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National Federation of Fish Friers - unfair Non-Refundable Course Deposit


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I'm afraid that I think that your only option is to sue them for the return of your money. Your action would be based on the unfair terms provisions contained within the Consumer Rights Act 2015 and in schedule two part one - http://www.consumeractiongroup.co.uk/forum/showthread.php?457747-Schedule-2-Part-1

 

And particularly the examples given at 4A and 5A

 

I think that your chances of success are extremely high – much better than 80%. I think the chances of them putting their hands up and paying you out as a "gesture of goodwill" so that you don't end up having dear to court are probably about 90% once you have this is the papers. However, I could be wrong.

 

It won't cost you very much to start the action but of course there will also be a hearing fee but all of these things you will get back if and when you win. If they suddenly offered to refund you then you must stick to your guns and insist on receiving all your fees.

 

They may well try to impose a condition of confidence. I would absolutely refuse this. There is no reason why you should grant them confidentiality. The whole thing is a rip-off and other people should know about it. If they try to get confidentiality they will bluff you and you will feel threatened but stick by your guns and there is no reason why your refusal to accept a confidentiality clause could prejudice your claim in any way stop

 

If you want to take a small claims action then there is lots of information on this forum. It is very easy to do but it is worth having read up about it so you know the steps. If you fancy doing this then I would suggest that you send them a 14 day letter of claim. During that time open an account with MoneyClaim – it's free – and draft your claim. Copied out to this forum and we will tell you if you are on the right track. It doesn't need anything fancy.

 

Don't expect them to cave in when they receive your letter of claim. Companies receive loads of these and nobody follows them up. However, when they receive the court papers then they will probably leap into action. Of course what is funny is that they will probably then instruct solicitors and they will end up spending far more trying to crush you then they would simply by paying you your money back.

 

Let us know what you want to do. We will help you all the way.

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Hi,

 

Thanks for your reply!

 

I'm just having a little look at the claim online website, thinking about how to word my claim in the summary box.

 

Would it be best to select 'If you wish, you may also send detailed particulars direct to the defendant. If you need to do this, please tick here'?

 

And should I claim interest under the County Court Act?

 

This is all new to me, but I am certainly not prepared to give up without a fight!

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Yes, and yes.

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I have written this draft in the claim summary section:

 

"I wish to make a claim for a course deposit

payment made to National Federation of Fish

Friers on 10/03/2017

 

The payment amounted to a total cost of

458.00, paid via credit card and was used to

reserve a course place for 04/12/17 to

06/12/2017.

 

I informed the National Federation of Fish

Friers of my intention to cancel my place on

the course, citing my recent ill-health that

would make it impossible to attend.

 

National Federation of Fish Friers have

refused to refund my course deposit, making

reference to a 50% cancellation charge within

the course terms and conditions.

 

I wish to claim this money back the Unfair

Terms provision under the Consumer Rights Act

2015. I make reference to Schedule 2, Part 1,

Terms 4A and 5A."

 

That has used up the entire word/line allocation.

 

And should I claim interest from the course deposit, or from when I first made them aware of my wish to cancel?

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I have written this draft in the claim summary section:

 

"I wish to make a claim for a course deposit

payment made to National Federation of Fish

Friers on 10/03/2017

 

The payment amounted to a total cost of

458.00, paid via credit card and was used to

reserve a course place for 04/12/17 to

06/12/2017.

 

I informed the National Federation of Fish

Friers of my intention to cancel my place on

the course, citing my recent ill-health that

would make it impossible to attend.

 

National Federation of Fish Friers have

refused to refund my course deposit, making

reference to a 50% cancellation charge within

the course terms and conditions.

 

I wish to claim this money back the Unfair

Terms provision under the Consumer Rights Act

2015. I make reference to Schedule 2, Part 1,

Terms 4A and 5A."

 

That has used up the entire word/line allocation.

 

How about this: –

 

the claimant seeks the return of £458 paid to the defendants by way of a course deposit on 10/3/2017. The claimant opted to cancel his course reservation but the defendants refused to return the deposit. The defendants rely on a contractual term which purports to allow them to keep 50% of course fees in the event of a cancellation.

 

The claimant seeks the return of this sum on the basis that either the term of the contract is unfair under the Consumer Rights Act 2015 or alternatively that by withholding the claimant's money, the defendant is applying an unlawful penalty contrary to common law.

 

The claimant seeks XXX pounds plus interest pursuant to section 69 of the County Courts act 1984

 

And you don't need to tick the box that you will send a fuller particulars of claim later. What you have here will do fine.

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  • 1 month later...

Well done. Don't withdraw the claim until you have the money. Make it clear to them that they must pay first before you will withdraw any court actions

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Also, they may subsequently require you to give an undertaking of confidentiality . You should refuse this . It's not part of the deal and it won't affect anything else.

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well done

ruddy fleecers!! got a bloody nose

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks :)

 

Just one more thing...

 

They have sent the settlement payment by cheque, despite my status being non-resident and having no access to a UK bank account. I did ask if I could have the payment made by bank transfer, having a borderless account of sorts, but they said this wouldn't be possible as the cheque has already been sent/received.

 

Am I in a position to request how I wish the payment to be made e.g. return of cheque/payment to a bank account? I would prefer to avoid the hassle of opening a new bank account solely for this one payment...

 

I have kept the claim file open as advised.

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