Personal Trainer - refund for unused sessions

[L1bel]

Hello all

 

Firstly, apologises if this post is in the wrong section. I am having a dispute with a personal trainer and this seemed to be the most approriate group unless I missed something.

 

The facts are as follows:

 

1. I found a personal trainer over the web and arranged for personal training sessions at my home in the mornings. At first, the trainer seemed decent and reliable so I signed up for a 10 session pack.

 

2. The ten sessions came and went. At times the trainer was unreliable but he was flexible with me too (for example when I had to cancel at short notice due to work committments). He then offered me a 30 session pack which I agreed to pay for in October 2009.

 

3. Before we started any of the sessions from the 30 session pack, I asked the trainer if we could postpone the sessions til Mid-January 2010. This was because I was starting a large project at work and had very erratic work hours. I also knews that I would have a 6 month period from Jan 2010 where my work would be more stable so I wanted to make the most of that window of opportunity. The trainer agreed with all this and said he would pencil me in to begin the sessions in mid-January 2010.

 

4. In early January, I contacted the trainer to firm up the dates for the training to commence. He informed me that he was very busy and could not fit me in until early Feb. I was dissapointed as this delay was eating into my 6 month window of opportunity but I had no choice but to wait.

 

5. When Feb came, I tried to fix the sessions but was told that the trainer's granddad had passed away and he was dealing with arrangements. At the time, I totally understood this (now I have reason to believe this was a fabrication). After a week, I asked the trainer for a rough indication of when he might return to work. The trainer said he wasn't sure and would let me know.

 

6. After another week, I asked for an indication of when he would be working again but was again told "I don't know".

 

7. Since I was now 2 months into my 6 month window of opportunity, I emailed the trainer to tell him that since he was not sure when he might return to work, I would have to find another trainer. Since the 30 session pack had not been used, I politely asked for a refund. At that point the trainer became very aggressive and refused a refund.

 

For the last 6 weeks, I have been chasing the trainer for a refund but have been given the proverbial run-around. He claims not to be able to act without the consent of his "business manager" although he refuses to explain what interest his business manager has in this matter. The contract was between us two individuals so I do not think the business managar has any right to reject a refund.

 

Anyway, I now fear that I have no choice but to initiate a claim under the small claims court procedure. Given the amoutns involved, I cannot justify the expense of a solicitor.

 

My question is this - do you think I have a legitimate claim?!

 

Thanks all

[L1bel]

Anyone??

[ashmk]

Assuming you can prove you entered into an agreement I would write a polite but stern letter giving a resonable amount of time, say 14 days, to issue a full refund before you issue a claim in the small claims court. Send the letter recorded delivery and keep a copy for your files.

Small claims can be done online, very simple to do and do not need a solicitor.

[L1bel]

Thanks, Ash. I believe that the existence of an agreement can be proved by our email correspondence. I have also been in polite and civil email correspondence with the trainer (and his business manager) for the last 6 weeks but am running out of patience.

 

Unfortnately, I do not know his home address. Asking him directly for it will probbaly be met with silence, in which case I will have to employ a trace agent to try and locate him to serve any formal documents on him. hopefully, I will be able to claim such costs back in the claim but I am not certain.