sessions won't be necessary.

Much as I disagree with it, I appreciate your view but would like to know if I have any legal recourse either from you or anyone else.

Theres no entitlement to a loss he can recoup reasonably by (for example) finding another customer. That is if you breach the contract. But that doesnt necessarily mean you'd get all your money back as he would be entitled to retain the losses he incurred reasonably due to your breach.

If he is in breach then it may be seen as grounds for cancellation. However before going down this road, you would need to write to him and inform him of his breach to give him a chance to rectify it.

Did he specifically tell you that you needed 10? Or did you just sign up to 10 thinking that would cover your needs? Do you have anything in writing (even email) from him at all discussing what services were being offered, on what basis etc?

Where no date has been set for goods/services to be delivered, the only stipulation is usually that it is done within a "reasonable" time. What is reasonable will of course depend on the circumstances in question. (i've included this paragraph as you said its near impossible to get booked with him).

Did you pay for the diet plan separately?

ValHaller

schnide wrote: »

.... Much as I disagree with it, I appreciate your view but would like to know if I have any legal recourse either from you or anyone else.

ILW is correct and you have no recourse.

If you persevered with booking the sessions and the guy could not provide them within the 10 weeks and if he would not provide the remainder after the 10 weeks, then you might have recourse. But even then it depends on you having reasonable availability.

unholyangel

Valli wrote: »

You agreed to book the trainer for ten sessions; then, after one session, decided to cancel.

You have no contract; you've paid by bank transfer. The situation is turning unpleasant because you have now decided not to use the sessions and you've asked for your money back!

It's your word against his. You might as well book (and use) the sessions.

There is a contract, its just not necessarily a written one

schnide

Thanks to all of your for your input. Fortunately I've just had the full amount, minus one session (at individual session cost) returned to me, and I appreciate that legally at least, that was quite lucky.

Valli

unholyangel wrote: »

There is a contract, its just not necessarily a written one

Sorry - was typing in a hurry and I should have said WRITTEN contract; as it's verbal it will of course come down to 'he said; she said'; moreover the bank transfer is no proof of a contract - had OP been handed a receipt which stated what the payment was for it might have helped.

Anyway; it appears it's moot now.

arcon5

schnide wrote: »

Thanks to all of your for your input. Fortunately I've just had the full amount, minus one session (at individual session cost) returned to me, and I appreciate that legally at least, that was quite lucky.

Very good outcome.