Advice needed on some Terms & Conditions

Jasbains

Hi
I need some advice please on a company's Terms & Conditions.   I signed into a phone agreement with a diet programme.   I looked up the details on his Facebook and read the reviews etc.     He approach me and rang me and sold the plan based on changing my food and behaviour habits, told me to write down a 4 part actin plan that they will deliver.  I went through my history with the yo-yo dieting and my depression with food and that i even had a lap band fitted many years ago  I have 2 stone to lose.  He asked for £2,200 over the phone for this plan and how much 'I deserved to invest in myself'.  I went ahead and paid this amount.    They he asked me join this Facebook group, download their app and do a food audit.   He would come back to me on individual plan.    Then he sent the terms and conditions via docusign.    This mentioned 'When you sign up to this programme, you commit to a minimum of three months.  You also commit to pay £2,200  for the programme.   Under consumer legislation, the programme is made up of good and services.   The service is the coaching provided by the team at XXXX.  The goods is the digital context provided to you, which is personalised to you, based on your individual requirements.  There are no early terminations or refunds permitted in respect of the goods provided under these terms and conditions.  This is to enable the protection of the business and to continue to allow us to offer flexibility to people who might be dealing with financial hardship.   However there is an exception to this.  If you do not achieve results, but have completed all weekly check-ins during the course of the programme, we will refund you the full £2,200.    This does not affect your statutory rights as a consumer (which is to repair or replacement if requested within 30 days of  purchase)'

 So in short, as did the 12 week programme, did the weekly check-ins, and lost no weight.  I approached my coach, he admitted he had failed me (problems with the lap band and quality of food in the plan) and that i was entitled to a refund.    However, the owner said no.  He said they had provided and good and services regardless and i was not entitled to a refund.    He said there was no cooling down period on this term and conditions.   I said i had carried out the check-ins, lost no weight and therefore accordingly to his terms and conditions was allowed a refund.   

Can i have some advice please to see if my understanding is correct.     There is no cooling down period, no early terminations or refunds allowed until you do the 12 weeks.     Did i just get scammed?

Thank you
 

MattMattMattUK

Jasbains said:

Hi
I need some advice please on a company's Terms & Conditions.   I signed into a phone agreement with a diet programme.   I looked up the details on his Facebook and read the reviews etc.     He approach me and rang me and sold the plan based on changing my food and behaviour habits, told me to write down a 4 part actin plan that they will deliver.  I went through my history with the yo-yo dieting and my depression with food and that i even had a lap band fitted many years ago  I have 2 stone to lose.  He asked for £2,200 over the phone for this plan and how much 'I deserved to invest in myself'.  I went ahead and paid this amount.    They he asked me join this Facebook group, download their app and do a food audit.   He would come back to me on individual plan.    Then he sent the terms and conditions via docusign.    This mentioned 'When you sign up to this programme, you commit to a minimum of three months.  You also commit to pay £2,200  for the programme.   Under consumer legislation, the programme is made up of good and services.   The service is the coaching provided by the team at XXXX.  The goods is the digital context provided to you, which is personalised to you, based on your individual requirements.  There are no early terminations or refunds permitted in respect of the goods provided under these terms and conditions.  This is to enable the protection of the business and to continue to allow us to offer flexibility to people who might be dealing with financial hardship.   However there is an exception to this.  If you do not achieve results, but have completed all weekly check-ins during the course of the programme, we will refund you the full £2,200.    This does not affect your statutory rights as a consumer (which is to repair or replacement if requested within 30 days of  purchase)'

 So in short, as did the 12 week programme, did the weekly check-ins, and lost no weight.  I approached my coach, he admitted he had failed me (problems with the lap band and quality of food in the plan) and that i was entitled to a refund.    However, the owner said no.  He said they had provided and good and services regardless and i was not entitled to a refund.    He said there was no cooling down period on this term and conditions.   I said i had carried out the check-ins, lost no weight and therefore accordingly to his terms and conditions was allowed a refund.   

