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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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    Hi @ "M" and thanks for your interest. Daughter originally saw the course advertised on the organisations Facebook page. There are terms and conditions on the organisations website BUT there is nothing in them about when THEY decide to change a course from 3 days to 2 days or make any changes for that matter.
    After an email and a phone call daughter eventually got an email confirming receipt of her deposit back in September.
    The organisation is recognised as legitimate by the SQA (Scottish Qualifications Authority) and supported by all sorts of charities so not a con, however, their way of doing business is dreadful and customer care non existent. I tried contacting the SQA but oh surprise your typical jobsworth I spoke to confirmed the organisation was vetted by them but any disputes between them and customers was nothing to do with them.
    I asked the employee of the SQA if he had paid a deposit on a 3 day holiday and was then told within 2 weeks of the holiday that the 3 days was going to be 2 days, would he be happy to pay the full amount for the holiday or at least be given the option to have his deposit refunded or agree a reduced price for the holiday. "I see your point" was his reply!
    This whole situation has arisen because the organisation has not got enough people for the course to run at a decent profit for them so instead of cancelling the course they have cut their costs by a 1/3 and are saying the few people who are booked to do the course won't miss out despite the course being reduced in time by 33%. Daughter hasn't even had the courtesy of a sorry over the whole of this mess.
     
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    • Charlie996

      Charlie996 Gardener

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      You pay a deposit based on the content or form of the product or service.

      The content or service changes due to the provider.

      This nulls the contract as it is not what was indicated and indeed agreed on when the deposit was paid and the agreement is or was formed.

      The provider therefore has broken the contract so the person who paid is entirely entitled to cancel and the deposit MUST be returned .

      It doesn’t matter how clearly it stated the deposit was non refundable as the contract was broken.
       
    • shiney

      shiney President, Grumpy Old Men's Club Staff Member

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      That's quite correct - unless it's a minor change and the terms and conditions state that minor changes do not qualify. In this case I would say it was a major change.

      There are many court cases about that particular point.
       
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      • silu

        silu gardening easy...hmmm

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        Many thanks both @Charlie996 and @shiney. You have just increased our resolve that we are now certain to issue proceeding unless the organisation refunds Daughter's deposit within the 5 working days she gave them yesterday. The governing body daughter forwarded the correspondence to hasn't even had the manners to acknowledge receipt of the email as requested to do so. Oh boy what is the green and pleasant land coming to? Nowadays they want your money pdq and after that they are doing you a favour by actually doing anything for it. Yes there were changes needed in employment law whereby someone could be sacked without good cause but now it seems you can do what the hell you like, make loads of mistakes and nobody says boo to a goose about it.
        My very 1st job after stopping playing pro tennis was in a bank dealing with trusts in the city of London. If we didn't get the books to balance at night we ALL stayed until the mistake/discrepancy was found. This concentrated the mind on doing a good job. When the MD is breathing down your neck at 2am wanting to know why there has been a ba..s up you make damn certain not to make the same mistake again!
         
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        • shiney

          shiney President, Grumpy Old Men's Club Staff Member

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          Don't let the B......s get away with it. :paladin:
           
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          • Charlie996

            Charlie996 Gardener

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            It costs very little to fire the first round in these small claims procedures. The other side when they receive the paperwork saying it’s your intention to proceed 95% of the time give in.

            It is they who are in breach of the original contract and it’s terms not you so they will loose. This they most certainly will not want to do !!
             
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            • silu

              silu gardening easy...hmmm

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              A quick update folks. All fixed and deposit refunded:yes:. It took a while but eventually the right people got to hear the right story and it is not impossible that heads may roll over this. All very unpleasant, however no real damage done. Thank you all for your support and wisdom.
               
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              • Scrungee

                Scrungee Well known for it

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                And when you get refund you deserve, diss them on every possible website/forum/etc. you can.

                Others should be made aware.
                 
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