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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 71378
Experience:  Qualified Solicitor
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I have a question about whether I have any rights to claim a

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I have a question about whether I have any rights to claim a refund,
JA: Where are you? It matters because laws vary by location.
Customer: after withdrawing from an online programme . It offered 12 coaching sessions for health advice etc. and my primary aim was to lose weight. It cost £5,000 full payment at the start. After 8 sessions I withdrew as no weight had been lost and the advice was minimally beneficial as I knew most of it. I was desperate to lose weight and made that clear.
JA: What steps have you taken so far?
Customer: But the accounts department of the programme Nosh detox has refused any refund saying I signed online that absence or withdrawal for any reason whatever did not qualify for a refund. They offered me further Nosh programmes I am interested in as I feel none would be of benefit to me. Do I have any other means of redress for a refund - I suggested a payment to cover the cost of the unused sessions which would be £1800, one third of the total cost.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I don't think so thank you.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Hi there. When did you sign up to the programme? If possible, please copy and paste their refund policy on here?

Customer: replied 17 days ago.
On 16th June before I had the first coaching session.
I don’t have a copy or email of their refund policy except what was said in recent email.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Customer: replied 17 days ago.
Sorry, I don't want to pursue this question any more as I didn't realise you were from USA and it would cost
me more if you rang me. I think I need to consult an English solicitor who knows the situation probably more.
But thanks for your help. I don't want any further monthly cost also. Sally

Hi there Sally. I am a UK based solicitor and can assist you with your query. You have already paid for a written response and that is the part I will continue helping you with. I will get back to you at the earliest opportunity. Many thanks

Customer: replied 17 days ago.
I have found their Refund Policy online - it is here.Online Courses & Refund PolicyAll cancellations for our online courses should be done within 7 days of the purchase day. This may be done via email or contacting the office during regular working hours (Mon - Fri: 9.30am - 6pm and Sunday: 10am - 5pm). We regret that we cannot offer refunds after this time.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.

The course does not appear to have its own cancellation policy which means that you will not have the right to cancel and get a refund under its own terms. You would therefore have to rely on your consumer rights instead but for that you need to show that the course did not satisfy certain legal requirements.

The law that covers this is the Consumer Rights Act 2015 and you can find the part about services here:

https://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/4/crossheading/what-statutory-rights-are-there-under-a-services-contract/enacted

Specifically:

“Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.”

In addition, any information or promises that the provider supplied you with will also be taken into account and if these are misleading or fail to materialise, you can also challenge them on that basis for a refund, at least a partial one.

Whilst you cannot force them to refund you, you can consider pursuing them further in the event that they are not willing to reimburse you and to do that you need to make a claim for compensation.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

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