Martial Arts Club - can I change my mind & get refund? ***Resolved***

[Dogactor87]

They don't have any direct debit details so can't charge more. Does this mean that the whole 7 days consumer rights thing doesn't count in this situation? I thought that if you haven't used the service or item within 7 days then you can be refunded even if the company policy says different.

Also, my mum has said she will try to call and explain that I don't wish to do it and that he put a mentally disabled person in a situation that caused pressure and resulted in a term called shut down (what I said earlier about not being able to think) and it's one of the reasons I had carers for years and that it's only in the last few years that I've tried going independent. She has also said that she could tell him that a Specialist in my condition can also agree on this and that I shouldn't of agreed to it without my advocate agreeing to it also.

[BankFodder]

7 day consumer rights cooling off periods applies to things bought over the phone or on the internet. Not here, I'm afraid

[BankFodder]

I have already said above - do everything in writing. If you want, go round there and put your case but go with a letter which explains what you have said.

 

If you think that a doctor will agree to give you a letter saying that you do not have the capacity to make a contract - because you are not really in control enough to make such contracts freely or you don't understand the significance of a contractual obligation, then you are probably in an excellent position to deny the contract and your chances in a legal action would be better than 95%.

 

However you need to work quickly and they need to be in possession of the letter which I described above by Monday. You need to show that you acted with alacrity.

[Dogactor87]

7 day consumer rights cooling off periods applies to things bought over the phone or on the internet. Not here, I'm afraid

 

Isn't paying via paypal over the internet?

[BankFodder]

Nice try - but I'm afraid that the Distance Selling Regs apply to the selling of the goods or services - not to the payment mechanism - so, sorry. No.

[rebel11]

Hi Dogactor87

 

You used Paypal, but how exactly do you use your Paypal account?

[Dogactor87]

Hi Dogactor87

 

You used Paypal, but how exactly do you use your Paypal account?

 

I signed into my account on his laptop after he set up a payment thing and just pressed accept or whatever the option button to pay was... Pay now.

[Dogactor87]

How about this?

 

 

1/5/2014

 

Dear Mr Chan

 

I hereby inform you that I am cancelling any contract that you might consider you have with me and that you should consider this letter as formal notice of that cancellation.

 

I require the return the £397 that was transferred to you via PayPal because I consider that your standards fall below those which you would reasonably expect of such an organization and that you are also in breach of your own rules.

 

In particular, you have failed to provide me with a copy of the club’s Code of Conduct and Risk Assessment as required on page one of their risk assessment document and I asked to try the classes first and was told I couldn’t do so, yet your website and the FMA website says you offer a 30 day free trial membership and I wish to know why I was told differently. You said your course is based on honesty and yet I feel lied to due to not being allowed to do this option. If you will refund me and let me do this trial before committing to your course then I feel that would be an acceptable compromise and regain my trust in you and your company.

 

Also, despite the fact that I informed you that I have a form of Autism, you disregarded it and I consider that you took advantage of my condition as a vulnerable adult by pressuring me into paying money on the spot without a proper trial or time to consider it causing me to go into ‘lock down’ which is part of my condition, which means under stress I struggle to process information and understand what is being said to me or asked to sign. A specialist in Autism or my doctor can provide a letter confirming this and that I was not in a fit state to agree to such a contract without an advocate or guardian present.

 

Finally, I believe that the registration documents and insurance documents have not been completed or they have not been properly completed because they were never drawn to my attention or explained to me properly and a copy of them and any contract given to me. Therefore any membership, which you might have agreed to cannot be recognised and therefore the contract has not been properly completed.

 

In any event, I attended your gym on the basis of a free 30 day trial but when I did attend I was surprised to find that I was put under pressure to commit myself to an immediate paid membership without benefit of a trial, apart from a 10 minute session with yourself. Furthermore, it was explained to me that if I tried to take advantage of the free trial, my eventual membership would be £200 more expensive and no equipment provided and this means that the free trial is illusory and is merely a bait to get prospects into the gym.

 

I consider this as unacceptable behavior and that it amounts to an unfair commercial practice under Consumer (Protection from Unfair Trading) Regulations 2009. If I do not have an immediate refund, then I will report you to Trading Standards who have the power to prosecute for breaches of CPUT. I will also be sending this letter to your head office.

 

Yours Sincerely,

 

My name

Edited May 1, 2014 by Dogactor87

[Dogactor87]

My mum went with me to see him tonight and we took the letter but she explained about my Aspergers and that I hadn't understood everything correctly and that I'm not actually allowed to spend amounts that large without consent from her or a carer first. He was very understanding and has agreed to transfer the money back minus the PayPal charges and very happy with that and feel like a great weight has been lifted. Thank you everyone for all the advice and helping me through it. I have learnt my lesson and will in future call my mum or carer before saying yes to anything or even better only go if they are present or say no and that I have to think about it first.

[slick132]

Hi Dogactor and thanks for the update on your case.

 

I hope this is an end to the matter but please let us know that you have the money safely back in your account.

 

If the money is not back in your account within 7 days, let us know and we'll consider what further action may be needed.

 

[Dogactor87]

I just got an email saying my account has been credited. Thank you again for the help, you all helped me not break down completely and it means a lot to me.

[stu007]

Hi Dogactor87

 

Have you checked your Paypal Account to ensure the correct amount has been credited back?

[steampowered]

Well done to you and all those that helped, great result

[BankFodder]

This is excellent news - well done.

 

And well done to the Family Martial Arts Academy in Chester who have handled this very responsibly and very decently.

 

The majority of these kinds of clubs and gyms are not nearly so easy to deal with and seem prepared to go the final mile to keep any money which they have been given by their clients.

Clearly you have found an exception.

 

Maybe should should go back to them and see if they will explore some other way of giving you some access to the clubs facilities which suit your condition and will not result in such a full committment.