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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 4057
Experience:  LL.B (Hons)
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I have a question regarding my business & a customer, St

Customer Question

Hi I have a question regarding my business & a customer
JA: Where are you? It matters because laws vary by location.
Customer: St Helens
JA: What steps have you taken so far?
Customer: I have contacted my insurance company but they won’t help me so far I haven’t contacted my customer back as I’m not sure on what to say
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No I don’t think so
Submitted: 16 days ago.
Category: Law
Expert:  Ben Jones replied 16 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 16 days ago.

I understand your query relates to a customer that has used your business. Please provide some more details of your situation. Thank you

Customer: replied 16 days ago.
Hi Ben Thankyou I will add some information regarding the case:I am a training academy in Liverpool I offer Semi permanent training academy. Fully insured & accredited training.I began to offer funded training courses in January for 12 weeks 1 day per week for 4 hours) this includes theory & practical training overall training hours have been: 50 hours and it includes extra home study days for my students to study at home in their own time. Usually these courses I offer are 3 days training per area. My training is longer & more in depth learning all aspects.I have had nothing but happy positive feedback with other students however I’ve had a student express a complaint which I will attach and I can discuss this further
Customer: replied 16 days ago.
File attached (G41GMM3)
Customer: replied 16 days ago.
A few things I’d like to highlight:1.) Uniform was provided however we had problems with our supplier no fault of our own. She asked for a medium size and she states that she couldn’t wear the uniform which she had been wearing for the past 3 weeks and never raised a concern.2.) She is complaining about a machine that we had problems with Royal Mail delivery she still had this with plenty of time to practice and she has been using this. She is stating that there was more than enough time however I have 12 students on courses and they was purchased together to avoid a huge delivery fee.3.) She states that “Home study days” was a way of been me booking events out. She knew prior to commencing the course that home study days was weeks where she would complete work set at home. They was not a day off and she did not have any less days and stating I “couldn’t run classes” she attended every class in the schedule there was no weeks missed.4.) They asked as a class for extra classes (I didn’t need to do this as it wasn’t in the schedule) but I offered everyone extra sessions and I have communication via email that she stated she couldn’t attend because she had booked “courses” elsewhere I put on multiple sessions that my other students attended but she did never attend.5.) Shes stating the course schedule was changed to “suit myself” this is not true I attended each session & performed each session via the schedule. If the schedule needed to be adjusted they never missed out on training time this will be to help my students complete work they was falling behind on. Including when she showed up late almost every session.6.) She is upset about the kit however I have communication I sent weeks ago araising her concerns offering to send her , invoices etc. She never contacted me back and carried on happily using the machine & needles provided with no complaints. I even verbally asked her if she was happy with everything and responded “Yes I’m happy with how the course is progressing”7.) Shes stating the manuals was never sent on the days that they was suppose to yet no communication from herself was made via the lip blush manual not being sent. She told me she had problems receiving files via “we transfer” but failed to tell me until days before the class.8.) She is stating that I rushed the course she asked to finish 1 week earlier due to other commitments she had I agreed, I have witnesses regarding this. I spilt the course up due to bullying and verbal abuse I recieved from herself. Her exact words was “I feel better we are now spilt up”9.) she’s stating my responses to messages are shocking however I have responded every single time she has sent a message across the only time I don’t answer is weekends as these aren’t my working hours.10.) never has she ever expressed how disappointed she was with the training since she has attended the full 12 weeks.11.) She is stating that she doesn’t know if I’m a qualified teacher or a legitimate course but she had 12 weeks to ask every quarion about my insurance & teaching certificates. I’ve recently moved into a new room upstairs but I always give everyone the opportunity to ask to see my credentials. So I’m unsure on why her concerns are being brought up right at the end of the 12 week course.12.) she is stating she had little to no practice on the training side but had 3 if not more practices on models in every aspect and she’s even advertising for case study models so I find this unfair.13.) 1RL & 3RL needles is what I use so I train in what products and materials I use. She had a section in her manual explaining other needles if she wished to branch out and try new ones.14.) shes stating she’s dissatisfied with the course and she doesn’t want to continue in semi permanent makeup because of the training but is advertising the treatments. She wants her full kit money back but she has used it for weeks with no complaints & been wearing a uniform which was tailor made designed.How do I respond and go from this please?
Customer: replied 16 days ago.
But she is now threatening her own legal advice, she signed a contract regarding the amount of £500 which stated non refundable / non transferable she knew this prior
Expert:  Ben Jones replied 16 days ago.

