Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Bought Misleading Online Course Based In USA

    Hi all,

    I am really sorry but I do not know where to put this.

    I bought an online course. It had a no refund policy and was based in the USA. After going through it - I have realised that the claims made in the sales pitch were very misleading and some were lies. As what is stated in the course is quite different to what is stated in the salespitch.

    I asked for a refund and was told flat out that it would not happen and then was told that everything I said was wrong - my perception and the facts and that he could prove it. Then was told he would not respond to anymore messages about it.

    I have spoken to several other people who have felt mislead too. They have been successful at taking the company to small claimsicon in the USA. In fact there seems to be quite the awful trail if you look for it online.

    I have contacted my credit card company about this and I am waiting to hear back. The amount was £600.

    As the company is in the USA - what can I do about this? Will the credit card company help me or do I need to do something else?

    Any help would be greatly appreciated.

    I get that they had a no refund policy which would have been fine if the salespitch hadn't basically lied. I know the UK law does specify that marketing should not be misleading etc...however as this is a USA company I am not sure how to deal with it.

    And yes I know I was dumb and it is the first time I have fallen for this crap and I am disappointed in myself but well live and learn and I know it won't happen again.


  2. #2
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    Default Re: Bought Misleading Online Course Based In USA

    Your credit card provider is equally liable for this mis-sellingicon (under section 75 protection), so to avoid the complications of it being a US company: You've done the right thing:
    a) asking the company for a refund, and
    b) informing the credit card company.

    Given the company has refused a refund, if the credit card company do as well, threaten the credit card company with taking a small claimsicon action out against them in the UK

    Purchases from abroad are covered, so don't be put off.

    What I'm unsure of is the potential 'wrinkle' that if you do have to issue a 'small claimsicon track' claim,
    the card issue may refer you to the T's & C's of the purchase,
    so if there is a term regarding applicable law.

    They won't be able to argue jurisdiction (that it should be heard by a US court), since you aren't suing the US company but the UK card provider ..
    ... but they might try to argue that any assessment of misrepresentation should be heard according to US law.


    owever, they'll likely settle before then (the cost to the card provider involved with it going to the initial arbitration stages the card provider will be required to use by MasterCard or Visa will make them likely to settle a claim for £600-odd that has a good chance of success before it reaches that stage).


  3. #3
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    Default Re: Bought Misleading Online Course Based In USA

    yep go do a section 75 reclaim


    dx


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    Default Re: Bought Misleading Online Course Based In USA

    name the company too


    dx


  5. #5
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    Default Re: Bought Misleading Online Course Based In USA

    Thread moved to the appropriate forum.

    Regards

    Andy


  6. #6
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    Default Re: Bought Misleading Online Course Based In USA

    So I finally got a reply from my credit card company and they said this:

    "In this instance we have no clear evidence of a breach of contract or misrepresentation by the merchant, the points you have raised regarding the marketing content are subjective to interpretation by each individual and their personal opinions.

    As there can only be a valid claim under Section 75 if it can be evidenced that there has been a breach of contract or misrepresentation from the merchants we would be unable to progress your claim."

    I don't really get how they can say that.

    I sent them the marketing video and pointed out the false claims made compared to the actual content received. They aren't subjective because the content given isn't what is said they would give in the video and marketing material.

    I sent an independent report from a company who assessed the claims versus the content too.

    I have also spoken to several other people who have gotten refunds due to the misrepresentation.

    So what do I need to do next?

    Thanks for you help


  7. #7
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    Default Re: Bought Misleading Online Course Based In USA

    Send them a letter before actionicon, noting they have 14 days to reconsider, or you will ask a court to decide. Only send this if you are willing to carry this through if they don't reconsider.

    If they don't refund you, issue a county courticon (small claimsicon track) claim, holding the credit card company equally liable for the misrepresentation, and allow a court to decide if you are correct that there was misrepresentation, or that they are correct that there wasn't.


