Personal trainer - No sessions or refund!

Personal trainer - No sessions or refund!

Author
Discussion

Mk3Spitfire

2,921 posts

128 months

Tuesday 14th October 2014
quotequote all
I'm not convinced it's civil at all. Sounds more like fraud to me. Well, that's if it's not just poor management by the trainer.
And I wouldn't worry about the stalking thing by talking to her gym. If she owes you that much money I'd say you had every right to contact her gym.

anonymous-user

54 months

Tuesday 14th October 2014
quotequote all
Fraud is both a civil wrong and a criminal offence, but fraud requires a prior intention to deceive, not just failing to keep a promise.

TooMany2cvs

29,008 posts

126 months

Tuesday 14th October 2014
quotequote all
Breadvan72 said:
How does the trainer account for the payment into the account, then?
"<shrug> I was wondering where that'd come from..."

pork911

7,140 posts

183 months

Tuesday 14th October 2014
quotequote all
no possibility of a rinsing defence? wink

Mk3Spitfire

2,921 posts

128 months

Tuesday 14th October 2014
quotequote all
Breadvan72 said:
Fraud is both a civil wrong and a criminal offence, but fraud requires a prior intention to deceive, not just failing to keep a promise.
Which is why I put in the bit about poor management. I read it that the PT was going around collecting monies for services she never intended to provide?

AndStilliRise

Original Poster:

2,295 posts

116 months

Tuesday 14th October 2014
quotequote all
TooMany2cvs said:
Very true, but if they decide to deny having any such conversation with you...
There are a number of txt messages. From trying to get someone on behalf to ask her to return the money, the response is that she has now deemed the money belongs to her due to the non-refund policy(?).

However would anyone want to through them for such an amount?

There is also the case of when she did turn up for the sessions (6/10) that she was either 0.5 or 1 hour late, again when she did turn up. However because I rearranged the 7th appointment due to other commitments that I wasted a lot of her time.

Now I am in two minds, I can either try and visit the cop shop hopefully when it is empty and front desk is manned and see if they can do anything or I could just let it go. The fact that it is stressing me out a little knowing she got away with my cash makes my blood boil but the other side of me is telling to not let it go so easily.

Not that rich, however not that poor.
There is probably a reason why she is unemployed and comes up with a new business idea every other week. To be fair a decent track athlete.


anonymous-user

54 months

Tuesday 14th October 2014
quotequote all
The police won't be interested in this. You could make a money claim online if you CBA, but tell us the full facts. What "non refund policy"? How many sessions did you book? How many did you have?

I infer ten sessions booked, six taken. How much per session? Is the £160 for the remaining four?

Mk3Spitfire

2,921 posts

128 months

Tuesday 14th October 2014
quotequote all
I think the most important question, which hasn't been asked yet, is;
Does she have a great bum?

JustinP1

13,330 posts

230 months

Tuesday 14th October 2014
quotequote all
Breadvan72 said:
The police won't be interested in this. You could make a money claim online if you CBA, but tell us the full facts. What "non refund policy"? How many sessions did you book? How many did you have?

I infer ten sessions booked, six taken. How much per session? Is the £160 for the remaining four?
Indeed. You don't want to litigate over £160 really, let alone a fraction of that.

If you have her address, it'd take 15 minutes to fire of a MCOL. The likely response to that is a cheque in the post. But still, unless you have a real reason to do this and sleep better at night, then I'm not sure I would.

The other option as Mk3Spitfire has begun to imply is whether you are best negotiating a settlement of some kind?

Funkycoldribena

7,379 posts

154 months

Tuesday 14th October 2014
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No wonder theres so many scammers out there when half this thread are quite happy to just write off 160 quid.

AndStilliRise

Original Poster:

2,295 posts

116 months

Tuesday 14th October 2014
quotequote all
Originally it was for 10 sessions = £400.

Trying to be smart about it I said I would pay £200 for the first 5. She was frequently late or the session rolled over because she did not attend.

So when the first 5 were completed and prompts were made, the subsequent £200 was paid. Finally managing to get the one session three weeks ago and the breakdown trying to book session 7.

...I am sure karma will pay her back...

All I have to do is to beat her on the track. 400m - 61 seconds. Which will be enough of a victory.




JustinP1

13,330 posts

230 months

Tuesday 14th October 2014
quotequote all
AndStilliRise said:
Originally it was for 10 sessions = £400.

Trying to be smart about it I said I would pay £200 for the first 5. She was frequently late or the session rolled over because she did not attend.

