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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48167
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I bought a business training course & mastermind in March -

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I bought a business training course & mastermind in March - I prepaid £6300 for it, it was sold at an event and they stated it would be 1 on 1 high level training on the first day then a high level mastermind monthly group monthly. They didn't contact us with the dates for the monthly mastermind until May - and we had missed 2 of the dates by then, the person doing our initial coaching call was inexperienced and said we would be in a group with 5 other businesses for what was meant to be a 1-1 session (it was sold as that) then in the afternoon would be a basic intro training, we complained then they said they had put us in the wrong group and this was a mistake. The whole experience had been terrible so we asked for a refund which originally at the event they sold it at they had said - if you attend the first day and its not for you you can get a refund less the first day charge, we stated we don't want to attend the first day and want a refund. They are now refusing to refund stating their terms and conditions. We have received no goods, they aren't as described and the company is being deceptive and evasive. I have raised a dispute with American Express to contest the charge - what else can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Are you looking at taking legal action as that may be the only other option?
Customer: replied 2 years ago.

I want a refund and yes if needed legal action - so want to know what can be done and claimed for

Expert:  Ben Jones replied 2 years ago.
What specific terms are they relying on to deny you a refund?
Customer: replied 2 years ago.

Have a look here:

https://www.dropbox.com/sh/hveywxvd7lkold0/AABEQwBSLltUagr3TVBQnlGva?dl=0

Look at the invoice - I haven't received what they stated.

Look at the order form - I signed the payment bit but not the bit accepting at the bottom - does that help?

Expert:  Ben Jones replied 2 years ago.
Thanks, ***** ***** reviewed the documents now. If you wanted to take the matter further you would be arguing that this is a breach of contract. It is not fraud as you have implied and the police and Action Fraud would not really be interested in this – it is a civil matter, something which you need to resolve directly with the company or through the civil courts.
The key is – what were you contractually promised, did you receive that and if not – did the company make reasonable attempts to try and resolve this and rectify the issues you have experienced. Just because someone has not met their contractual obligations does not mean you can immediately cancel and treat the contract as void. Obviously the more serious the breach the more chance you have of successfully arguing that the contract has terminated but initially you would be expected to allow the other party to rectify the errors before pursuing a breach of contract claim. Each case will depend on its facts – what the breaches were, how they affected the further performance under the contract, etc – only a court can really decide this.
In any event, whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 2 years ago.

Hi Ben thanks for this - on the order form I only signed the payment part - I didn't sign the part at the bottom accepting it - does that make a difference?

Also I noticed the name says "Aalok Shah" - thats not me - I didn't write that bit

Expert:  Ben Jones replied 2 years ago.
A contract does not need a signature to become legally binding. It takes an offer, acceptance and consideration to forma contract – it is clear that they offered you the course, you accepted it and you gave consideration in the form of the payment so the contract would have still been in place and legally effective. This is therefore a non-issue.
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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