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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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On July 23 I signed up to an online trading system. Due to

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On July 23 I signed up to an online trading system. Due to a sudden change in my personal circumstances I asked for a refund.
My request was refused. See below:
Upon checking our records, we can see that you have logged into the members area. As you will be aware from the terms & Conditions and from the information contained in your welcome email, once you have logged into the members area you can no longer have a refund, except under the terms of the 145 day refund.
You of course benefit from a 14 day period after purchasing from us in which you can 'change your mind', but obviously that only applies up until the time you have logged into the members area, as at that point you receive the product in its entirety and have 'unwrapped the package', so to speak. This type of product consists solely of information, and so once you have had access to that information, clearly you can no longer 'give it back'.
We made it really clear on the main sales page, as well as in the terms & conditions, and in the welcome email we sent you, that once you had actually accessed the member's area you would only be able to claim a refund under the terms of the 145 day guarantee, and not under any other circumstances. We also said that, if you didn't access the member's area, you could cancel within 14 days and get a full refund. This is in very large print on the main sales page in the Guarantee box as follows:
"... I'm aware that sometimes people have the best of intentions but never
quite get around to even looking at what they order ... I know this because
I've done it myself, more than once!! I also know the other thing which can
happen is that sometimes people order something and then almost immediately
change their mind!
Should either of these things happen to you, in other words if you find that for whatever reason you haven't accessed the members site then you have 14 days after you've placed your order to send us an email and request a refund."
So as I'm sure you'll see, we cannot now provide a refund under the 14 day guarantee, as the terms of that were very clearly that you must not have accessed the members area if you wished to make a claim under it. However, you do of course still benefit from the 145 day guarantee. I urge you to look again at the system and begin to use the methods, with Tony's guidance.
I'm sure that if you make the returns promised, you'll be delighted. If
however you don't make the returns we say you can, but have done everything
we ask you to and can send in the log required as per the terms & condition, we'll happily honour our guarantee.
In addition to this information the below text is beneath the log in box on your members page before you log in for the first time on the members area.
The Consumer Contracts Regulations 2013 - Your Right To Cancel
I acknowledge that by entering my username and password ***** clicking on the 'Log In' button I am intending to enter the Member's Area and have access to the training videos and tutorials. I further acknowledge that I understand that I have fourteen (14) days from my date of purchase in which to cancel my order and receive a refund of all monies paid, provided I have not entered the Member's Area. I realise that entering the Member's Area, for any reason whatsoever, inside that fourteen day period means that I cannot then cancel my order. I understand that I will still be eligible to obtain a refund of all monies paid under the terms of the additional 145 day guarantee which forms part of my contract
Admin team
I can't follow their argument that by logging into the members area means a refund can't be given. This seems unreasonable to me.
The only way to see whether it is suitable is to explore the instructions, videos etc in the members area.
Hello my name is ***** ***** I will help you.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you.

I would prefer to avoid legal action if possible.

You never mentioned if their terms and conditions are valid. The value of the refund is just under £3000.


No I dont think they are. In particular Regulation 5 of the unfair terms in consumer contracts regulations 1999 states:
5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Does that clarify?
Customer: replied 2 years ago.

Yes, thank you.

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