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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47889
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been conned by a fitness franchise company

Customer Question

hi
i have been conned by a fitness franchise company
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail
Customer: replied 1 year ago.

hi

i have been approached by a fitness franchise company called fit4less

i nitially attended their discovery day and decided not to proceed due to lack of funds require , they approached me again after couple of months in regards ***** ***** resale of an existing franchise. The head of franchise for Fit4less was a party in the deal , he came up with a lump sum deal to me and asked me to pay a franchise fee as part of the deal even though it was a resale of a franchise he said to me the process won't start until i pay the franchise fee to him so they made me disgn up a franchise contract, they also referred me to thier known solicitor to review the franchise contract who never raised any queries and charged me fee for that now the deal was about to complete and they pulled out and refusing to refund the franchise fee to me

Expert:  Ben Jones replied 1 year ago.
As this is a civil matter where the other side is refusing to give back funds held by them when they should no longer be, you will have to consider the civil legal route to try and recover these. 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: a) Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.b) 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.c) 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 trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

hi

as i mentioned above , it is a matter to do with a franchise

i would like to know what's my options are

they made me pay the money fraudulently and i have signed the franchise agreement

it's not a debt ,

my point is that there is no sale to me so they should be refunding the franchise fee

Expert:  Ben Jones replied 1 year ago.
It is a debt - it has become one as it is money paid by you but should now be refunded as no sale went ahead - so it has become a debt. So the steps I outlined above are still what your legal options are and the only way to pursue this matter further
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