Hello All,

I signed up with a GYM and within the gym also signed up with a personal trainer.

I signed up for 20 sessions for 500£ and over the course of time, I used them all.

During this time, I made friends with the personal trainer and he asked if I would like to sign up for another 20 and I was happy to.

He asked if I could pay him cash as that would save him money and I did.

For the first payment that I made in his bank account, I had received a acknowledgement on email but not for the second cash payment. There was no written agreement signed or emailed in either case.

When I signed up, I mentioned to him and I might be changing house and in that case, would like to cancel mid way if I move too far and he said, Yes we can work out and he will refund me the money for unused sessions.

After this, I got busy with work and travel and was off training for 2 months.

I also suffered a ligament injury and a wrist injury.

I consulted the GP who were not very helpful and just advised rest.

I did another session with the PT and he said we can work around the injury but after the session, I felt pain.

I saw a private physio who has advised against any heavy workouts and only Yoga for now for basic stretches for atleast 3 months which is recovery period.

I requested my PT for cancellation of this arrangement and refund and he flatly refused saying these are no refund sessions and he offered 5 extra sessions which I cannot take.

Please guide how to action further,

I asked my physio as well and he said it is common curtsy for PT to return for unused sessions and in this scenario I am unable to use the sessions for an unknown period of time due to injury.

I haven't moved house yet but I am moving in next 10 days

All my exchanges with PT have been on text messages so far and I told him that I am not happy but I will not go to social media as it will be bad for his business and also told him he has never mentioned to me conditions of these sessions in writting or orally and his website also doesnt mention them.

Since then he has taken his website also down.

I am going to loose 500£ over 1 session which I have taken so far

Thanks in advance.

OK, first things first STOP discussing this via text or phone, you need a paper trail of evidence.

If you've still got his text messages, then download them and transcribe them onto paper.

Is he employed by the gym, or is he an independent PT?

How did you pay for these PT sessions?

Debit or credit card? Or cash??

You need to write to him, and state that after advice from your Dr, you are unable to continue with these PT sessions, and that you require a refund, state by which date you expect the refund to be paid, failing which you will seek legal advice with a view of taking legal action, which will include costs, to recover the money you are owed.

His downfall is that he didn't have a contract in place, and your downfall is that you didn't have a contract in place.....so a little like, he said she said scenario.

Do you have proof that you paid him? Bank statement?

Send him a letter first, (ensure you get ''proof of posting'' as a minimum, recorded delivery will be better) If you get no response then you send him a ''letter before action'' giving him a further 14 days in which to repay you OR come to an arrangement to repay you, failing which you will start legal proceedings via the small claims court to get your money back.

And if he is employed by the gym, and not an independent PT, then they need to know as your claim will be against them, and he gets the sack.

Hi MS,

Is this the same case that you discussed on an earlier thread ? See this link - http://www.consumeractiongroup.co.uk/forum/showthread.php?477743-Post-Injury-GYMFLEX-and-BMF-refusing-to-cancel-membership&p=5027549&viewfull=1#post5027549

Please let us know about this.

Dealing only with this thread here, when you agreed to pay for further PT sessions, have you paid the PT the full £500 in one go or were you due to pay him in cash for each session when you attended.

I assume you signed no documents about the PT sessions but please confirm.

Thanks for the detailed advise. Please see responses below

1. I'll stop the Phone/SMS contact and download all test messages to a letterpad as advised.

2. He is an independent PT but also works at the GYM. His work at GYM is the GYM Trainer and offers PT sessions independently but he has an arrangement with the GYM that his clients don't need to have GYM membership separately and they are covered under his insurance itself when they work out at the GYM under his guidance for the duration of a PT session.

3. For first set of 20 classes I paid via Account transfer but those 20 classes I have already availed. for next 20 classes, I paid via CASH and there is evidence on my Bank statement of cash withdrawls of 250 pounds each over 2 days and a text message to him that I paid him in cash which he didnt respond to.

4. I will write to him as advised. stating Dr advise, ask for refund and around legal advise and legal action and costs via recorded delivery

Will keep you updated on what happens after to see if letter before action is required.

Thanks

Sunny

Hi Slick132

Its different as you would have imagined. I had BMF gym membership via work and this personal trainer. Albeit I wanted to conquer the world Didnt work out very well

I have paid full 500£ and there is no signed documents about PT sessions or their terms.

Thanks

Sunny

Hi MS,

Draft a brief letter to the PT seeking refund of fees pro-rata for the sessions you can't use. Put it here first so I can check it before it's sent.

"He asked if I could pay him cash as that would save him money and I did."

Surely he isn't avoiding HMRC is he?

Surely he isn't avoiding HMRC is he?

He may well be yes, but you want your money back?

Concentrate on getting that first, then report him to HMRC if you wish.

Note to BBoo,

Mascot is the thread's OP and Disgruntled was just commenting on the thread.

We're waiting for Mascot to post a draft letter to the PT.

Oopsie, my bad! I blame the wine....

Oopsie, my bad! I blame the wine....

Party on, Garth!

I merely mentioned the HMRC as the OP stated the trainer asked for cash as it would save him money... smells very much like an avoidance... To this end, I wonder if it gives the OP a little bit of leverage...