Can i have some advice please to see if my understanding is correct.     There is no cooling down period, no early terminations or refunds allowed until you do the 12 weeks.     Did i just get scammed?

Thank you

Almost certainly yes.
How did you pay? 
How did they specify "results", was this specifically in weight lost, or was the result just that they delivered the plan? Did you comply with the diet and exercise regimen they set out? Did they supply the meals etc.?

Jasbains

Hi
Thank you for the kind response. 

I paid by credit card (have also contacted the credit card company under S75 and waiting for them to contact me for information and evidence.  I did this under 'misrepresentation').

There was no specification on 'results'.  On the weekly check in, i did say my goal was to lose weight.  Alex, the owner said on the phone that they 'delivered' the plan, service in the coaching, and goods in the digital format (a food plan and exercises). 

They supplied no food, only a food plan.      

I kept to the plan because i had paid a lot of money for this and i wanted it to work.     I have evidence to show that i listened to their videos, every week i did the online check ins and i would say my goal was to lose weight, and that i could not eat the portion sizes.

On the initial food audit i said i have problems with the food type and quantity due to the lap band.   When they did the food plan, and weeks went by, i would often mention to the coach i had problems with the quantity of the food, often being sick etc.    There was no way i cold eat a full meal.   Alex said they had supported me on this be giving me the following advice 'eat smaller portions'.   But i questioned this as they did not adjust the eating plan accordingly to my needs and the initial food audit.  

I did not lost weight because i could not meet their food plan and was not able to physically able to eat the correct quantity to lose weight.  This was raised many times to the coach, i have evidence of this as well.   Because of this the coach said agreed they they failed me and that 5% of people do fail the plan.     

Alex also will not give me an email or telephone number to send the initial letter of a refund request.   He said his lawyers will be in touch with me.   
J

davidmcn

Jasbains said:

Alex also will not give me an email or telephone number to send the initial letter of a refund request.

So what contact details do you have for the company? Are they actually a company? i.e. with "limited" at the end of the name, a registered office, etc?

Jasbains

They are on Facebook, and company's house where i have got the registered address.   But on Facebook, the only email address is the 'hello@XXXX' email address,  It is a legit company and he is a sports dietitian.  But he gave no direct contact number or email which i thought was strange. and i found no complaints procedure to follow 

born_again

Jasbains said:I did not lost weight because i could not meet their food plan and was not able to physically able to eat the correct quantity to lose weight.  This was raised many times to the coach, 

J

So to confirm.
Were you eating more or less than the "Correct Quantity"
Going to make a big difference.

davidmcn

Jasbains said:

They are on Facebook, and company's house where i have got the registered address.   But on Facebook, the only email address is the 'hello@XXXX' email address,  It is a legit company and he is a sports dietitian.  But he gave no direct contact number or email which i thought was strange. and i found no complaints procedure to follow 

There's no general requirement for businesses to have a "complaints procedure", or a contact email address or phone number. If you want to send anything formal to them, write to the registered office.

Jasbains

hi
Yes i ate more or less what was given on the plan 

Manxman_in_exile

born_again said:

Jasbains said:I did not lost weight because i could not meet their food plan and was not able to physically able to eat the correct quantity to lose weight.  This was raised many times to the coach, 

J

So to confirm.
Were you eating more or less than the "Correct Quantity"
Going to make a big difference.

That's the key question.  I read it that the OP could not physically eat as much as the plan said they should because of the restrictive effect of the gastric(?) band.  Can't see how eating less than they should would be a problem - except perhaps to demonstrate the eating plan was defective from the outset.

Jasbains

davidmcn said:

Jasbains said:

Alex also will not give me an email or telephone number to send the initial letter of a refund request.

So what contact details do you have for the company? Are they actually a company? i.e. with "limited" at the end of the name, a registered office, etc?

They are on Facebook, and company's house where i have got the registered address.   But on Facebook, the only email address is the 'hello@XXXX' email address,  It is a legit company and he is a sports dietitian.  But he gave no direct contact number or email which i thought was strange. and i found no complaints procedure to follow 

JJ_Egan

Often the way with these Facebook advertisers  .