Would you chase for a refund?

BBP

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Here is the back story - I wanted help with my collie pups chase instinct, to make him more reliable around livestock. In May (when puppy was 5 months old) I contacted a sheepdog trainer who advertised kind enjoyable training for dogs that worry, or might be inclined to worry sheep. He told me he could only do a date in August. I asked him to clarify if his training was based on aversive methods. He said in the reply email 'no I do not use aversive methods'. On that basis I booked and paid for a package of 4 training sessions but with only the one date in early august confirmed. These were well over an hours travel each way for me, so i was committed to helping my dog.

I attended the session, my dog was put straight on to a half check collar with was brought right up behind his ears where the pressure points are, and the trainer 'corrected' him using the collar for every little move the dog made. He then flooded him for the entire session, with my dog going ballistic at the trigger (in this case a power tool as the dog is very reactive to the noise). So power tool in one hand and dog held tight on check collar in the other. There are a lot more details aboiut the session I wont go into them all, but that was the gist, and it lasted 3 hours, with my poor puppys eyes popping out, completely stressed out and bewildered and not understanding the rules. I was in tears on several occasions as I was so stressed. Trainer finished the session by saying he liked to sort all of these problems in 6 weeks but that he couldn't do weekends or a week when he was out of the country (I had already said to him on booking that I was only able to do weekends barring this two week period in the summer). He said we would need to flood the dog with the stimulus daily to get results, and not to talk to, play with or stroke to the dog during this training, as we should not allow the dog to be near us unless we want him to do something with us. We left the session with me knowing I would never go back as i hated every second of it and wished i had had the guts to take the dog off him sooner.

So I had 3 unused sessions that I was never going to use as a) the training was not the kind, non-aversive methods advertised and b) he was not able to do weekends when i specifically said that's all the availability i had.

A few days after the session I emailed to thank him for his time and to say that due to the scheduling conflicts and the training not being quite as i had expected would he please mind refunding the remaining 3 sessions. He refused, staying that I had booked the sessions months ago, knowing he only worked with selected clients, and that i had committed to working with him over the long term, and that he had fitted me in last minute without a firm booking (the fact is he had forgotten i had booked in and it was only when we contacted him to ask the address that he said yes he could still fit us in). he stated that he fitted me in ahead of other clients on his waiting list, (when actually he had not written a single session for me into his calendar, so its not like by refunding me I was then taking up slots that he was unable to fill). He also stated that he had had two long drawn out conversations with a behaviourist I was working with (I did not instruct either trainer to do this) and that it was only out of goodwill that he was not charging me extra for this time. He then went on to say that i had known from the outset that he was a distance away from me and that there would be scheduling issues (when i had said i could only do weekends, and he then told me, having taken my money, that he could not do any weekends).

I emailed him three times in August asking for a refund, and have had zero response since the one above stating no refund would be forthcoming. Am I right to chase this? Its not so much the money now (approx £200) but the principle. I feel like he has stolen it from me by accepting it fraudulently for services that were not as described. I would never have booked the sessions if I had known they were aversive based and it annoys me that other people may experience similar. If you agree with aversive training that is one thing, but I did not want to use that approach for my dog. I have everything above in emails barring the evidence of the content of the sessions, although both my partner and I were there so it is not just my word vs the trainers. I refuse to phone him as I want all of the correspondence in written form at this point.

if it was you, would you be prepared to go to small claims court with it? I appreciate any forum discussions may be disclosable, so all of the above i can back up with emails and screenshots.
 
Yes I probably would. The threat of small claims may be enough. Do think about a solicitors letter at this stage, they can be very intimidating and will let him know you aren’t going away. Citizens advice will advise you on solicitors that will do half hour free so you’d only pay for the letter.
 
I would chase it if I felt I could cope with the stress. I am an ace compartmentaliser, so I would probably forget it and move on for my own sanity, but if you feel up to keeping the push going I would do it.
 
Yes I probably would. The threat of small claims may be enough. Do think about a solicitors letter at this stage, they can be very intimidating and will let him know you aren’t going away. Citizens advice will advise you on solicitors that will do half hour free so you’d only pay for the letter.


I agree. I certainly wouldn't let it go. It might be best to concentrate on the fact that you had told him you could only do weekends and he wouldn't work weekends, rather than your perception of his training as being misdescribed. Not because I disagree with this description but it could be argued that you stayed for 3 hours, so it couldn't be that bad and he could say that he didn't use e.g. an electric collar, which is what he means by aversive.
 
