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Home / New Zealand

Students refusing to pay thousands owing to fitness course they say broke its contract

By Tess Nichol
Reporter·NZ Herald·
25 May, 2017 11:53 PM3 mins to read

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Sumire Tachibana is angry that her Fitlink course is no longer REPS accredited.

More than 100 fitness students are being hounded for thousands of dollars by debt collectors after they refused to keep paying for an online course which has lost its industry accreditation and gone into liquidation.

When Sumire Tachibana signed up with Fitlink NZ in October 2015, she thought she was paying $4000 for a recognised qualification.

A year later, the company lost its accreditation with the New Zealand Register of Exercise Professionals (REPs) and went into liquidation. Its small team of staff quit after a change of ownership.

However Fitlink's new owner said she was the victim of an attempted takeover and insisted the course was still offering what it originally promised.

Tachibana and about 135 other students had been given the option to complete the course and an additional assessment process in order to achieve REPs recognition, but the majority felt their relationship with the owners of Fitlink was too damaged to find that an acceptable solution.

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Tachibana said she felt Fitlink had breached its contract when it lost its REPs recognition and students should not be expected keep paying their instalments for the course.

In her eyes, Fitlink's credibility had been undermined.

"My intention was always to study a REPs registered course, a course that actually has standing in the industry," she said.

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Major employers like Les Mills will not hire personal trainers unless they are REPs recognised, a spokeswoman for the fitness chain confirmed.

In January Tachibana emailed Fitlink saying she thought they had breached the contract and requested a refund but said they never replied.

"A few weeks ago they suddenly emailed me about an overdue amount.

"A couple of days later they forwarded it on to the debt collectors."

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Tachibana is upset her Fitlink course lost REPS accreditation. Photo / Doug Sherring
Tachibana is upset her Fitlink course lost REPS accreditation. Photo / Doug Sherring

Tachibana, who is being chased for about $2000 by the company, was angry and upset about the way the situation had played out.

She felt Fitlink had been aggressive and unhelpful.

"I have my emotional moments," she said.

"The threat of debt collectors and the fact it might affect your credit rating, is a huge weight and it's a huge worry in the back of your mind."

REPs spokesman Stephen Gacsal saidthe course lost its REPs accreditation because its affiliation was tied to the original business, not the Fitlink name.

"Education providers are required to be NZQA registered to be REPs recognised."

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REPs understood the new company was in the process of acquiring NZQA registration, he said.

Fitlink's current owner, Angela Eluik, said she put the company into solvent liquidation in October last year after a competitor tried to take it over, changing the name to Ave Assets Holdings Ltd.

Company office documents back this up, as well as showing a second business, previously named Compass 2010 Limited, has its named changed to Fitlink New Zealand Limited on October 23, 2016.

Eluik and two others said the ownership struggle was a family dispute.

Students had been offered a pathway to get REPs recognition, meaning Fitlink could still offer what it promised, Eluik said.

"The Fitlink platform has remained available this entire time and all students have been serviced. Like any tertiary study, you can't just change your mind halfway through and stop paying."

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When asked why debt collectors had been called, Eluik said the company had been trying to communicate with students in an open and honest manner.

"If they do not communicate with us that does not mean they have no obligation to continue with their contract."

She insisted the company had been clear and honest with students about the changes.

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