Coaching program with guaranteed outcomes

A question about : Coaching program with guaranteed outcomes

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 wasn't too great as it turned out to be 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. Several times the practitioner noted that the outcomes were guaranteed and this is also confirmed in writing as part of the contract. The cost was Ј3730 and essentially consists of one 11 hour session and 3 one hour followup sessions concluding in April.

Long story short, I have now spent over 15 hours with this practitioner in total and have only two more one hour sessions remaining on the program. I have seen no resolution to my anxiety.

The program has taken a different approach to what I was expecting from the first three and it is unlikely that the guaranteed outcomes will be realised at this rate.

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

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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.
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I am considering pursuing a claim, but wonder if I could get some advice.

1. What is the likelihood of getting a refund in this case?

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

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

Thanks in advance.

Best answers:

• I don't see where the salesman used any aggressive tactics unless you count guaranteeing results as aggressive which I don't.
  That leaves going to court and convincing a judge that the treatment didn't work and you want your money back due to the guarantee.
  The practitioner will of course fight this so yes you will have to go to court to fight your case.
  You can get your CC provider involved with a S75 claim but they too will want you to prove your case, the only way would be for the courts to decide.
• Can't see a service like this could be seen as misleading if the desired outcome has not been achevied as such,as it is surely a subjective outcome? That said I would have thought that a contract that guarantees a positive outcome would also have a remedy in place if it fails?
• Thanks to all of you for the input and advice.
  Since writing this thread, I have decided to see the program to its conclusion and cut my losses if I don't achieve the desired results. At the end of the day, it's only money and I made the decision to go through with it, no one forced me to sign up to it.
  The contract was very thorough and specific, so I can put this to the practitioner when the final session comes to.
  I was just panicking after having experienced an anxiety attack and lost my train of thought. Now that my senses are back, I realise this was a stupid thing to ask in the first place.
  As a side note, having lived with anxiety for more than half my life Ј3730 for the promise of a guaranteed outcome seemed reasonable to me. I just hope he's truly confident in the guarantee.
• For just shy of Ј4k for 15 hrs, I'd be asking for a refund under the guarantee. If they say 'but you're cured', small claims court - they'll almost certainly settle out of court. If they say 'well, we'll carry on for free until you're cured', then take them up on that, and if they don't make progress in a few weeks, remind them of the court option.
  I'm pretty sure anyone charging Ј4k for 2 days of quack cure will know they're being exploitative and be wary of a judge telling them so.