Consumer rights: Physical Trainer

harbor

Thank you @pinkshoes

I see your point @Grumpy_chap

I am female too and that choice in greetings has been the norm in my relationship with the PT. She has referred to me as 'lovely' and 'gorge' (gorgeous) in several of our previous written and verbal conversations.  

So, I believe in this case, she does not refer to my behaviour but rather my persistence in asking for 'more from a service' as harassment. I'll quote her, 

I didn’t want it to come to this but I am going to ask you to please stop messaging and harassing me about it as it’s causing me much stress and anxiety. I have thoroughly been through everything you had on several occasions and know as a coach I went over and above to support you as best I could.

What’s becoming ‘unfair’ is your messaging wanting more from a service that at this point would be costing over double what was originally paid. I did not have control over the pandemic changing things and I have tried to be patient and supportive throughout this process. I went over and above on several occasions to offer help and your needs. 

I wasn't asking for 'more'. I was asking for clarification, because they didn't make sense to me.
I don't know what she means when she says 'thouroughly been through everything' either...

harbor

Also, thank you @Grumpy_chap

Grumpy_chap

harbor said:

I see your point @Grumpy_chap

I am female too and that choice in greetings has been the norm in my relationship with the PT. She has referred to me as 'lovely' and 'gorge' (gorgeous) in several of our previous written and verbal conversations.  

So, I believe in this case, she does not refer to my behaviour but rather my persistence in asking for 'more from a service' as harassment. I'll quote her, 

I didn’t want it to come to this but I am going to ask you to please stop messaging and harassing me about it as it’s causing me much stress and anxiety. I have thoroughly been through everything you had on several occasions and know as a coach I went over and above to support you as best I could.

What’s becoming ‘unfair’ is your messaging wanting more from a service that at this point would be costing over double what was originally paid. I did not have control over the pandemic changing things and I have tried to be patient and supportive throughout this process. I went over and above on several occasions to offer help and your needs. 

I wasn't asking for 'more'. I was asking for clarification, because they didn't make sense to me.
I don't know what she means when she says 'thouroughly been through everything' either...

I think it makes a big difference that both the OP and the PT are female as ladies do tend to refer to each other in more affectionate colloquial terms that two men would and, certainly, more so than would be appropriate between a male Client and female PT.  Given what is now confirmed, the choice of phrases such as "Hi Lovely..." and "Hey, Love..." is likely perfectly acceptable, particularly if reciprocated.

Hopefully, you'll understand that there are some men who would do a few sessions of PT and then think they have a body to worship to accompany their brains and wit and such a combination mean that "extra" services are inevitable.

Looking at the whole situation as shared here, with the OP having put their case and also now sharing some of the PT's side, I think this might be one to let drop.  It seems to be summarised in the main points:

• OP paid PT £600 for a course of training activities
• Original scope of the course was, perhaps, vague
• COVID forced adaptation of the scope delivered (no-one's fault)
• OP now feels that the "adapted scope" is of lower value than the original expectation
• PT feels that the total delivered exceeds the original expectation

It is clear that the OP has received some value from the output and demonstrating to small claims court that there is remaining value still to be pursued could be difficult.  I don't think the OP has said, from the original £600, how much £££ they feel would remain to be delivered and the amount that would be sought to recover through small claims if that route was followed.  With so many vagaries, it would be very hard to actually define a value that is owed by the PT to the OP and I suspect any such value would be small.  What sort of value would the OP have been thinking?

There is also the fact that the OP still goes to the gym where the PT works (at least OP has not said they left the gym), so there is merit in maintaining relationships - even if the OP cares little for the PT herself, the OP does not want all the other staff at the gym sending the OP to Coventry.

I think a bit of "time out" (as they say in NHL) and some kind of friendly gesture towards the PT (perhaps a coffee?) to mutually apologise, get this whole episode behind you both.  Sometimes, feeling as though you are in the right is also very lonely.   Only the OP can say whether this is a fair comment based on the thread, or if there truly is more that makes doing something more worthwhile.

I'm going back to focus on getting my beach body after my role model:

harbor

hahaha your role model doesn't look too happy though @Grumpy_chap  

Thank you so much again for your time
I concur with your initial concerns on my tone. Had I been a member of the opposite sex, that was a pandora's box just waiting to be opened... 

About my motivation right now... I would have settled, but she's bullying me into accepting something I did not want, charging me for what I did not receive, modifying her charges for what I did receive (without consulting me), then accusing me of harassment for asking questions. 
So, based on her new pricing, I owe her £348. 

I am still deliberating about small claims, but as of now, I want to send her a message (with notice) so she realises one can't just get escape by sending condescending emails...

--------
If you want to fall deeper into the rabbithole, keep reading ... 

In the email, she says her calls are £50 and in-person meeting, £100. By that standard, the £200 I paid her initially for a month, were for phone calls then? What about the other services she was supposed to have provided if Covid never happened? 
But ... but... I am happy to pay what she's asking, for April and May 2020 even though she writes in the email that I discontinued after 6 weeks; Honestly, the number of times she contradicts herself, and that too, in writing, is almost hilarious.
£200 for April, May 2020 then, per below.

Covid at Home: £50 per month
Calls during covid: £50 per call (60mins)

Two 1-1 in person meetings. Why didn't she tell me the different in charges before she met me? And I went to her gym to meet her, at no extra cost to her. I will only pay her £100 for the meetings.
I used her app for 4 weeks and I have whatsapp proof for this. I'll pay her for 8 weeks, £48

1-1 in person: £100 60mins
App Access 12 weeks: £72

I did not receive a supplement pack from her, so she changed the £250 to a setup fee(!!!!) in the email. I don't know what 1 month coaching she is referring to. I asked her, she did not give me an answer.

Supplement pack: £230 
1 month coaching Online: £150

In the email, she preaches about how she went above and beyond what was needed. And then she writes,

If a client disappears and does not remain in communication this time is lost - it is not held to be reinstated at a later date.

So, which is it? Is she charging me for her services or the time that I lost?
I discontinued the plan because I was just waiting for gyms to get back to normal. Unfortunately, when gyms did open, some other things in my life had changed. First, I was away from the country and then I had to move. 

I should have just asked for a refund when Covid hit, but I didn't think it was right to do it.

harbor

At this stage, I am feeling really guilty putting you guys through all of that   

Like @Grumpy_chap suggested, I might take a breather and see how I feel on the other side of a few days... 

harbor

Update: I sent her a short message pointing some of the contradicting points in her email and how I was seeking legal guidance... received a reply immediately with an offer of 300 refund as a gesture of good faith

pinkshoes

harbor said:

Update: I sent her a short message pointing some of the contradicting points in her email and how I was seeking legal guidance... received a reply immediately with an offer of 300 refund as a gesture of good faith

Excellent result. Her case would have been weak if it went to court as she clearly had not provided what was initially agreed so she clearly realised she had to give a partial refund.

Has she transferred the money yet??

harbor

Thanks @pinkshoes  

She's waiting on me to confirm. I had intended to ask for less, so I'll calculate again what she owes me. Don't want her paying me anymore than she should. 

But she was keen for me to receive it 'within 3 days' and also apologised for her choice of words ('harassment')     

I believe we had a good relationship as a client and coach. I believe this can be solved amicably between us

Grumpy_chap

harbor said:

Thanks @pinkshoes  

She's waiting on me to confirm. I had intended to ask for less, so I'll calculate again what she owes me. Don't want her paying me anymore than she should. 

Really!  Don't overcomplicate things.  Just graciously accept the refund, get it all over and done with, everyone can move on with life.

harbor

Fair advice again, @Grumpy_chap

Mucho thanks!