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Advise regarding misleading promises


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I wonder if I can get some input regarding a situation I am currently dealing with.

 

At the end of December, I sought out a performance coach for assistance and treatment of social anxiety. I had three paid sessions with the practitioner and they were amazing. The fourth session, it wasn't so much a therapy session but more of a sales session whereby we only discussed the possibility of embarking on a full program.

 

During this sales session, the practitioner presented a contract detailing the particulars of the program and there were three separate mentions of guaranteed outcomes as part of the program. The cost £3730. This essentially consists of one 11 hour session and 3 one hour followup session concluding in April.

 

Long story short, I only have 2 one hour sessions remaining on the program and I have seen no resolution to my anxiety. In fact, i am worse off because i now have credit card debts and I was also involved in a car accident on the morning of the main session after the practitioner advised to me to move my car to another parking centre.

 

I have spoken briefly with CAB who have advised the following:

 

Criminal Offence:

The trader’s actions could be considered a criminal offence under the Consumer Protection from Unfair Trading Regulations 2008.

 

Your rights and obligations:

On 01/10/2014 amendments were made to the Consumer Protection Regulations. These regulations now state that if a consumer is subject to an aggressive or misleading practice by a trader, they could have the right to ‘unwind’ the contract for a full refund.

 

Under this guidance, I have decided to pursue a claim against the practitioner and I wonder if someone can clarify a few points I have outstanding.

 

1. Because I have retained a printed contract which outlines the structure of the program and the guaranteed results, I wonder if I am in a good position to pursue a full and complete refund of the program costs and the sales session, or if I would be more likely to win if I pursue a partial refund excluding the session times.

 

2. Should I mention the car accident as part of my claim as I would not have been in this position had I not been attending the session.

 

3. Do I need to prove the guaranteed results have not been obtained? If so, how is this possible where psychological concerns are involved?

 

4. Finally, what action should I take if the practitioner refuses to accept my claim? Can I make a chargeback on my credit card?

 

I have written a mock letter, but just need to know what the likelihood is of claiming compensation in this respect.

 

Thanks in advance.

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Please would you post up the contract before we can advise you.

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Can this thread be removed? I have come to my senses and decided not to pursue a refund after all.

 

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

 

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