  8. #8
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    Default Re: Bought Misleading Online Course Based In USA

    Thanks for the help. I don't feel like the evidence I gave was subjective but am wondering if there is someone I could get to look it over beforehand? Obviously..the fact that this same information was given to other card companies who instantly refunded made me assume that it is enough evidence. So not sure.


  9. #9
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    Default Re: Bought Misleading Online Course Based In USA

    Hi
    I have sent my letter before actionicon today.
    They gave me the tesco complaints address to send it to...which is glasgow based.

    Is this going to be a problem for a small court claim?
    Does it need to be an England address?

    I have a feeling I will be putting the claim in in a few weeks time so want to make sure that it being a glasgow address is ok?
    I am not sure what other place I am suppose to send the court claim - they just told me the complaints address.

    Thanks for the help


  10. #10
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    Default Re: Bought Misleading Online Course Based In USA

    that's ok


  11. #11
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    Default Re: Bought Misleading Online Course Based In USA

    ok thank you


  12. #12
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    Default Re: Bought Misleading Online Course Based In USA

    No, the matter will be decided in a court near to whwre you live so english law will decide. Tesco are a UK based co that act under english law so being in scotland wont change anything


  13. #13
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    Default Re: Bought Misleading Online Course Based In USA

    I got a text message from Tesco a week or so ago...saying they would respond.

    It's been over the time I alloted them

    today I was about to set up the small claimsicon thing
    - hwoever I got another text message from Tesco saying sorry their response is taking longer than I wanted.

    So do I wait?
    And how much more time should I give them?


  14. #14
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    Default Re: Bought Misleading Online Course Based In USA

    why a text message to a written letter?

    I would be inclined to phone whoever it is sending the texts and tell them thatyou expect a written response as required under Civil Procedureicon or it goes to a claim withour further notice.

    the do just that rather than make more noise.

    You could phone and ask for their litigation dept to get a name or it will be sent to the name of the CEO of Tesco's as he is responsible for everything legally speaking


  15. #15
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    Default Re: Bought Misleading Online Course Based In USA

    I received a lettericon response this morning that they are uoholding the decision...so next step I guess is small claimsicon. I don't really get it considering I know people have received refunds from their card companies. I sent all the same information.

    Any advice on how to word it?

    Thanks


  16. #16
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    Default Re: Bought Misleading Online Course Based In USA

    Also I think the problem is..when I asked for a refund, access to the course was taken away so I can't show the difference between course material and the salespage - is this the problem do you think. Not sure why others are able to get refunded on the same information though.


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    Default Re: Bought Misleading Online Course Based In USA

    If they’ve removed your access to the course earlier than the contract allows : that alone is grounds for a refund.


  18. #18
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    Default Re: Bought Misleading Online Course Based In USA

    Well Tesco do not seem to care so just going to pursue small claimsicon now. Hopefully they will look at it properly. Tesco were not interested in any of the information or the additional information I could have provided.

    I will name the course name. It is an Anthony Morrison course. Fan Page Domination. All his advertising says FREE method - he even has high profile people endorsing it - but it is all a lie. The material doesn't reflect it whatsoever. There are just over 1000 members in his facebook group for it and not one success story - if someone feels misled their message gets deleted.

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  19. #19
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    Default Re: Bought Misleading Online Course Based In USA

    I ended up doing the fosicon route not realising how crap they are.
    They have come back with verdict that they didn't find it misleading.

    Is it still too late to do small claimsicon court or can I now do that.
    I bought it last April now and its nearly a year on.
    The FOS took ages to respond.

    I want to now send tesco another letter before action and then do small claimsicon against them.

    I am part of a group of people who got done over here and all of them have been successful.
    They are all USA based and their credit cards had no problem refunding them..
    .so I feel I should push it to let a court decide.
    .but of course only if I still can otherwise I get I will have to let it go.

    Thanks


  20. #20
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    Default Re: Bought Misleading Online Course Based In USA

    You've already given Tesco (I'm assuming as the card issuer) a lbaicon. Which should have said that you could issue a claim without further reference to them??

    If so, don't give them any more chances and just issue the claim. For £600 they'll probably just settle it without a fight to be honest, it would cost them more to defend than the claim is worth.



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