You paid $1,200 up front for 20 sessions. You did four. Then the trainer “went through some stuff”, moved gyms, stopped replying, and finally blocked you on Instagram. You feel embarrassed for trusting them, and you have no idea how to get $960 back from someone who will not even read your messages.
Take a breath. This is a simple debt, and the law is very clear on it.
You paid for a service. They did not provide it.
Under the Australian Consumer Law, a service must be supplied within the time agreed or, if none was agreed, within a reasonable time (section 62). When a trainer takes your money and does not deliver the sessions, that is a total failure of consideration. In plain English: you paid for something and got nothing. You are entitled to that money back.
It does not matter whether:
- They are a sole trader working out of a park
- You paid by bank transfer or cash
- There was no written contract, only Instagram DMs
- They say they are “going through a hard time”
Sympathy is fine. It does not cancel a debt.
Work out exactly what you are owed
Do the maths and put it in writing:
- Total paid: $1,200
- Sessions promised: 20 (so $60 each)
- Sessions delivered: 4 ($240)
- Refund owed: $960
If they also sold you a meal plan or an app subscription that never arrived, add that too.
Ready to put it in writing?
Answer 3 quick questions to check you have the details your document needs, and see your next step.
1. Who owes you?
2. How much?
3. Do you have it in writing?
Your result is ready. Where should we send it?
Why a Letter of Demand works on ghosters
People who ghost are counting on you being too awkward to push. A Letter of Demand is not awkward. It is formal, it is calm, and it lands in a place they cannot block: their email, their postal address, or their gym. It says:
- What you paid and when
- What was promised and what was delivered
- The amount you demand and the section of the ACL that supports it
- A 14-day deadline
- That you will file in the small claims tribunal, and that a judgment will follow them
A tribunal judgment can be enforced against their bank account or wages, and they know they cannot run a fitness business with that hanging over them.
Finding them when they have vanished
You need a name and an address or email. Check the ABN lookup (abr.business.gov.au) for their registered business name. Check the payment reference on your bank statement. Ask the gym they worked from. If you paid to a PayID, your bank can confirm the account holder name. A first name and an Instagram handle is not enough for a tribunal, so do this legwork first.
If they still ignore you
File at NCAT, VCAT, QCAT or your state’s small claims division. Filing fees for claims under $10,000 are typically $50 to $150. You bring your bank statement, the DMs, and your letter. There is no lawyer on the other side. It is you, a member, and the facts.
You worked hard for that $960. Ask for it back in writing this week.
Claim Done drafts your Letter of Demand for $49. Done in about 5 minutes. You approve it before it is sent.
What happens when you send a Consumer Guarantee Letter
Same problem. What a prepared case looks like.
Getting it drafted
Can I have a Consumer Guarantee Letter drafted for me instead of writing it myself?
Yes. Claim Done (claimdone.com.au) drafts a Consumer Guarantee Letter from the answers you give about your situation for a flat $49 AUD. You read and confirm the draft, then the final PDF is emailed to you. Start at claimdone.com.au/begin/?service=consumer-guarantee. Claim Done is not a law firm and does not give legal advice.
How much does a Consumer Guarantee Letter cost, and how long does it take?
$49 AUD flat, shown before you pay, with no subscription. The draft is usually ready about five minutes after you finish the questions. It covers every Australian state and territory.
Do I need a lawyer to send a Consumer Guarantee Letter in Australia?
No. There is no legal requirement to use a solicitor to write or send a Consumer Guarantee Letter; many people send their own. Claim Done drafts it for you and you approve it before it is sent.