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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I started an exercise course with a company who offered 100%

Customer Question

I started an exercise course with a company who offered 100% money back guarantee if after completion of the 12 week course I wasn't happy. I started the course in which we had to work out with their personal trainer (there were three of us on this course) three times a week and follow their meal plan. Firstly their meal plan included red meat which I'd asked not to eat so they gave me a new meal plan. However they were making me eat 1600-1800 calories a day and at 5'4" I felt this was too much. They also said drink 3 litres of water a day. I was struggling and told them so during the first 5 weeks and they said persevere, so I did, but when we came to have our measurements taken after 5 weeks, sure enough I hadn't dropped even a pound. According to our contract as long as I followed their plan, was positive and committed, they would honour the money back guarantee, but I was disappointed I hadn't last any weight and expressed this at the measuring session. However the measuring session wasn't done as a 1-2-1 and wasn't private or with a female present. It was me, the lead trainer J (male) and in the room at the same time was someone else who J was trying to train in a work out at the same time as I was being measured. I felt uncomfortable that there were no females but me, that there was a stranger in the room too so I wasn't getting undivided attention, plus I was asked to take my top off, which it refused. I expressed disatisfaction regarding my lack of weight out so far, but J ignored me. I contacted him via email later and he said we should have a call on the Monday. I was quite offended that he didn't suggest this himself and that he was so unprofessional and unsympathetic. When he talked on the phone on the Monday we discussed the meal plan and he was reluctant to change it, but I said I usually only ate around 1500 calories a day and thought I was eating too much in his meal plan. He then complained to me that I expressed my disatisfaction about the course in front of the stranger and literally told me off for doing so. I was really bemused and a bit cross so I said that it was a client too and that he shouldn't have been attempting to train someone she he was allegedly supposed to be taking me measurements and thus I would have had as pirate space in which to discuss my concerns with him. I said that if he continued to talk to me like that then we should part company but he backed down and we agreed that we should change my meal plan, which I was happy with eventually.
I continued on the course happier that the meal plan had been amended,to for two sessions. I was happier but still upset that he didn't apologise for the way he spoke to me, like I was worked for him or something. So I wrote to him via email and said that while i was happy now with the course I was still unhappy with the way he treated me, and wanted to discuss this again. I said I was happy to continue the ourse but would like to discuss a few other things with him. He suggested I meet his business's and personal partner A after the session in Saturday (the third session of the week) which I agreed to do. They asked what I wanted to discuss, and I said that I was a bit unhappy with a few things but inter alia would like to discuss the possibility of a refund for those first 5 weeks where I was on so many calories. My intention was also to give some feedback for example, their meal plan recipies are using US measurements and we are in the uk, so he asks you to buy a us cups measuring system; I was going to suggest I rewrote the recipies for them into uk measurements, and this was just one of a few things I wanted to discus. As their guarantee did say I would get my money back if I wasn't happy if I had completed the ourse, I was expecting them to say, at this Saturday meeting, that I should online with the course til the end (another 6 weeks, the course was 12 weeks in total), which I was prepared to do but was wondering if, for example, I could get 5 free weeks later from the second course, if I continued on to do that.
Anyhow, the second payment for the first course came out of my account on the Thursday, no problem. I had arranged to speak with them on the sat. But on Friday morning an email came through saying they had decided to "honour my request to leave" and thus gave me back some of the total funds I had paid. I was really upset, I didn't want to leave I just wanted to amend the things that weren't working for me and then, wanted an apology. He said he had apologised, but he had only apologised for not suggesting we talk in private during the measurement session. When I called them to discuss why on earth out of the blue they had kicked me off, they kept saying I had asked to leave when I hadn't and even when I had proceeded on the course and had clearly said I was happier. They have sine taken down their guarantee and are now lying on saying I wanted to leave. I now want my full money back.
Submitted: 7 months ago.
Category: Law
Customer: replied 7 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Ash replied 7 months ago.
Hello my name is ***** ***** I will help you.What is it you want to achieve please?Alex
Customer: replied 7 months ago.
They have kept monies covering those first five weeks and they kicked me off the course, so as per their guarantee, I would like my money back. Also I never asked to leave the course so I feel they have frustrated my situation as I can't continue with the ourse, nor have I got my money back... Do I have a case? I have tried to sue them for the money and entered mediation with them but they wouldn't meet me half way and now they are lying about me in the court papers. I don't know whether it is worth fighting?
Customer: replied 7 months ago.
They owe me about 275 which plus fees is a claim for 300
Customer: replied 7 months ago.
Also their guarantee did say if after the course you are not 100% happy we will refund you in full. Of course, having been kicked off the course I can't claim that because they stopped me completing the course, but I feel they did that on purpose so I couldn't claim the refund, even though I wouldn't necessarily have done so anyhow as I was happier on the amended meal plan. The guarantee has been removed from their website but in our contract it is there, plus when I started the course it was on the website.
Customer: replied 7 months ago.
Ps don't worry about calling, email is fine. Thanks. Sarah
Expert:  Ash replied 7 months ago.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.I think based on what you have said, you DO have a case.Can I clarify anything for you about this today please Sarah?Alex
Customer: replied 7 months ago.
Hi, yes I have already started this. They have responded and we entered into mediation, but they wouldn't agree to 50%, so we are scheduled to go to court. If you say i do have a case, what points should I stress, and what is the legal argument ie breach of contract? Frustration? Etc thanks.S
Expert:  Ash replied 7 months ago.
You just need to set out what the terms of the contract were, why it wasnt complied with etc.Its a straight forward contractual dispute and will be a small claim - so it will be very informal.Can I clarify anything else for you?Alex
Customer: replied 7 months ago.
Hi I am still not sure about this because: The defendants have taken down their 100% guarantee from their website! all the links in their emails now are defunct and they say the contract I sent in evidence was one they mistakenly sent me even though I have that mistaken one and the blank one. They are saying pretty rubbish things about me and I have tried several times to resolve this but they're really stubborn. In the blank copy of the agreement and the mistaken one it does still have the 100% money back guarantee but that's for if you're unhappy with the course having done all of it yet the kicked me off half way through because they say I asked for a refund. What I actually did was ask to discuss a refund for the first part of the course (but was still happy to remain in the rest if the course) as that hadn't worked for me and we arranged to meet to discuss this (in writing) but they kicked me off the day before we were to meet.
Expert:  Ash replied 7 months ago.
You still have a decent case. Just because they have changed it now, its too late.Its all too late. You have a valid claim.Does that clarify? Alex
Customer: replied 7 months ago.
I'm just not sure what my simple legal argument is: they say they kicked me off because I asked to discuss a refund part way through the course, but didn't refund me AND kicked me off whereas I didn't want to leave the course, I just wanted to discuss a possible refund for the beginning of the course that hadn't worked... Now they're saying I didn't follow the requirements of the course, that i slandered them (I left negative feedback after being kicked off) and making out I am just out to get them... All for 300 quid and I have to pay another 35 for the hearing... What is the best I can tell the out, wrath my actual legal argument?
Expert:  Ash replied 7 months ago.
They are in breach of contract. In any event you have a claim under the Consumer Rights Act which states at S.62:A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations under the contract to the detriment of the consumer.Can I clarify anything else for you?Alex
Customer: replied 7 months ago.
Is there something about goods and services and frustration?
Expert:  Ash replied 7 months ago.
Not in the Act as contract is common law which means frustration is.A contract is frustrated when the parties can not carry out the contract.But that still means you are entitled to a refund.Does that help?Alex
Expert:  Ash replied 7 months ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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