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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I will try and keep this as brief as possible at this stage!

Resolved Question:

I will try and keep this as brief as possible at this stage! I recently purchased ( on line) a 3 month lifestyle / coaching programme for £650 from Graham Jevon Ltd. He Initially e mailed me another clients programme by mistake which could have had serious consequences. This coupled along with delayed or no response to e mails prompted me to request a full refund. He replied admitting that he had indeed sent me another clients programme and asked that we start again. He made no reference to my request for a refund. I agreed to give him another chance. We had a brief Skype call. I mentioned at that time that I had a few personal problems and he said that we could take it as slowly as needed. We agreed to Skype the following Wednesday. Wednesday morning arrived and I e mailed him to say I had done nothing in the way of improving my diet therefore I didn't want to waste his time with a Skypecall that day. I requested he send me the remainder of the plan and that I would contact him the minute I was ready to move forward. It was basically an email asking for a little more time due to my ongoing personal stuff. I had no response! The following afternoon i e mailed him to ask if he had received my e mail. His response was " No, it must have gone to Spam" that was it! No mention of the fact that we had arranged to Skype the day before which surely as a coach you would have some sort of diary relating to your clients Skype calls. Also I would have thought as his client he would have made sure my e mails did not go to Spam. At this stage I felt we were back to square one. This unprofessional response along with him previously sending me another clients programme, lack of response to e mails, promises of sending me e- books and not actually sending them prompted me to ask again for a full refund to which he has continually refused. ( I have all his e mails) He did agree to send me the programme within 2 weeks and advised me to seek legal advise! I said at this stage I had no intention of taking it legal and trusted his word in that he would forward me the programme. 2 and a half weeks later I recieved a Dropbox document. For whatever the reason I could not access it. I emailed him ( 5th September ) to ask that he re send it in another format as for some reason Dropbox was not accessible. He responded the next day to say it was my programme and he would send it again. I e mailed him again on the 11th to say I had not recieved anything. Then again on the 25th as still I had not recieved anything. I also left a message on his voicemail. I eventually had a response on the 1st November " It was sent via Dropbox love as it was too large to send via e mail" . In the middle of all this I have approached my Credit card company and they say because I knowingly paid with PayPal it deems Section 75 of the Consumer Credit Act 1974 null and void and therefore they cannot help. I have also reported him to Trading Standards via Citizens Advice. Last week Citizens Advice asked me if he had issued me with Term and Conditions and a 14 day cooling off period. He hasn't. I was therefore told as he hasn't done this he is in breach of contract and as a result I am entitled to 1 year and 14 days to request a full refund. I e mailed him last week stating my position and asking him to refund me the total amount within the next 14 days otherwise I would take the matter further. His response " As mentioned previously in numerous e mails, your info and programme was sent via Dropbox to you. If you do a mail search you will see this" I responded that I was by law entitled to a full refund and if I had not recieved this within the next 14 days I would take this to court. His response on the 12th November "Then Carole by all means lovely take me to court. As I have issued you with the programme as promised to you, it was sent via Dropbox. I still have the e mail I sent you with it inside the Dropbox so I invite you to send me to court. They will tell you the same as what I have once they realize that I did in fact send you the info requested via Dropbox. Please consider opening the message via Dropbox I sent to you. Thank you very much. I've never had a complaint about my services and it was you who said that you did not want to take part any longer. I have all of our e mails as I'm sure you do to." I have not responded. I would appreciate your findings and hope I haven't given you too much of a headache! I now want to take this to a small claims court. What are your thoughts as to my success in doing so. Many thanks
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

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

Alex Watts :

For now please let me know how much you paid and by what method for the course?

Customer: Hi Alex, I paid £655.99. I paid using PayPal. I rarely choose PayPal . However on his web site you are given a choice of Pay Pal or CC. I clicked CC and PayPal came up with no other option but to use PayPal! Thanks
Alex Watts :

And you have never been given a cooling off period?

Alex Watts :

Have you raised a dispute with Paypal?

Customer: I have not been given or notified of any cooling off period. I have raised the dispute with my credit card company and as I mentioned they have informed me that they are unable to help as I knowingly paid using PayPal which deems Section 75 of Consumer Credit Act null and void.
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.



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.



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.



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.



Can I clarify anything for you about this today please?

Customer: I have already requested via e mail a full refund and explained my rights as he has not issued me with pre contract information. His response is welcoming me to take him to court!
Alex Watts :

Ok, then that is what you must do

Alex Watts :

The Consumer Contract Regulations are quite clear.

Alex Watts :

Online or distance contracts have 14 days cooling off period.

Alex Watts :

Does that help?

Customer: I really wanted to know your thoughts as regards ***** ***** in carrying out this process. Do you feel I have a strong chance of winning. Or is it all a little flaky and not worth my efforts?
Alex Watts :

I think you have prospects yes.

Alex Watts :

All you need is 51% to win in Court

Alex Watts :

Does that help?

Customer: If you feel it is worth me taking him through the small claims may I also approach PayPal and see if they can do anything for me? Many thanks
Alex Watts :

Yes I would go through Paypal first and if no joy go to Court.

Alex Watts :

Paypal wont take him to Court.

Alex Watts :

You need to do that

Customer: Thank you. One more question.....Citizens Advice told me as he had not given me the required pre contract info it automatically entitles me to 1 year and 14 days cooling off period. Is this correct?
Alex Watts :

Yes 14 days only starts from when you get the cooling off period.

Alex Watts :

Does that help?

Customer: Ok , this is definately my last question! In your opinion what grounds do I have for taking him to court other than breach of contract I.e not giving me any terms and conditions or cooling off period. Thanks
Alex Watts :

Yes I think you have grounds and you are more likely to win than not.

Alex Watts :

Does that clarify>?

Customer: No :) But what grounds? For example what is he in breach of other than the pre contact issue. Thanks
Alex Watts :

Yes breach of the Consumer Contract Regulations

Alex Watts :

That is the breach.

Alex Watts :

He is also in breach as his product did not deliver what you expected

Customer: Thank you.
Alex Watts :

Can I clarify anything else for you?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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