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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Dear Sir, Madam, I purchased some software for a business

Resolved Question:

Dear Sir, Madam,
I purchased some software for a business opportunity recently at a cost of £2,597which included training videos. Having now gone through all the training videos the business opportunity is clearly not something that I wish to follow up as it is different than my interpretation of the advert outline the opportunity.
It was clear that a refund would not be given unless done within 7 days - it would not have been possible to review the opportunity in this time - or until a sales value of less than £5,200 had been made within a certain time and after certain conditions, all of which had to be logged demonstrating that a serious effort has been made.
I have written to the company advising that I am not interested now I have had chance to really review their opportunity and they have responded by re-stating the original conditions.
I am writing to ask if there is any case on which I can actually gain a refund for this digital product and opportunity that I won't be running.
Thanks in anticipation, regards,
Mike Knight
07971 506003
*****@******.***
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello Mike my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know how you paid for these videos and did you order online or purchase in store?

JACUSTOMER-zggsur0z- :

Hi Alex.

JACUSTOMER-zggsur0z- :

Hi Alex, thanks for your response.

JACUSTOMER-zggsur0z- :

I purchased on line and paid via PayPal.

JACUSTOMER-zggsur0z- :

The business is called Smart Sentinel.

JACUSTOMER-zggsur0z- :

Mike

Alex Watts : Ok. When did you purchase and when did you try and cancel?
Alex Watts : Have you disputed through paypal?
JACUSTOMER-zggsur0z- :

Hi - I purchased on Sun 5th October. The payment didn't clear through PayPal until Tuesday 7th Oct and I finally got the software and managed to log in with their security codes etc until Thursday 9th Oct.

JACUSTOMER-zggsur0z- :

I wrote by email today (Thursday) saying that I had watched all the training videos and have decided after seeing what the opportunity is all about, that it is not for me. I suggested that they refund my payment and understood that any costs incurred would be taken from the refund.

JACUSTOMER-zggsur0z- :

They have stated that refund is not an option as I agreed to their terms and conditions.

JACUSTOMER-zggsur0z- :

I haven't made any contact with PayPal asking for a refund.

JACUSTOMER-zggsur0z- :

Mike.

Alex Watts : Ok. Contact paypal asking for a refund, you have 14 days under the cooling off law.
Alex Watts : however in any event the company must give you 14 days cooling off period - this is required by law under the Consumer Contract Regulations.
Alex Watts : But complain to Paypal they ahould resolve it.
Alex Watts : If they do not you need to write to the merchant
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 signed delivery and keep a copy.
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 : 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 clairfy anything for you about this today please?
Customer: replied 3 years ago.

Hello Alex,

The rating icon above shows that the rating as poor service unless I am reading it incorrectly - this is NOT what I rated the service I received as which I thought was excellent and very fast and I would like this rating to be shown against my response.

Regards,

Mike Knight

Expert:  Ash replied 3 years ago.
Thank you.
Please try again!
Alex
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