I was having a look at the regulations, and the closest I can see if Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 which states that a commercial practice is a misleading action if it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise. In this case stating they did not use aversive methods. but I assume I would need to prove that the use of a half check (in the way it was used at the session), flooding and learned helplessness are aversive techniques, so would potentially need to find an expert witness to aid my case. And yes perhaps me staying for 3 hours could be used to undermine me. I am not asking for a refund for that session because of this, but I don't think it unfair to expect a refund for the remaining 3 sessions. They have cost him nothing in lost time or money as he never had them booked in.
 
I was having a look at the regulations, and the closest I can see if Regulation 5 of the Consumer Protection from Unfair Trading Regulations 2008 which states that a commercial practice is a misleading action if it causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise. In this case stating they did not use aversive methods. but I assume I would need to prove that the use of a half check (in the way it was used at the session), flooding and learned helplessness are aversive techniques, so would potentially need to find an expert witness to aid my case. And yes perhaps me staying for 3 hours could be used to undermine me. I am not asking for a refund for that session because of this, but I don't think it unfair to expect a refund for the remaining 3 sessions. They have cost him nothing in lost time or money as he never had them booked in.

I wasn't arguing against you but pointing out the arguments that could be made. I suggest that you take qualified legal advice. IMO the fact that he took your money knowing that he couldn't accommodate the time that you had available is more likely to get your money back than an argument in court (or on paper) about whether his methods are aversive or not.
 
You might be right there. I think some legal advice is certainly a good idea. Its a lot of money, and Im pretty irritated that he hasn't even had the courtesy to respond to me. He probably thinks i am an irritating fragile little girl who will go away if he ignores me for long enough.
 
I wasn't arguing against you but pointing out the arguments that could be made. I suggest that you take qualified legal advice. IMO the fact that he took your money knowing that he couldn't accommodate the time that you had available is more likely to get your money back than an argument in court (or on paper) about whether his methods are aversive or not.

I agree with this, his methods and how he describes them are open for debate whereas the fact he could not fit you in having said he would is clear and if you have proof of the fact he changed the deal he offered you that is your case, like you I would rather argue against his training methods to get the money back but I don't think it would hold up in court as a reason for a refund unlike his inability to continue within your schedule.
 
How disappointing! I think I know the trainer you went to - although have never witnessed his training methods - and am sorry to hear what he put your poor pup through as well as the fact he’s taken the money knowing he couldn’t fulfil his obligations of training at a weekend.

As legal fees are likely to cost more than the £200 the trainer charged I would probably let it go, chalk it down to a bad experience and be very wary of parting with large amounts of money prior to viewing the training involved and having specific dates booked in.

Hope your poor pup hasn’t been completely traumatised by the whole experience.
 
As legal fees are likely to cost more than the £200 the trainer charged I would probably let it go

So will his and if he’s sensible he’d probably rather pay back the £200 than risk his own legal fees and reputation. Small Claims court fees are in the region of £30 so it’s not expensive to do (a solicitors letter would be more expensive but nowhere near £200).
 
So will his and if he’s sensible he’d probably rather pay back the £200 than risk his own legal fees and reputation. Small Claims court fees are in the region of £30 so it’s not expensive to do (a solicitors letter would be more expensive but nowhere near £200).

If BBP feels strongly about it then she should seek legal advice, definitely. I worked for lawyers for many years though and have seen how quickly fees rack up but the SCC is a good idea.
 
How disappointing! I think I know the trainer you went to - although have never witnessed his training methods - and am sorry to hear what he put your poor pup through as well as the fact he’s taken the money knowing he couldn’t fulfil his obligations of training at a weekend.

As legal fees are likely to cost more than the £200 the trainer charged I would probably let it go, chalk it down to a bad experience and be very wary of parting with large amounts of money prior to viewing the training involved and having specific dates booked in.

Hope your poor pup hasn’t been completely traumatised by the whole experience.
Thankfully after a few high stress days afterwards, I found myself a lovely local dog school and behaviour centre (watched sessions first, lesson learned!) and we started working on doing the opposite of this guy (no flooding, working from further distance to the trigger and plenty of reward for calmness, plus building his toy drive and giving him other work to do). Puppy is being brilliant now, has come on leaps and bounds. I’m feeling really positive about our future now as he has been a real delight. Still plenty to work on, but in a stress free way.

I could just let it go if I didn’t feel it was just so unfair that he takes money for nothing. It costs him nothing to refund it. I’m quite bloody minded about the ethics of it and would almost rather spend the money on legal fees than let him get away with doing this to anyone else.
 
Go for it then - and I really hope you succeed. It might stop him doing it to someone else. Good luck! Let us know how you get on.

The new trainer sounds much more clued up! 😊
 
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