To want a refund from my personal trainer?

[chundercatsarego]

We've had 12 sessions so far (pay in advance, in blocks of 10- £25/session). Of these, 2 he's not turned up for at all (1 excuse was car broke down, 1 he overslept), 2 he's turned up 30+ mins late (traffic and he misunderstood the time arranged, even though he text me to move it to a more convenient time for him) and 1 he was 15 mins late and then finished 20 mins early due to a personal issue.

At the outset I was very clear that I am really busy and can't be doing with someone messing me around. He did say at payment 'I don't do refunds if you change your mind', BUT in my view he's not holding to his side of the bargain. He's not delivering the service as agreed and I can't keep wasting time with him not turning up. He has gone nuts at my request for a refund and said I am totally unreasonable. I don't want cash back for sessions I've had, just the remaining ones that I won't be taking up due to his being completely unreliable.

He has come back completely in the attack saying I shouldn't be texting to arrange times (this is the way he has always done it, and it was him who text me to rearrange the time that confused him!), he has been so understanding and flexible about me having a week off and he didn't have to be ( agreed at the outset of our arrangement- I had surgery scheduled!) and I don't appreciate all the hard work he's put into me ( eerrr what? you don't turn up on time/at all, didn't give me a contract or pre-assessment, no training plan....)

AIBU to say refund me or I speak the gym manager and will take you to small claims court if I have to (only owed £200 but its the principle)

YANBU I'd be asking for a refund on the ones paid up front and not yet used + for the time he has not turned up etc.

Did you flag your dissatisfaction in any way at the times that he's been unreliable? Unless your relationship with him is now irretrievable, do you feel you could give him the chance to make up the missed/late sessions first?

If not, then gym manager is probably the next step.

YANBU - I would be requesting a refund for any that have not been used - including the sessions he missed.
He sounds terrible!

I would report him. His service has been poor and he certainly shouldn't be getting shirty when you aired your dissatisfaction.

Make a formal complaint and ask for a refund.

YANBU! He expects you to pay for a class that HE cancelled?! That's ridiculous. I teach music part-time and reserve the right to charge in full if a lesson is cancelled with less than 24 hours' notice. In reality, I have never had to invoke it as my pupils are reasonable and do not take the piss. However, it sounds like your personal trainer IS taking the piss. He sounds very unprofessional. If I were you, I would want a full refund for the remaining sessions AND money back for the sessions and parts of sessions that HE missed. Good luck.

P.S. It also sounds like he's trying to emotionally blackmail you by going on about all the work he's put in, etc... Don't fall for it.

YANBU at all. You are being very reasonable not asking for the missed ones, and the half sessions back too.

YANBU, I'd write it as a letter of complaint to him and the gym manager. He owes you for 2 whole sessions, 1 extra session (2 half hours) and the 35 minutes. Not to mention any outstanding.

Yanbu.

So you have paid £500 so far (for 2 blocks of 10 sessions each)?

Of the 12 sessions you have had, he hasn't delivered to an acceptable standard for 5 of them. (2 x missed, 2 x 30 mins late, 1 x 15 mins late and early finish).

So for the £500 you have paid, you have only had a satisfactory service for 7 sessions - i.e. £175 worth.

Therefore you should be clearly stating, in writing, that you are demanding a refund of £325 or you will take the matter to the small claims court due to his breach of contract.

YANBU. That's ridiculous. He sounds very unreliable. You aren't getting full sessions, you have missed sessions and just don't seem to know where you are.

Out of interest, did he refund the sessions he missed (car breakdown, sleeping in)?

I don't get how he can say he won't refund when his been breaking your agreement.

Oh, forgot to add, mention about making a complaint to trading standards as well.

My council has a consumer advice centre, who draft very professional letters for cases like these, quoting all the relevant legislation. Might be worth checking with your own council.

Thanks for all the advice. I was going to quote the relevant legislation at him tomorrow actually (we are going to have a phone call to discuss). If no agreement can be reached then I'll be complaining formally in writing, to him, his gym manager and head office and giving 14 days notice of small claims action.

Yanbu! You shouldnt pay for him not come, his lateness and leaving early. He not given you a service. Might be small claims.

Break if down like BerylStreep has done when you speak with him as that makes it very clear that he hasn't delivered his end of the contract.

Also name of PT please, this level of performance must go out of business.

As well as the above, I'd threaten to go on their Twitter and Facebook feeds

It might be worth emailing a summary of your phone call back to him, "as we discussed on the phone this morning etc etc......" so you have something contemporaneous in writing. Do you have the agreement about the week off for surgery in writing ? It would be great if you did now he's trying to backtrack on things.

Once people start messing me about or changing their story I try and avoid phone calls as much as possible - unless I think one call will sort things out of course - and get a paper trail if I can.

I don't know about the legal side, but I'd certainly complain in writing to the gym manager. These people presumably get a lot of their business through word of mouth, so a bad reputation is likely to be damaging and it should be in their interests to make things right for you.

Good luck, it sounds like you've spent a lot of money and had nothing like the service you paid for.

I agree with highkick. I wouldn't hold out much hope for a phone call sorting it out.

YANBU at all! How unprofessional of him. Definitely make a complaint.

Your PT sounds exactly like one that I had. He was always cancelling or rearranging at the last minute. He even fucked off to Australia last winter for six months to play cricket - still owed me 4 sessions, which Id have used if he hadnt been such a flake. he was very easy one the eye tho

personal trainers need to be charismatic and excellent at handling and getting the best out of people, he sounds like the antithesis of that

Is he on twitter or FB?
wont take much to trash his reputation without which he aint got a pot to pi$$ in

he will have probably already spent the money you paid him though

Well I've been trying unsuccessfully to get in touch with him today...no luck at all. Then saw in Facebook some attention seeking status about no longer being at xxxxxxx gym and thanking his loyal followers/proclaiming that what goes around comes around yadda yadda. So I can only assume someone else has had a similar experience and also complained. I'll be getting in touch with the gym manager by email, as advised by their head office (cannot ring specific gym) and seeing if there is anything they can do for me. Rather annoying

Yanbu

He sounds terrible by the waY, bad luck!