So when the first 5 were completed and prompts were made, the subsequent £200 was paid. Finally managing to get the one session three weeks ago and the breakdown trying to book session 7.

...I am sure karma will pay her back...

All I have to do is to beat her on the track. 400m - 61 seconds. Which will be enough of a victory.
What happened in the 'breakdown'?

Legally you have a difficult position. You have a contract for 5 sessions at £200. You've had one. You would have to demonstrate that her actions in the 'breakdown' were so dire that she 'repudiated' the contract and prevented the contract from being completed.

AndStilliRise

Original Poster:

2,295 posts

116 months

Tuesday 14th October 2014
quotequote all
JustinP1 said:
What happened in the 'breakdown'?

Legally you have a difficult position. You have a contract for 5 sessions at £200. You've had one. You would have to demonstrate that her actions in the 'breakdown' were so dire that she 'repudiated' the contract and prevented the contract from being completed.
I agree.
And of course she could counter the argument.

Lesson learned. Never trust anyone who can run faster than me!

Thankyou4calling

10,602 posts

173 months

Tuesday 14th October 2014
quotequote all
AndStilliRise said:
smile

Now that's a plan.

I will give it a few days to cool off and then hopefully catch her at the gym one evening.

I just have to try and be nice!
She may be REPS (register of exercise professionals) registered.

You can check online.

They won't take kindly to the situation but you don't have to register or even have a qualification.

photosnob

1,339 posts

118 months

Tuesday 14th October 2014
quotequote all
Does she have social media accounts for her personal training?

"Hey, I'm really worried I've not been able to get hold of you. Are you okay? I'm assuming something awful has happened as you haven't returned my calls even though I've paid for lessons. Will someone let me know if she is okay?".

That would get a response from most self employed people.

ging84

8,897 posts

146 months

Tuesday 14th October 2014
quotequote all
seriously? your personal trainer isn't answering her phone and you want to call the police to report this as crime?

she could be ill, dead, on holiday or maybe even in jail for failing to show up to her last client's last 4 personal training sessions.

total case for judge rinder

RB Will

9,664 posts

240 months

Wednesday 15th October 2014
quotequote all
[quote]

All I have to do is to beat her on the track. 400m - 61 seconds. Which will be enough of a victory.




[/quote]

Not that fast. My 50+ year old father in law does the 400 hurdles in 56. You are looking at 50 secs or less for a female in her prime for the flat 400

Red Devil

13,060 posts

208 months

Wednesday 15th October 2014
quotequote all
RB Will said:
AndStilliRise said:
All I have to do is to beat her on the track. 400m - 61 seconds. Which will be enough of a victory.
Not that fast. My 50+ year old father in law does the 400 hurdles in 56. You are looking at 50 secs or less for a female in her prime for the flat 400
Then your FIL is not only very fit but close to county championship standard (see below). The women's time you are quoting is for elite athletes*, so I'm not sure how that helps in any way.

 * The bronze medallist in the women's 400m flat at this year's Commonwealth Games ran outside 51 seconds.

UKCAU INTER COUNTIES TRACK & FIELD CHAMPIONSHIPS 2014

Men's 400m hurdles final
1. 51.99
2. 52.33
3. 52.92
4. 53.17
5. 53.92
6. 54.15
7. 54.65
8. 55.17

Men's 400 flat final
1. 47.42
2. 48.05
3. 48.05
4. 48.26
5. 48.57
6. 48.65
7. 48.67
8. 48.74

Women's 400 flat final
1. 53.78
2. 54.91
3. 55.33
4. 56.23
5. 57.79
6. 58.06
7. 58.34
8. 58.91

Those figures will give the OP a comparative baseline to work from. We know what she can do but only the OP knows what his capabilities are.

AndStilliRise

Original Poster:

2,295 posts

116 months

Wednesday 15th October 2014
quotequote all
RB Will said:
Not that fast. My 50+ year old father in law does the 400 hurdles in 56. You are looking at 50 secs or less for a female in her prime for the flat 400
400 Hurdles in 56? BS.
This is a time from one from an international athlete I know. So your FIL who is twice as old as this guy and is only 2 sec slower over 400m?


Dist Time Pos Event Venue Event

----- --- ----- ----- -----
400H 54.13 6 h4 Birmingham Aviva Olympic Trials & UK Championships 22 Jun 12

Davel

8,982 posts

258 months

Wednesday 15th October 2014
quotequote all
Mk3Spitfire said:
I think the most important question, which hasn't been asked yet, is;
Does she have a great bum?
At last and photos please?