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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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I'm a sole trader organising English lessons. One of the customers

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I'm a sole trader organising English lessons. One of the customers enrolled on a 9 week language course preparing for employment. The class didn't run but instead the client was offered a 12 week general English course and a 4 week employment course as a replacement to which she agreed. She attended 9 out of 12 (general English) and 2 out of 4 weeks (employment). Without any earlier complaints she now claims she didn't like the courses and demands money back for the remaining classes. What do I do?
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was there a refund or replacement clause in the original agreement?
Customer: replied 1 year ago.
No. And there was no written agreement apart from the terms and conditions on our website.
Expert:  Ben Jones replied 1 year ago.
So she is prepared to pay for the classes she attended?
Customer: replied 1 year ago.
She paid for 27 hours of classes. In replacement she received 34 hours and there are 13 remaining hours that she could use, but she doesn't want to. Instead she wants me to refund her the money for the remaining 13 hours. So she got more than she paid for and wants money back on top of it.
Expert:  Ben Jones replied 1 year ago.
Initially she did not get what she had paid for, although he did agree that she would be happy to take on the replacement classes you had offered her. These were for more hours than what she had initially paid for, although it would also be relevant if the level of content and the teaching was of an equivalent standard. So if the original classes were supposed to be more detailed and advanced but the current ones are not, just because she is getting more hours does not mean that their value would be the same. Also you need to determine why she does not feel the lessons are any good and would like a refund. Just because she has changed her mind will not be good enough, however if she has a valid reason such as she can demonstrate that the replacement was so different to what she had initially purchased that it was unreasonable to expect her to go through with it, or the quality of teaching was so poor, then she could have a reason to ask for a refund for the rest. In any event do not just agree to compensate her – challenge her on the reasons and ask for full details on why she is doing this. You can argue back if you do not agree with her reasons. You cannot be forced to issue a refund anyway – this can only happen if she goes to court and wins and there is no guarantee she will ever go that far. So you can either try to give her a small refund to make her go away or refuse to pay anything and let her take this further, knowing she may never actually go as far as court. If she does, then you can reconsider your position and offer a refund to stop the claim. 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
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46743
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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