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Looking for some advice re change to something a deposit has been paid on

Discussion in 'Off-Topic Discussion' started by silu, Nov 21, 2017.

  1. silu

    silu gardening easy...hmmm

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    Wonder if any of you smart people can give me some advice?. My daughter booked to go on a course which was for 2 days and then an assessment day the following weekend so 3 day course effectively.
    She booked to do the course and paid a "non refundable" deposit of £200 some time ago.
    As she would need to book accommodation near to where the course is running she contacted the organisers to find out where the venue was as it had not been decided at the time of booking where exactly the course was going to take place. When she contacted the organisers a couple of weeks ago there appeared some doubt as to whether the course was going to run or not due to lack of numbers so daughter held off booking accommodation.
    Yesterday she eventually heard that the course is going to run but instead of it being 2 days of training and another day for the assessment the course and assessment is going to be run over just the 2 days as there are not many people attending the course.
    Daughter is not happy about this and feels (so do I) that there should be some reduction in price for the course as effectively it's a 1/3 shorter. Obviously the organisers are cutting costs due to lack of numbers.
    She emailed the organisers saying she felt there should be a cost reduction and that she had booked a day off work to attend the original 3rd day. She got a curt email back not acknowledging the fact she had booked a day off work for now nothing and was informed the 2 days would cover the same amount of training and the assessment ,hmmm very unlikely, so there was not reduction in cost, .
    As I see it the organisers took the deposit for a 3 day course not 2 and I think my daughter should be entitled to her deposit back if they are not prepared to reduce the cost of the course.
    What do you think? The course runs over the 1st weekend in December so there is not a lot of time to get matters resolved
     
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    • Jiffy

      Jiffy The Match is on Fire

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      @shiney good at this sort of thing
       
    • miraflores

      miraflores Total Gardener

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      Hi silu, a £200 NON REFUNDABLE deposit seems a lot for a course that doesn't even have a venue ready in good time... Have they clearly specified when you gave the deposit that the course would be only 2 days in case of low attendance?

      Most definitely I also think that you are right in asking for a reduction. Why don't you call Trading Standards and see what they say...​
       
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      • ricky101

        ricky101 Total Gardener

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        Sounds a very strange course ??

        Hopefully she paid by credit card so contact the card provider because its likely there is a breach of contract or possible fraud... the non returnable deposit sets the alarm bells ringing for me, no reputable company would be demanding such terms.
         
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        • shiney

          shiney President, Grumpy Old Men's Club Staff Member

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          Without having seen all the details it seems fairly simple to me.

          Although it's not so unusual to have non-refundable deposits that doesn't give them carte blanche to completely change what was being offered. It would appear that as they have made a significant change to what was advertised she would be entitled to her deposit back.

          I would be inclined to write/email to them stating that fact and say that as they have made a significant change (reducing the course by a third) that she is entitled to cancel and to receive the return of the deposit. Failing to receive the return of the deposit she would then consider it a breach of contract and shall take action through the Small Claims Court and would also consider asking for recompense for any consequential loss.

          At the top of the email write:- WITHOUT PREJUDICE

          Some info for you:-

          https://www.mhc.ie/uploads/use-of-the-term-without-prejudice-jason-harte.pdf

          How to use the small claims court

          Keep it as simple as possible for a first email but point out that as there is such a short time before the start of the course time is of the essence in order to resolve the matter in a reasonable manner.

          You should be determined to actually go to court over it if they become obstinate. Usually taking out the summons is all that is necessary as most people rarely bother to fight it.

          Good luck :dbgrtmb:
           
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          • silu

            silu gardening easy...hmmm

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            Thanks both @miraflores and @ricky101 . As far as I know Miraflores, Daughter has had no actual T&Cs re the course and I'd have a large bet there is nothing to say the course is reduced to 2 days if attendance is low. Up here in Scotland I think the way to trading standards is through the CAB, I'll check, good idea. Unfortunately ricky she did not pay bey credit card. I do think it is breach of contract though as the deposit was taken for a 3 not 2 day course. Neither Daughter or I are "pussycats" and will not be made mugs off because some organisation overestimated demand and expect the few that do want to attend to accept an inferior, shortened, cost cutting course.
            i just want to try and find out the legal position before creating!:)
             
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              Last edited: Nov 22, 2017
            • silu

              silu gardening easy...hmmm

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              Oh many thanks @shiney, you replied while I was posting. Will get daughter to write email this evening and I would have no hesitation in threatening/going to court on this 1 seems pretty straight forward to me but there again, "law is an ass"
               
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              • ricky101

                ricky101 Total Gardener

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                @silu Same here in England, the public cannot get though to Trading Standards it all goes to a CAB central phone center, so be aware it is not a freephone, well not in England.

