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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70107
Experience:  Over 5 years in practice
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I made a very expensive purchase online coaching program

Customer Question

I made a very expensive purchase online for a coaching program (8000 quid)with one of the U.K's leading fitness business coaches. After tree weeks of the online program, which is not personal coaching, its more like a product, I asked for a refund. I was within the 30 day period where it stated on his website that he will return "no questions asked".
I sked for a refund, he said no, and then even went to change the refund info on the website. Lucky i have a screenshot of the original text on his site.
Do I have a legal right to a refund?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Are they UK based?
Customer: replied 2 years ago.

yes, he is based in Bath, the company is registered here too.

Expert:  Jo C. replied 2 years ago.
Were there any caveats to the offer to refund?
Customer: replied 2 years ago.

Not that i am aware, the sale was done on the phone, by an assistant of his, a very hard sell. the guys name is ***** *****

Expert:  Jo C. replied 2 years ago.
But are there any in the screenshot?
Customer: replied 2 years ago.

no, in the screen shot that i took it said that "unconditional, no questions asked, if you are unsatisfied in 30 days you can have your money back"

since i took the screenshot yesterday morning, it has been changed.

Expert:  Jo C. replied 2 years ago.
Yes, whatever he has changed the website to read matters not. The issue is what offer was made to you and you can evidence that.
If the offer genuinely was unconditional then you are entitled to a full refund.
It is surprising that no caveats exist at all especially if the training has begun but if that is how he drafted the offer then that is down to him.
If he refuses to refund though then your only option is to sue. It cannot otherwise be enforced. It does fall just within the small claims court arena so it would be cheap and quick to issue and at least he is in the Uk so can be sued.
You should really send him a formal letter before action though before issuing against him to protect yourself from costs.
On these facts you would win.
Can I clarify anything for you?
Customer: replied 2 years ago.

there was no agreement sent though, not that I was made aware of, no terms and conditions were sent to me.His assistant made the pitch on the phone, hard sell, and I paid. when the info arrived, after watching the videos I didn't find them useful and wanted a refund. I checked the website and found the money back promise, which has since been changed. who needs to send the formal latter, a lawyer?

Expert:  Jo C. replied 2 years ago.
Was a no quibble refund offered over the phone?
Customer: replied 2 years ago.

no, it wasn't discussed. i have received no paperwork about the transaction. just pushed into a sale, was promised all sorts. but when i realised i already knew the info and I'm getting no value i looked at the website and found the return policy.

Expert:  Jo C. replied 2 years ago.
That is a problem I'm afraid.
They would probably argue this wasn't a term of the contract and you seem to accept it wasn't.
Then you would have to drop down upon misrepresentation and argue it wasn't as described but it is not as strong as a no quibble guarantee.
Customer: replied 2 years ago.

thanks, ***** ***** of lawyer do i need to write to this man? and where can i find one?

Expert:  Jo C. replied 2 years ago.
Any high street firm can do that. They will probably charge £100 plus VAT.
Or you could use a barrister under public access who would probably do it for £50 plus VAT

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