D.D.C. Total Health and Wellness

Has not made a good faith effort to refund the money owed to me as a result of contract breach and termination.
On 9/17/2013, I entered into a contract with DDC Total Health and Wellness [redacted]) for personal training at an agreed upon price of $550 for each block of 10 sessions. Also included in the contract was a written provision that if the trainer misses any scheduled appointments without following proper notification guidelines the client will not be assesses for the missed session and will have an additional session added to their block at no charge. The contract was renewable upon each 10 session block end, with no fixed termination date.

On March 17, I paid $550 for a new block of 11 sessions, per oral agreement. On May 7, 2013, after DDC/[redacted] cancelled 8 sessions without the proper notice, and without providing an any additional sessions per written agreement, DDC/[redacted] terminated the contract and offered a refund, asking me to provide an accounting of the refund due.

On May 28, 2013, I detailed the sessions completed and missed, and submitted by email and text message to DDC/[redacted].
On the same day, DDC/[redacted] responded by text stating that the refund would be mailed to me in two weeks. On the same date, I agreed.

On June 14, after not hearing from DDC/[redacted], I sent a text to ask the status of the refund. On June 17, DDC/[redacted] responded by text apologizing for the delay and stating that the payment would be sent by "COB tomorrow," which would have been June 18. I responded on June 17, providing DDC/[redacted] with my mailing address. DDC/[redacted] acknowledged on the same day.

On June 24, DDC/[redacted] initiated a text to me asking if I had received a check, and that DDC/[redacted] was asking because the funds had not been deducted from his account. The same day, I responded that I had not received it, and asked when the check was mailed. That same day, DDC/[redacted] responded that he had mailed it on June 19. Later, on the evening of June 24, I checked all mail at my home, and sent DDC/[redacted] a text that nothing had been received. I requested that DDC/[redacted] stop payment on the check and resend "this week," and to notify me when the new check was mailed. On the same day, DDC/[redacted] acknowledged that he would do so.

On June 27, since I had not heard anything more, I sent DDC/[redacted] a text to ask the status of the refund. The same day, DDC/[redacted] replied, apologizing, and stated that it would be "in the mail tomorrow," which would have been June 28. DDC/[redacted] also offered to bring it to me sometime that weekend. On the same day, I responded and asked DDC/[redacted] to mail it "tomorrow," which would have been June 28. On the same day, DDC/[redacted] acknowledged and said that he would do so.

On July 1, DDC [redacted] initiated a text to me stating that he would be "dropping the check in the mail today." I responded on the same day to acknowledge. On July 3, I called DDC/[redacted] and left a message asking the status of the refund and for [redacted] to call me. He failed to respond to my message.

On July 5, I sent DDC/[redacted] a text expressing my concern that I still had not received a refund check, and noting that it was more than five weeks and I had not yet received the check. On July 6, DDC/[redacted] advised that he and his wife were on vacation, he had asked his son to mail the check, indicating that "he clearly didn't do" so. DDC/[redacted] apologized and further advised that he would return on Monday (July 8) from vacation, and that he would call me on Tuesday (July 9) to set up a time to bring me the check personally.

On Tuesday, July 9, when I had not heard from DDC/[redacted], I called and left a message on his voicemail asking for a return call. He failed to do so.

As of today, July 15, I have not heard anything more from DDC/[redacted].