                I doubt they could offer much more than what @shiney has detailed, but it could be worth a call as there may be a chance if a good few others have logged a similar complaint that may possibly get TS directly involved.

                If the past, business wise, if normal letters of persuasion failed, always found that a LBA worked , though it was provided via a solicitors office, but only costing £2 as a business service in those days.
                For today see - Step one: Write a letter before action
                 
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                • shiney

                  shiney President, Grumpy Old Men's Club Staff Member

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                  Contacting the Trading Standards will not, directly, resolve the issue. They normally (especially nowadays) deal with the principle and not directly with the action - although that sometimes does resolve it. Reporting the situation to them is still a good idea as they will only take action if more people make similar reports. Don't expect it to solve your direct problem.

                  Ricky's information is good but a first letter, as I mentioned above, may solve the problem easier (don't forget the 'Without Prejudice' bit) as it may save you from all the little nitty gritty bits of the 'letter before action'.

                  A simple straightforward message stating the facts, as you see them, and what you want them to do about it sorts the problem out in a large percentage of cases. The Small Claims Court (a fairly easy procedure) sorts out most other situations. Remember:- as an individual taking out an action you are entitled to have the case heard in your local court and not in the local court of the business - even if it's them taking you to court. :blue thumb:

                  I had a case a few years ago when a business was taking me to court. They were only 10 miles away but used a firm of no win no fee solicitors in Liverpool (hundreds of miles away) and the solicitors took out the summons in their local court. This is quite a common trick they try to make you give up at the start. I wrote to the Liverpool court stating that I wanted it transferred to my local court (I pass it when I go shopping :heehee:) and accused the court of not fulfilling their duty properly by not advising me of my rights (also alluded that they were in collusion with the solicitors as the solicitors were next door to the court). The case was dropped immediately. :dbgrtmb:
                   
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                  • silu

                    silu gardening easy...hmmm

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                    Daughter has fired off an email demanding her deposit back. The email is polite but to the point! :fingers crossed: that will be enough for her to get her money back. Hey ho there are some right ones around these days. "The customer is always right" seems to be dead and buried these days. Again many thanks for your advice.
                     
                  • shiney

                    shiney President, Grumpy Old Men's Club Staff Member

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                    I think that most people get the quote wrong. I've always considered it to be "The customer is always right - BUT...!" :heehee:
                     
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                    • silu

                      silu gardening easy...hmmm

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                      :mute: They are not playing ball, they haven't even apologised for various other cock ups which I won't bore you with. They think court action are idle threats, WRONG. Having 1 last go at the governing body in England and if they don't see where their Scottish branch are being idiots then we WILL go to the small claims court over this.Not clever for them as they have a Facebook page which won't make good reading should daughter decide to let people be aware that the organisation is 1 big bully who thinks they can just dictate to their customers what they decide to change without any by your leave.
                       
                    • ricky101

                      ricky101 Total Gardener

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                      Think folk like them they show more concern over bad comments on their Facebook and Twitter pages than court action, so would go for it, but just be factual , no liabalous comments.

                      Still let their uk headquarters know you intend to go for court action as no reputable company wants a CCJ on their record, they might see more sense than your local branch.
                       
                    • silu

                      silu gardening easy...hmmm

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                      Thanks @ricky101. Heard nothing back from the headquarters yet but maybe hear something tomorrow. Daughter's phone went 3 times in as many minutes and she recognised the number to be that of the guy running the course who she has neither met nor corresponded with. She decided quite rightly that there was little to be gained from having a possible shouting match over the phone and did not answer. She is doing a law degree and from that discovered it is considered much better to stick to 1 avenue of correspondence. The dealings she has had have predominately been through email as they are seen as legal documents if necessary. The good news is I found out there is now a relatively new way of issuing proceedings in Scotland called a Simple Procedure whereby you can instigate proceedings and get a decree for as little as £18 court costs up to a claim of £200 which is what Daughter would need to instigate if no refund is forthcoming.
                      She has refrained from making any comments on the likes of Facebook so far, what perhaps would be most effective would be to announce on there and on Twitter that she had been granted a decree (the same as a CCJ) if things get that far which unfortunately looks likely.
                      None of my family have ever issued proceedings against anybody (felt like it on many occasions:)) however, it seems such a blatantly obvious case of breach of contract that I have no hesitation in encouraging my Daughter to go ahead if the planks are stubborn enough to refuse to repay her deposit.
                       
                    • "M"

                      "M" Total Gardener

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                      Please forgive me but I'm just a little confused (much can get lost/muddled in forum posts :redface: )
                      Where did she see the course advertised?
                      Could they have been within the "small print" where she saw it advertised? Also, when she paid her deposit, in what form was the receipt?
                      Good luck to her with her degree :thumbsup: In which case, she will be able to access free legal support from there (which looks like it will be needed to secure this case).
                       
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