What are my consumer rights with a personal service?

Gabbriella

Hi,

So a while ago I purchased 6 sessions of personal training sessions, I paid upfront with cash (I've learnt my lesson!). I had my first 3 sessions, then on the 4th session he didn't show! I waited and waited, and later sent him a message. No apology. The quality of the sessions were poor, he spent most of his time on his mobile towards the 3rd session.

I had sent him a few e-mails to send me a receipt, however with no reply or acknowledgment. He became very difficult to get hold of, I then decided that due to his poor level of service I wanted a refund of the remaining 3 sessions £90. I couldn't get hold of him. So I pursued with DW gyms and the associated personal training agency. However they did nothing, very very poor nor did they keep me informed of what they would be doing.

I had bumped in to him recently, gave him my peace of mind and told him we were to go to a cash machine to reimburse my money. He advised that he would get the money and meet me later that day, which he didn't turn up to and again ignored all my calls.

I really want justice and my money back! Do I have any consumer rights? It feels like it is alot more difficult if he didn't give me a receipt?? Is it worth taking to the small claims court?

Thank you so so much

unholyangel

Have you put your complaint in writing and given him a chance to rectify it/offer a remedy?

You really should do that first before insisting on a refund. It would strengthen your position.

The only time outright cancellation is usually "reasonable" is where there has been a breach so fundamental and severe, it threatens the value of the whole contract itself. Such as if he were putting your life at risk.

What exactly did you agree with him? X per lesson or x in total for a block of x lessons? Did you agree the dates for the lessons at the time of booking or was it a "as and when required" basis?

Whats the timeline for all of this? When did you enter into an agreement, when did you receive your first 3 lessons, when did he fail to show, on what dates did you contact which person/company?