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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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Morning. I paid service. It was and

Customer Question

Morning.
I paid for a service. It was for assistance and advice- a "mentoring" relationship. The service was sold as the answer to my problems and I was given details of what would be included in the service. The service was to be assistance and guidance on a particular topic for a year.
The service received provided was ridiculous- it had nothing to do with what had been sold-the provider asked me to set goals, even selected me on the goals set and none of my goals have even been discussed, much less covered: basically I didn't get what was promised; and I have been ignored by the service provider since month 6.
I received no receipt for my funds (although I paid online -paypal - as the provider travels the country) and I received no cancellation terms for the service.
What can I do to get my money back please?
Thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Did you purchase the service as an individual (consumer) or as a business?
Customer: replied 1 year ago.
Hi Tara, good morning.
Thank you for your response.
I purchased as an individual.
Customer: replied 1 year ago.
(Sorry, hello Jenny...whoops!)
Expert:  Jenny replied 1 year ago.
Ok thanks how much was the cost of the service?
Customer: replied 1 year ago.
Thank you Jenny.
The service was £3,999+VAT
Altogether it came to £4,794.
With all the people he has ripped off this last year he has made £180k and not delivered the service paid for...
I just want to be back to square 1: without all the debt.I am a teacher and I start in 10mins, I'll then only be able to respond after 4pm. Hope that is ok.
Expert:  Jenny replied 1 year ago.
Hi you need to write to him and say that you require a full refund on the basis that the service was not as described and was not of reasonable quality, therefore you are entitled to a full refund under the Supply of Goods and Services Act 1982. You should give him 7 days to respond.
If he does not refund you bring a claim at money claim online, www.moneyclaim.gov.uk
You can also report him to your local trading standards and ask for a reference number to use in your letter before action.
Good luck with this, under the circumstances you are entitled to a refund of your money.
Expert:  Jenny replied 1 year ago.
If there is anything further you would like to know about this please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
Dear *****ny,
Thank you for this.
I have three further questions please.
1. Do I open the trading standards complaint before or after sending the initial request waiting for 7days for the refund?
2. Will the claim cost me more than I will get back (he's a big company, and I'm just a school teacher); I'm so scared of being in more debt (as he said would happen if I reported him)..
3. Could I draft up a letter and you take a look at it please; I anticipate it purely being short and to the point, as you have stated? (Do I need to tell him in the letter he has 7days to refund?) xThis is quite scary for me.
Thank you for your assurances.
Tracy
Expert:  Jenny replied 1 year ago.
1. Yes, you can use the reference you have been given in correspondence and refer to the fact you have reported them to Trading standards.2. No the claim will not cost you more. There will be a fee to raise the claim (£205) but you can recover this if you win your claim. 3. I am more than happy to read a draft letter I will offer this as an additional service.
Customer: replied 1 year ago.
Thanks Jenny,
I can't draft it just yet as I don't have enough information...
(From Q3 above):
Do I need to tell him that he has 7 days to respond?
Does only what you said need to be in the letter?Thanks,Tracy
Expert:  Jenny replied 1 year ago.
Yes Tracy, it need to give 7 days to pay, if he has provided some level of service then you should be clear where he has failed to provide the service you contracted with him to provide.
Customer: replied 1 year ago.
Thank you Jenny. I have just sat down to draft the letter; I will accept your offer and have it to you shortly.
But: I have been warned by the others in this situation that he uses the "but you are a trader" excuse to wiggle out of it.
I am a teacher and have sent contract teaching money through an umbrella company run by a payroll service.
I am also the director of a limited co through which I send exam board work and tutoring money through:to mitigate my tax liability.
The course was supposed to be about reaching personal goals of buying an investment property.
It turned out it was not about that at all, but can he use the "you are a trader" excuse on me?
Thank you, Tracy
Expert:  Jenny replied 1 year ago.
Hi no they cannot use that against you if they have not provided the service you paid for and have misrepresented the service.
You also can argue it is a personal purchase given that it is nothing to do with the aim of your limited company.
I look forward to receiving your draft in due course.
Customer: replied 1 year ago.
Morning Jenny,I have looked up trading standards and to have an issue referred to them, I must call the helpline active between 9am and 5pm. So will need to get a reference number at a later date.
After the threats he has made to others in the group (i.e. threatening to take them to court and laying multiple charges and only arriving to one hearing so they have multiple fees to pay/making sure they go bankrupt and he gets their house, etc - - all these threats have been made in writing!), I am more than a bit scared. This guy is big in the industry.
But I need to fees back because he did not deliver what he sold us.Does your "Review of Draft letter fee" include helping to rearrange/change wording/draft the letter properly and legally, or is the fee purely to give me a yes or no as to whether I can use what I write?Thank you, Tracy
Expert:  Jenny replied 1 year ago.
Hi it will help you with amending wording if necessary.
I can understand why you are concerned. Many business use these tactics to put people off.
You should stick to your guns otherwise he is getting away with it.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know about this as I note you have not yet rated my answer which is an important part of the process and I am not otherwise credited for the time I have spent answering your question. Thank you.
Customer: replied 1 year ago.
Dear *****ny,Thank you. I have drafted the letter. I will send it on in another link. It will complete the payment for you at that stage as well as put in escrow the payment for the draft letter.
Do you have any other possibilities other than the small claims court to bring this guy to justice?
There are 14 of us confirmed that have been taken for a ride by this guy.Thank you, T
Expert:  Jenny replied 1 year ago.
No the only possibility is the small claims court.
There is no other legal action that can be taken.
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Dear *****ny,
Thank you for your help in looking at the letter I have drafted.
I, unfortunately, am unable to attach the letter here could you send me contact details (your email add) please?My questions are:
1. What do you think about the letter itself?
2. And the giving him 7 days to refund seems a bit useless to me without giving him details of how to refund it. Unless it implies he ought to send a cheque?
3. Should I use his home address or his business address?
Any feedback or corrections, or assistance would be helpful. I feel like a huge fool being taken for a ride by this guy.Kind regards,Tracy
Expert:  Jenny replied 1 year ago.
Hi you should be able to see my contact details below.
Customer: replied 1 year ago.
Thank you Jenny,
My year and 14 days are up on Tues (that how long Trading standards said I had due to not receiving Ts&Cs), so I need to post letter at latest tomorrow if this is going to happen.
Eagerly awaiting your response. Thanks, Tracy
Expert:  Jenny replied 1 year ago.
Ok Thanks I will respond by gmail.

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