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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I have paid for a service that I no longer want and am being

Customer Question

I have paid for a service that I no longer want and am being refused a refund is there anything I can do about this?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

How did you book this? How did you pay? Have you started the treatment please?

JACUSTOMER-iabnskk6- : I booked for a consultation over the phone then booked for my treatment while I was in the branch. I paid by card on their card machine and I have had no treatment yet. They have a 48 cancellation period which I adhered to and they still won't give me a refund, they said in have to spend the money there and can't have a refund
Alex Watts :

Ok - so they say you can cancel within 48 hours and get a refund?

Alex Watts :

These changes came in April 2013

Alex Watts :

On their own website they say

Alex Watts :

"

  • Unoccupied and unfurnished properties no longer receive a discount or exemption (prior to April 2013, an exemption would have been awarded for up to 6 months)"
Alex Watts :

http://www.havering.gov.uk/Pages/Services/Council-Tax-exemptions.aspx

Alex Watts :

Sorry I am typing an email for work!

Alex Watts :

Ok - so they say you can cancel within 48 hours and get a refund?

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.

Alex Watts :

You should also complain to your Credit Card provider as they are jointly liable under Section 75 of the Consumer Credit Act.

Alex Watts :

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

Alex Watts :

You can name the branch as first defendant and credit card company as second defendant.

Alex Watts :

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

Alex Watts :

If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-iabnskk6- : You are aware this is a skin treatment and nothing to do with tenancy agreements? I saw a sign up in the office that said cancelations must be made 48hours before but it didn't say anything about a refund on the sign. The lady I spoke to today said most small businesses will not issue a refund. While I was speaking to her about this a customer walked in a she pretty much hung up on me so her new customer wouldn't hear the conversation we were having
JACUSTOMER-iabnskk6- : They are permanent beauty in Reading
JACUSTOMER-iabnskk6- : I got her to send me the paperwork which she made me sign while I was in the waiting room waiting for my consultation and it says that I agree to pre pay and will not accept a refund. During the consultation I told her the main thing I wanted done was to get rid of my open pores. Which I have now found out is impossible to do so you can only visibly reduce them hence why I don't want to waste my money on a treatment that won't do what I want.
Alex Watts :

Yes I am aware this is nothing to do with tenancy agreements I was answering an email.

Alex Watts :

You should take the action I have suggested above which is complain to your credit card company AND issue proceedings.

Alex Watts :

If you are not going to use it, you should not have to pay for it

Alex Watts :

Can I clarify anything else?

JACUSTOMER-iabnskk6- : How do I word my losses in a letter?
Alex Watts :

All you need to do is write and set out what you have paid, that you wanted a refund, you cancelled within the required time and if they refuse you will go to Court.

Alex Watts :

It just needs to be to the point

Alex Watts :

Can I clarify anything else?

JACUSTOMER-iabnskk6- : How do I word what my losses are in a letter?
Alex Watts :

All you need to do is write and set out what you have paid, that you wanted a refund, you cancelled within the required time and if they refuse you will go to Court.

Alex Watts :

It just needs to be to the point

Alex Watts :

Does that help?

JACUSTOMER-iabnskk6- : Yes it does but does it matter that I signed that paperwork albeit before I had the consultation? And also I paid for it by debit card so am I still covered by the consumer credit act because I just spoke to my bank and they said there is nothing they can do because I've paid for a service which the company were willing to provide and it's my fault because I changed my mind. I told the lady at the bank that they are unable to provide me with what I want. I told them I wanted to get rid of my open pores on my face which is what I have paid for. I later found out on line that this is impossible to do, you can only visibly reduce the size.
Alex Watts :

You said you paid by card so I assumed credit card - sadly the Consumer Credit Act does not apply to that.

Alex Watts :

If you signed it still says that you have to cancel within 48 hours, which you say you did.

Alex Watts :

Therefore you can still claim a refund

Alex Watts :

Can I clarify anything?

JACUSTOMER-iabnskk6- : Yeah it does say you have to cancel within 48 hours but it doesn't state I will get a refund in this time. Should I still go ahead with the above steps? I feel I have been treated unfairly and have paid a lot for a service I no longer want as it won't do what I was told it would do?
Alex Watts :

You should still go ahead. The Court can Order the refund if they feel the terms are unfair.

Alex Watts :

Even if you pursue a small claim, costs are very limited and if you lose, then you only lose the Court fees you have paid.

Alex Watts :

Can I clarify anything else for you\?

JACUSTOMER-iabnskk6- : Do you think it will go in my favour if I peruse it. I don't want to lose even more money. Thanks
Alex Watts :

I think it is entirely possible - you seem to have a good case.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Alex Watts :

Please remember to leave feedback before you go today

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