How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48190
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

I paid in advance training course on February

Resolved Question:

Hello,
I paid in advance for a training course on February 29th 2016 for £20,000+ which had a 14 day refund clause stating that if I cancelled within 14 days I would get a full refund.
I cancelled the training on 11th March and I received a letter dated 16th March that I would get a refund and that they 'would naturally do everything in our power to expedite this process'. I paid £18,000 directly from my bank account and the remainder on credit card. I was told in the letter that the refund to my credit card could take up to 45 days.
I have sent several emails requesting immediate refund of at least the £18,000 and received various responses with various excuses. The latest is that the director is away in the states and can't authorise it until he comes back!
Is there any legal action I can take - or threaten to take - if for example, my refund is not paid into my bank by Monday 11th April?
What is my legal position please?
Thank you
Penny Oliver
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello are you willing to wait later than 11 April?
Customer: replied 1 year ago.
Not really - I've waited since 16 March...
Customer: replied 1 year ago.
What I'd like to know please is can I say something like 'if payment is not recieved by xx/xx/xx then I'll take legal action' ... which might be - what?
Thanks
Expert:  Ben Jones replied 1 year ago.
Sure let me get something in place and I will reply shortly
Expert:  Ben Jones replied 1 year ago.
Hello again, so 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. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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.
Thanks Ben, that's very helpful, I will leave a positive rating.A few questions:
can a letter be sent as an attachment to an email or does it have to be posted? (recorded delivery?)is an email considered an informal reminder?would it be possible to claim interest on the money outstanding, if so what would be an acceptable %age and timeframe?and/or could I claim compensation? - the delay is now causing me to incur borrowing costs to cover expenses I can't pay because the money has not been refunded.Thanks
Penny
Expert:  Ben Jones replied 1 year ago.
Hi Penny, it does not have to be posted - it is just recommended as then you have proof that it was delivered to the recipient. But an email can also suffice - in fact sending of the letter is not a legal requirement but it makes you appear reasonable in trying to resolve this so what is why it is recommended you do it. So before that you can also use email for the informal reminders, although again you can skip that step if you wanted to. You can claim interest and the standard rate is 8% plus the Ban of England rate so currently it would be 8.5% overall. That would be charged from the day the debt became outstanding, so as an example for a sum of £20k at 8.5% per annum, you can get around £4.65 for each day the repayment remains outstanding. As to additional compensation you can try and get that but it will not always be given - it has to be a direct cost incurred as a result of a breach of contract by them (i.e. late refund against their terms) and you could not have avoided it. You can always include it ad have nothing to lose by doing so - then the court decides whether to award it or not
Customer: replied 1 year ago.
Well hopefully it won't come to that and they'll respond to my letter before action!Thanks very much for your help - have a good weekend..!
Penny
Expert:  Ben Jones replied 1 year ago.
You are most welcome and all the best If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - 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
Ben Jones and other Law Specialists are ready to help you