Personal Trainer refund.

gapster13

To cut to the chase, I signed up with a personal trainer for 30 sessions in November hoping to do one a week, managed to do only a few sessions due to illness and holidays but all 30 sessions were paid for in two instalments as agreed by personal trainer. I had three sessions and a fourth one was charged as I was ill and couldn’t make it, the three sessions were to work on a programme for me to do when I go on my own

Come to before Christmas my personal trainer told me she was leaving the gym and gave me the option of refund, over the phone personal training (!!!!!!) or doing some workouts in the park. I said I’d we could do park workouts, but only if they worked for her and myself as my time in the week is limited to just mon and tues sessions (I’m a nightshift worker) and she didn’t know where she was going to be based or her hours she agreed to this and said if it wasn’t working we could refund.

I contacted her on the 28th Dec asking when we could train next; she responded that day saying that she was away and would get back to me when she had her diary. Fair enough, so I waited, being respectful of her new job etc. and waited... I then contacted her on the 13th asking again when my session would be, again a delayed response and we worked out eventually that the 19th Jan would be okay for us to train and she would do Mondays or Tuesdays every two weeks.

Now on the morning of the 19th she said she would be delayed, it messed up my day a bit but I agreed, then later on she cancelled my session saying she was stuck in a training day. I then said that this isn’t working and can we just refund a couple of days later she agreed saying that I needed something more regular.

Now this is where the problem begins.I paid £780 for 30 sessions, this worked out to £26 a session, a discount because I paid upfront for them all. On my first session she said she'd make me a personalised programme to do on my own and 30 one hour sessions with her. I paid in two instalments and signed an agreement saying the date I would pay the first and the date I would pay the second and what would happen if I didn’t pay on time (fined £50) and we both signed to agree that I’d paid £780 for the 30 sessions. Both payments made on time, (I don’t have the agreement with me but will add it later if it helps)

To work out my refund I counted the number of sessions left for me 30-4 =26 so 780/30 x 26 =676. I messaged her and said that I need the routine workout and I should expect £676 returned and gave my account details. A few more days later she informed me that I would only be getting back £560 because the sessions I had were discounted and I would therefore be charged the full amount of £40 per hour and she would be charging me £60 for the programme as for sessions under 10 it is not included (even though I’d booked 30), but she reduced this from £75 for me :rotfl:.

This was the first I’d heard of being charged for the programme I hadn’t signed anything to say that there was a charge for this and I don’t remember her telling me that there would be a charge for this in my 30 sessions.

This really annoyed me as I paid to have 30 sessions in a gym that I have to pay to go to and her leaving meant that I wasn’t getting what I paid for, she insisted that I was still able to train with her and because I had cancelled that I would only be able to £560 back.

At this point I reminded her that on our very first session she didn’t turn up and claimed a family emergency and she said she’d give me an extra session to make up for it. I was happy to let it go, but this attempt to claw back money got my back up so I mentioned it and she said she would then give me back £600, but the way I see it I’m still out of pocket 780/30 x 27 = £702 I said to her I’m not happy about this and why would you sign up a client for 30 sessions of one a week when you are going to be leaving a few months and I will be contacting citizens advice, but I will accept her first payment back to me on 2/2/15 and expect the remainder on 2/3/15 once we have come to an agreement.

I emailed citizens advice and am awaiting a response, but wanted to see what others think. I hope this made some sense... Sorry I’m very angry and upset by this.

suicidebob

I think you should probably be happy with the £600.

You made a ridiculous decision to pay for 30 sessions upfront, so probably just cut your losses and be happy that you've had a lucky escape not losing the whole lot.

gapster13

why wouldn't I pay for 30 sessions upfront in a reputable gym, that isn't really the issue here

unholyangel

OP, the trainer is in breach of contract. Tell her she can either provide what was originally agreed (lessons in gym - which isnt possible i know) or allow you to end the contract without having being any worse off for having entered it.

Where a party breaches a contract, they are responsible for the losses incurred by the other party as a result of their breach.

She's effectively trying to make you liable for her breach. It goes against so many principles of unfair terms/trading.....I'll try and keep it simple.

10.1 A right for one party to alter the terms of the contract after it has been
agreed, regardless of the consent of the other party, is under strong
suspicion of unfairness. A contract can be considered balanced only if both
parties are bound by their obligations as agreed.