Thank you. Please copy and paste your cancellation / refund policy on here here. Just the relevant clauses please

Customer: replied 16 days ago.
This was what was signed by herself
Expert:  Ben Jones replied 16 days ago.

Thank you. Please also copy and paste your cancellation / refund policy on here; just the relevant clauses please

Customer: replied 16 days ago.
This was just what was sent to her
Expert:  Ben Jones replied 16 days ago.

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 full reply on here; usually the same day. The system will notify you when this happens. Many thanks.

Customer: replied 16 days ago.
Thankyou!
Expert:  Ben Jones replied 16 days ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 16 days ago.

My apologies, I have looked into your query in more detail but unfortunately it is not something I can assist with. I will therefore ‘opt out’ and a colleague better placed to deal with the nature of your query should hopefully pick this up soon. Please do not reply in the meantime as that will just assign the question back to me and you will experience a delay. Thank you

Expert:  RJM Law replied 16 days ago.

Hello, and thank you for choosing our service today. I am the expert who shall assist you with this opportunity

Please note, our service is conducted through emails and from time to time there may be a delay between answers and responses, this is due to the expert availability at the time.

If you do not receive a response immediately, please be advised I may be working through other matters however you shall receive a response as soon as I am finished with any live. However please be assured I will get back to you.

I will be able to provide you with guidance in relation to your question which should assist in clarifying matters and navigating the legal system. However, please note this does not form a professional client relationship.

I look forward speaking with you and providing help.


Expert:  RJM Law replied 16 days ago.

Thank you I am just reviewing this for you now.

Expert:  RJM Law replied 16 days ago.

Thank you for the question.  I am sorry to hear about his matter.  It really comes down to the fact they are claiming the events of their  complaint constitutes a breach of contract and therefore have chosen to terminate the contract, thus they don't need to pay for the remainder.  However if you dispute there has been a breach of contract, you can look at raising a small claims acton to recover your money.   If that is the case, you would both present your evidence to a judge who can decide if there is breach or not.   

Prior to intimating small claim proceedings, you will require to send a letter to the respondent. It is a simple letter stating that if they do remedy the matter as you have outlined (in the same letter), you will take legal action against them. This is referred to as a. pre-action protocol letter. You can complete the forms for a claims action easily online. You will have to highlight what the issues are and tell them how much you are claiming for, to be honest the first are straight forward and self-explanatory. If you feel you can do this yourself then you don’t really need to hire a solicitor, but I will provide details for you in case you feel you want to. You will then receive a response to the claim and a court date. On the day (unless they offer a settlement) you will appear at the local court and basically provide your evidence and give you claim to the judge, and they will response. The judge will assess the merits of the claim and defence and make a judgement this should be relatively easy for you to prove so the respondent may well offer a settlement in the meantime.

I shall provide you with a helpful link that will assist you in finding a solicitor/representative near your local area. This will provide you with someone nearby your area who can assist you if required.

I hope this information proved helpful. You will find a local solicitor who deals with these matters on the law society webpage which is as follows;

https://solicitors.lawsociety.org.uk/ (England)

https://www.lawscot.org.uk/find-a-solicitor/ (Scotland)

https://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/ (Ireland)

https://www.lawsoc-ni.org/solicitors (N. Ireland)

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Should you require any further assistance on this matter, please do not hesitate to post a further questions for additional assistance.

Kindest Regards.