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Alex J.
Alex J., Solicitor
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Experience:  Solicitors 2 years plus PQE
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Money Back Guarantee by email. If I am looking to take coaching

Resolved Question:

Money Back Guarantee by email.
If I am looking to take coaching by someone in the United States who has sent a 90 day money back guarantee by email, is that sufficient and legal?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
If this was in the UK, then you would be able, as a consumer, to hold this person to that guarantee. If they did not refund you could sue them in England.
The problem with this money back guarantee is this person is based in the United States. If they refused to pay you, you would have to enforce this in the USA. This would undoubtedly be time consuming and expensive. If I were I you a better guarantee is to pay this person by credit card, if you do not receive the service you then have the protection of S.75 of the Consumer Credit Act. How much are you paying this person?
Kind regards
AJ
Customer: replied 1 year ago.

Hi AJ,

Thanks very much for your answer.

It is $2,500 USD so approximately £1,650 depending on the rates at the time I make the transaction.

They advised that if I pay via Paypal it will give me better protection but I'm not sure if this is the case. I could pay via credit card via Paypal.

So would the CCA help if the service is from someone in the US?

Thank you.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
CAA s.75 protects any purchases over £100 less but less than I think £35k.
The fact that it is in the US does not matter. If you do not receive the services contracted for, the credit card company is jointly and severally liable and must refund you. It MUST be an English Credit Card (not a debit card).
Kind regards
AJ
Customer: replied 1 year ago.

Thank you, ***** ***** So to cover what you have advised about the CCA, is that the same if I pay using the credit card as the payment method via Paypal?

Finally, just to clarify, the email recaps all the features provided by the person as a service to me and at the bottom it states;

'Don't forget that there is a 90-Day Money Back Guarantee, if you don't get to a level of $1k per month within next 3 months.'


Is this sentence sufficient for the money back guarantee?

Thanks again.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Yes - you are signing a contract with them so as statement it is an acceptable guarantee, but it is of no use if they refuse to pay and you have to sue them in the US.
As long as you can show that the credit card payment is made for specific services you will be protected. It may be worth just calling your credit card company to confirm what their policy is on Pay Pal payments.
Kind regards
AJ
Customer: replied 1 year ago.

I am not signing a contract as such, they have offered the service via email with a summary of the services to be offered and the money back statement at the bottom of the email. If I decide to go ahead with the service, I need to send a payment via Paypal so all I will have is this email but nothing physically signed.

So is the email in itself enough?

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
A contract does not need to be written, the act providing services for money is a contract in itself. The emails are evidence of the contract.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3614
Experience: Solicitors 2 years plus PQE
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