10.2 If a term could be used to force the consumer to accept increased costs or
penalties, new requirements, or reduced benefits, it is likely to be
considered unfair whether or not it is meant to be used in that way. A
variation clause can upset the legal balance of the contract even though it
was intended solely to facilitate minor adjustments, if its wording means it
could be used to impose more substantial changes. This applies to terms
giving the supplier the right to make corrections to contracts at its
discretion and without liability.

10.3 Such a term is more likely to be found fair if:
(a) it is narrowed in effect, so that it cannot be used to change the
balance of advantage under the contract – for example, allowing
variations to reflect changes in the law, to meet regulatory
requirements or to reflect new industry guidance and codes of
practice which are likely to raise standards of consumer protection
(b) it can be exercised only for reasons stated in the contract which are
clear and specific enough to ensure the power to vary cannot be
used at will to suit the interests of the supplier, or unexpectedly to
consumers (see paragraph 11.5)
(c) there is a duty on the supplier to give notice of any variation, and a
right for the consumer to cancel before being affected by it, without
penalty or otherwise being worse off for having entered the contract.

As you can see from above, given there have been quite substantial changes to what she is offering (in terms of services), she should give you the option of cancelling without being worse off for having entered the contract.

gapster13

Thank you unholyangel, would my next step be a letter before action? stating what we both agreed on and signed and then showing her the points you raised? Is this something I can email her or does it have to be posted or both?? Sorry i'm a bit new to all of this

To be honest even if she turned around and offered me the sessions at my gym I don't think i'd even want them as the trust has been broken and she is in a position of trust.

unholyangel

gapster13 wrote: »

Thank you unholyangel, would my next step be a letter before action? stating what we both agreed on and signed and then showing her the points you raised? Is this something I can email her or does it have to be posted or both?? Sorry i'm a bit new to all of this

To be honest even if she turned around and offered me the sessions at my gym I don't think i'd even want them as the trust has been broken and she is in a position of trust.

If she's been more or less fine until this £40 a lesson thing, I'd try informally mentioning it to her first - that you feel it is unfair to make you suffer a detriment due to her being unable to fulfil the contract terms as agreed.

If you've already tried and she isnt budging.....send a letter before action, title it as such (send it by post, not email - general consensus I think is to get proof of posting but dont send it recorded delivery so they cant sign it), keep to the bare minimum. You want it as direct as possible. Dont mince your words. Remember to give a deadline as well - make it reasonable though, personally I'd give 14 days. Something like "If I do not receive a satisfactory resolution within x days, I will have no choice but file proceedings against you - at which time I will also be claiming any reasonable losses I have incurred due to your breach" - because thats exactly what you're entitled to do when you're in a contract and the other party is in breach of that contract.

keyser666

gapster13 wrote: »

why wouldn't I pay for 30 sessions upfront in a reputable gym, that isn't really the issue here

Because it is clearly nothing to do with the reputable gym.

Suggest you take the £600 and not go for the LBA and possible MCOL, the fact she is a bit shoddy from what you say and also is now paying you back over two instalments when she clearly gets paid from her new job doesnt fill me with a lot of confidence that she will pay anything at all.

Altarf

gapster13 wrote: »

This really annoyed me as I paid to have 30 sessions in a gym that I have to pay to go to and her leaving meant that I wasn’t getting what I paid for, she insisted that I was still able to train with her and because I had cancelled that I would only be able to £560 back.

What did the written contract say?

You did get a written contract when paying £780 in a reputable gym didn't you.

gapster13

Just an update, as per unholyangels advice I contacted her again just giving her a heads up on the points that were shown to me, she said she was contacting her lawyer for legal advice. In less than 12hrs I had a full refund in my bank account.

:beer:

(and yes of course I got a contract)

unholyangel

gapster13 wrote: »

Just an update, as per unholyangels advice I contacted her again just giving her a heads up on the points that were shown to me, she said she was contacting her lawyer for legal advice. In less than 12hrs I had a full refund in my bank account.

:beer:

(and yes of course I got a contract)

Glad you got a satisfactory outcome and thanks for updating us, not everyone comes back to let us know how they got on!