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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Solicitor, I paid for an "experiential course" on 24.03.14

Resolved Question:

Dear Solicitor,
I paid for an "experiential course" on 24.03.14 to run from 16-23 May.
After considering the matter, on 28.03.14 I asked to cancel and get a refund.
The company is based in the US.
The agreement that I signed, without properly absorbing I'm afraid, the small print, says that I had 72 hours to cancel.
The agreement says that in the event of my terminating the agreement, I agree to pay £633 or the full amount of my payments already made, WHICHEVER IS THE GREATER.
Since I've paid £5,495, I stand to lose all of that if I cancel.
Have I a leg to stand on when I ask for a refund and is it justifiable that they deny me a refund?
Yours faithfully,
Justin Basquille
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Did you pay for it on credit card please?
Customer:

Hello Alex, thanks for replying.

Customer:

I paid with my mastercard

Alex Watts : Credit or debit card?
Customer:

creditcard

Alex Watts : ok. Did you cancel after the 72 hours?
Customer:

yes, I enquired about cancelling on the 28th, having signed on the 24th; so a day late

Alex Watts : ok.
Alex Watts : Well in theory you are out of time,
Alex Watts : But what you could do is call your credit card company and say the charge is unauthorised.
Alex Watts : Then you would not have to pay.
Alex Watts : Otherwise sadly you are liable because of the terms and conditions.
Customer:

I see.

Alex Watts : In the uk there is the distance selling regulations which give you 7 days to cancel.
Customer:

serves me right for getting carried away

Alex Watts : But this company is in the USA so their law is different.
Alex Watts : I am sorry but that is the only way, otherwise you will be liable sadly.
Alex Watts : Can I clarify anything else about this for you today please?
Customer:

I paid in London, at their stand in Excel, in sterling; does that make any difference as to what jurisdiction it falls under?

Alex Watts : I see, yes it does. In that case in uk law does apply.
Alex Watts : But as you went to them, the distance selling regulations do not apply.
Alex Watts : There Is no cooling off period.
Customer:

Ah, the lesson is a hard one!

Alex Watts : So the only option is to chargeback.
Alex Watts : Can I clarify anything else a.
Customer:

by chargeback, do you mean reversing the credit card payment?

Alex Watts : yes. All you can do is say it was not authorised.
Customer:

that's all I need to know for now anyway

Customer:

Many thanks Alex, you've been most helpful

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 : Thanks. Have a good evening.
Customer:

It's not letting me rate you: I wanted to give you an "excellent"

Ash and 2 other Law Specialists are ready to help you
Expert:  Ash replied 3 years ago.
Try this now.

Alex