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    • Good morning,   I just left bigmotor and return the vehicle. Staff from bigmotor wasn’t helpful they start from the beginning I need to have appointment. They mentioned there is no one today from after sell who can assist me today aswell. After few min  manager come to talk with me and collect all documents. All conversation has been recorded with full names for both people who was dealing with me in the store.   Thank you     
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.


      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Swimming lessons, no refunds and no alternatives

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I have a small problem with the swimming pool:


I enrolled my daughter for swimming lessons and all was well for about 6 months.


Eventually she moved up to stage 3


but after a few lessons her new swimming teacher decided she should go back to stage 2

(Daft ASA classification insists on perfect strokes and a variety of them too but that's another story).


Apart from the humiliation I wasn't too impressed with the handling of the matter so I cancelled the lessons.


Since we pay in advance the pool owes me 2 months.


I asked whether I could use the balance for something else but they said no,

"money paid is not refundable or transferrable".


My issue is that since stage 2 is too easy and stage 3 too advanced

their services do not suit anymore.


All they offered is to freeze my membership for a month which is no use whatsoever.


The terms and conditions do not say anything about refunds or transfers so some consumer law should apply.


There is also the small matter of a lesson cancelled by the pool due to lack of teacher where, according to their terms,

they should have offered me lesson free of charge which of course never happened.


It takes two days to get an email reply from some daft woman and the receptionists are equally daft and have no decisional power anyway.


It is not a lot of money but I HATE being fobbed off!


Any idea where I stand and what can I do about it?


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The law would be contained in the Supply of Goods and Services Act 1982.


However, I'm not sure what would apply here. You aren't saying that they haven't done their job correctly - only that your daughter wasn't up to level three yet but not because of the teacher's fault.


I think that it is a bit silly of the school not to be more flexible - but they may be wihtin their rights.


As far as the missed lessons - clearly you are entitled to a pro rata refund

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Hi Phalkera and welcome to CAG


You need to take a close look at the T&C's of the agreement which I assume you signed.


You say there's nothing about refunds or transfers but is anything mentioned about cancellation.



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Under "cancel your membership" it just asks to notify them in writing at an address. This apparently applies to "Membership" which is not necessarily the same as "Swimming lessons membership" and it doeasn't mention anywhere about cancelling the swimming lessons membership. I filled out a form when I cancelled so I hope it's ok, they didn't give me a copy of it (worrying) but it didn't say much anyway unless there was something at the back of it. As I said these terms and conditions have omissions and are generally vague on other points as well.

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In fact I think "Swimming lessons membership" is not at all the same as "Membership" since elsewhere it says about freezing your membership and in brackets (not applicable to swimming lessons membership).

I'm pretty sure the form I signed when I cancelled was the direct debit form.

In my last email I told them that it doesn't say anywhere that money paid is not refundable or transferrable so they either refund me or offer me an alternative and gave them a couple of options which would be acceptable. I don't think I'm being ureasonable but since it takes 2 days for them to reply I feel that it's just a procrastinating tactic and they hope I'll go away. Grrrrr

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Hi Phalkera,


I see two possible ways forward :-


1. The swimming teacher should not have moved her on to the next stage if she was not ready for it. Putting her back down a level is, as you say, humiliating for the girl. Therefore you should insist on a pro rata refund unless the provider can show clear T&C's which you agreed to waiving rights to such a refund AND those T&C's are fair to you as the consumer.


2. Save yourself the time and trouble of arguing over something trivial, forget it and move on.



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Hi slick132,


Thanks for your reply, most appreciated.


I'll return them the favour by slagging off their swimming lessons to all my friends:razz: but yes, it is trivial and not really worth the hassle. Let's hope they don't start chasing me for missed payments...

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Please let us know if they make any demands from you.



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Have to agree with slick132 you need a copy oy the "T+C for Swimming Lessons Membership" but also you should be asking them why you were never provided with a copy of the "Swimming Lessons Membership T+C".


You require a full explanation and a copy of there Cancellation Policy for Swimming Lessons Membership.


You also require a full explanation as to why your daughter was moved from "Stage 2" to "Stage 3" and after XX months was being moved from "Stage 3" back to "Stage 2" as the way in which this was handled by your staff was humiliating for your daughter.


Due to these circumstances and the actions of your staff this is why I cancel that membership and have been refused a refund.


I also require copies of the following:


1. Complaint Procedure.

2. Customer Care Policy.

3. Swimming Lessons Membership Policy and Procedure.

4. Swimming Lessons Membership Terms and Conditions.

5. Swimming Lessons Membership Cancellation Policy.

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