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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I signed up VIP mentorship experience with

Customer Question

Hello,
I signed up for a VIP mentorship experience with Progressive Property along with their 4 day Masterclass during one of their one day events.
I put an initial deposit (1/3 of the purchase price) to secure my place in the program. I was contacted by phone a few days later to review the package and it's components.
On the call I was informed that the person who signed me up should have taken 1/2 the deposit instead of 1/3 so I was asked to pay again and the package was updated to include the VIP and to remove the extra spot I booked for a friend on the Masterclass. I paid the additional amount and waited for an email confirmation.
After a few days of not receiving any communication I chased up the individual I spoke to on the phone. I asked for written clarification of the prices and a breakdown of what I had paid and what was left to pay. After a free few tries and no response I gave up trying. At this point I also had not recieved any contract, terms or receipt of payment other than what I recieved at the event, which only covered the Masterclass and not the VIP.
I placed the VIP on pause and decided to start it a few months later in January. In February I recieved notice that I owed more than I believed I did, but I had nothing to go back and confirm against. I worked out a payment plan but I still think I am being overcharged and they are now threatening to add a 17% surcharge for the ability to break the remaining balance into payments as well as threatening cancelation of the program.
I want to continue with the program, but I am unable to pay the additional amount and I honestly don't believe I owe as much as they say. I would like to come to an amicable agreement, as I would like to continue the program. I just don't want to be paying more than initially agreed.
What can I do in this situation? What responsibility do they have to provide a contract and breakdown of pricing?
All the best
Kofi
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello Kofi my name is ***** ***** I will help you.What is it you want to achieve please?Alex
Customer: replied 1 year ago.
I would like to not have to pay any more money and finish the VIP program. It's a year long and I have 8 more months left.
Expert:  Ash replied 1 year ago.
Did you book this online or over the phone? Did they ever send a cooling off period notice?
Customer: replied 1 year ago.
I booked the Masterclass and paid the deposit for that in person in person August. I was upgraded to a package deal which included the VIP program over the phone later in the week. Nothing was sent out to me regarding the VIP programme. No terms, no contract, etc. I started the program in January and was informed I needed to pay more in February. They sent a reciept and price breakdown in February.
Expert:  Ash replied 1 year ago.
Did you get a copy of any terms and conditions?
Customer: replied 1 year ago.
I didn't receive anything after confirming my purchase of the VIP program
Expert:  Ash replied 1 year ago.
But would the overall cost of the program be the same at the end? Its just the stage payments you dispute?
Customer: replied 1 year ago.
Apologies for the delay. These notices are coming to my junk mail instead for my inbox.I'm disputing the payment full stop. I think they're overcharging me or there has been some error in their accounting. I'm also unclear what my situation is and what the laws are around not receiving any written information or confirmation of the transaction and terms.
Customer: replied 1 year ago.
As far as I know I have made all the necessary payments. The additional money they're asking for now is, I believe incorrect.
Expert:  Ash replied 1 year ago.
Have you paid this overpayment, or just refused to?
Customer: replied 1 year ago.
I'm waiting on the outcome of this conversation to respond. I need to know what my options are.
Expert:  Ash replied 1 year ago.
Your options are:1) Seek a refund on the payments given. You need to ask this in writing and make sure you send a recorded delivery copy.If they refuse to refund you then you can issue a claim. You can do this online at: www.moneyclaim.gov.ukIf the value is £10,000 or under this will be a small claim and therefore you dont need a Solicitor.2) You can seek a Court order instead of a refund that they make you teach the course for the price agreed.Again if they refuse you need to complete form N1, but you are asking for an order for specific performance (making them do something), rather than a refund.The process is the same, the Court will list the matter for a hearing and decide what to do.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
On what grounds am I making these requests? What law or regulations or policy backs this up?
Expert:  Ash replied 1 year ago.
It would be under contract law which is common law, so no act of Parliament. Or if you wanted to claim that they had changed the deal, ie failed to act with all reasonable skill and care, or the services provided were not as described it would be the Consumer Rights Act 2015.Does that clarify?Alex
Customer: replied 1 year ago.
It does help a bit.
1. What particular statude in common law or contract law does this refer to? Is there anywhere that this is written in black and white that I can point them to? I seriously doubt a customer service employee is going to be as well versed in contract law as you are.2. Same sort of question... What part of the consumer rights act covers this? Again I would need something in specific that I could point them to.Thank you!
Expert:  Ash replied 1 year ago.
1. If it was agreed that X would take place and they wont honour it that is breach of contract of an express term and therefore no Act of Parliament covers this. This is a matter of terms which were agreed and broken.2. If you are claiming under the Consumer Rights Act 2015 for breach of failure to act with all reasonable skill and care it would be Sections 9-11 and S.49Does that clarify?Alex
Customer: replied 1 year ago.
Thanks AlexPoint 2 is clear.In this instance where it's a "my word against yours" how is agreement X defined? Who has the burden of proof? They can say "we wouldn't have agreed to that" and I can come back with "and yet you did" but there's no written proof either way as there was no contract, etc. Does that make sense?
Expert:  Ash replied 1 year ago.
The burden of proof is on you as Claimant. It comes down to who the Judge believes on the day, on balance.Does that clarify?Alex
Expert:  Ash replied 1 year ago.
If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/