Seeking advice regarding claiming money back from personal trainer

cazs

Good afternoon,
Hope I can get some advice please.

I took 12 lessons with a personal trainer who works on a self-employed basis with Gym Group. I do not have any signed paperwork with the PT as I'm sure I'll be asked that.

We have done 4 of 12 sessions for which I paid a total of £300 (£25/session).

He has been constantly cancelling /not turning up and most recently went completely out of contact and I had to track him down in the gym. Turns out he'd been training someone else in two of my early morning weekday slots. He promised to attend this morning's session (supposed to be 3 sessions a week) but cancelled. Last Sunday he just didn't turn up, no warning given.

Long story short he is taking the mick and I want a refund of the remaining 8 sessions so £200. I've already texted him to say as much but want to formalise it as I get the impression I've going to have a battle on my hands to get the refund.

I want to start with an email today saying you've effectively terminated our contract, give me the money back within 3 working days.

Is this a suitable way to start? Where do I go from there in terms of escalation? The gym doesn't employ him so I know I can't get the money back from them.

unholyangel

I know you said hes self employed, but who did you enter the contract with for the sessions and who did you pay?

You can send him a letter before action but 3 working days is an unreasonably short deadline. Typically a letter before action would dictate a minimum of 14 days for simple matters and up to 3 months for complex claims.

However you could always email him saying that if he refunds you within say a week, you'll forego any potential claim you have to damages save for the pro rata refund.

cazs

I paid him directly for the sessions and am in the contract with him (though no paperwork). I don't think there usually is, it's based on trust - you pay the money, they give you X hours of their time.

This email would not be the official letter before action, more of a first step email to formalise the text msg I sent this AM.

lincroft1710

How did you pay?

cazs

bank transfer to his personal account

lincroft1710

Better than cash, but not as good as debit or credit card

cazs

I didn't know that you could pay a person with credit/debit card.

lincroft1710

Sole traders often have facilities for card payment

marliepanda

cazs wrote: »

I didn't know that you could pay a person with credit/debit card.

PayPal is an easy way for them to do this.