14 Day Cooling Off Period Dispute Advice for an Online Purchase

AntoinetteMary · 20-04-2024 12:03am #1

Hello,

Would very much appreciate feedback here please.

I was seeking someone to assist me in my marketing, sales, positioning etc after investing a lot of money and two and a half years creating a beautiful holistic healing & empowerment journey for women leaders through the chakra system using original artwork. I was keen to get going ASAP obvs. Having done a few other coaching programs with an overwhelming amount of digital content, I was interested in a very simple method and working with a mentor and small group and to feel ‘seen’ and ‘heard’.

This lady got in touch with me and I signed a contract with her to support me as a start-up in my marketing, messaging, positioning, selling etc on Friday, 05.04.24. A lady with over 20 years’ experience. I expressed that I am a single mother of two teenagers and had no cash-flow when we were initially chatting.

She quoted E10k for her 6-month mastermind program! I said it was absolutely impossible for me. She encouraged me to do it. She offered monthly E1k payments over 10 months. I thought that if she's as good as she claims, I'm sure I would be able to sell and thereby cover the monthly E1k subscriptions. So I decided to go for it and borrowed 1k to make the initial payment and thought I would just need to 'jump in' and go for it!

After joining the group ‘mastermind’, part of the group and access to digital content I didn’t feel directed as to where to start and was told that it was going to be a ‘steep learning curve’ and that it would be like getting a ‘master’s in marketing’! This was not what I signed up for. I wanted a very simple and quick way to get going with the support and accountability factor of an experienced mentor in this field.

We were to have a VIP Day in a hotel in Dublin on Wednesday 17th April and go through all aspects of my business etc. After being part of the community for a few days and getting a taste of the content etc. I decided that it was too much and wasn’t feeling confident that I would be able to make the E1k monthly subscription payments and was feeling nervous and that this would be a huge pressure on me which I didn’t need.

I decided to bow out of this. Cancelled on Saturday 13th April (she had 4 days’ notice before the VIP day). On Monday, we had a zoom chat and she gave out to me/reprimanded me telling me that she had lost out on the cost of the meeting room for the hotel; accommodation; childminder fees; transport costs which I don’t believe as she had 4 days notice to cancel all arrangements.

On Monday 15th April, a further E1k was taken out of my account (my rent money) without my authorisation. She said that it was my fault in how I clicked when originally signing in!?

We spoke and slept on it. I decided it was too long and not for me and asked a number of times to return my 1K ASAP. She suggested an intensive for May instead. She said, “you have already paid E2k so just need to pay another 3.5k and you will be able to avail of this”! I told her it was not possible for me to get another loan and I repeated that I wanted my money back to pay my rent.

She wasn’t listening to me.

I said I didn’t want to go ahead and wanted to cancel out of the whole arrangement and wanted a FULL refund of my E2K.

She said she was keeping 1,082 for cost incurred and loss of earnings and she was going to pay me the balance.

I disputed this and have spoken to Citizens Advice Information and told to make a claim in Small Claims Court if she wouldn’t pay.

I have sent her a few emails re this, and she says she is getting legal advice and will not be at a loss over this. I said I will escalate this to the Small Claims Court and a formal complaint to CCPT and a review on Trustpilot.

She is accusing me of harassing, threatening and bullying her! And she has taken 2k from me!!

A very stressful situation when I am trying my best to get my business off the ground.

It looks like she is not going to make it easy for me. I was not going to let her get away with returning less than half when I cancelled within the 14-day cooling off period.

Does she have any rights/leg to stand on in this case? I will definitely put in a claim and do all which I mentioned above but not looking forward to the stress of it!

Thank you in advance for reading this and your feedback.

Antoinette

callaway92 · 20-04-2024 12:07am

Plaster her name and business all over social media. If she blocks you, create dummy accounts and do same over and over

AntoinetteMary · 20-04-2024 12:18am

Thanks @callaway92 for your feedback. Not a pleasant situation at all

Del2005 · 20-04-2024 7:42am

Cancel your direct debit and request a refund for the unauthorised transaction she did, as you cancelled before she took the money.

https://www.ccpc.ie/consumers/money/banking/paying-bills/

banie01 · 20-04-2024 10:36am

The 14day cooling off period is a consumer protection for business to consumer sales, it doesn't cover business to business. Unfortunately it seems you contracted to a B2B service, your decision to terminate this service would be governed by the cancellation terms within the contract.

If you have entered a B2B contract, you have no protection via the CCPC or other "normal" consumer protection routes. Also, you mention going to the Small Claims Court, if you have a stateable case, I wish you a quick and fair resolution. I would counsel though, that if you entered into a B2B contract with the provider? That you may well be liable for the full amount outstanding and that the other business may well countersue in the district court for the outstanding amount.

Now, if you signed a contract, even B2B, that included the 14day cooling off period? Then happy days, your cancellation is enforceable.

As a commercial/business customer you aren't entitled to the same level of consumer protection as non-business consumers. I hope you can get sorted as this is a horrible way to learn this lesson.

AntoinetteMary · 20-04-2024 11:23am

Thank you so much for your response.

I have spoken with Citizens Information Centre a number of times & have been advised by them to take this to the small claims court to get the full amount back. I mentioned to them that I entered this for the purposes of helping me get my business over the starting line. It isn't yet.

There was no cooling off period or cancellation/refund policy on the contract. I was advised from Citizens advice that I was protected by law even if it wasn't on her contract.

I entered into the contract to help my business get over the starting line. As far as I understand, I entered this contract as a consumer & there was no mention of my business name in the contract, only my full name. As currently, I do not have a business, there has not been any trading.

I absolutely do not want to be liable for the full amount. Do you think it better to just take what she was offering & leave it at that?

Ay further feedback would be appreciated.

Thank you.

Dav010 · 20-04-2024 11:32am

If the service provided was for business owners or related to starting a business, then you may not meet the criteria for bringing a claim under consumer law. What this is likely to come down to is the terms agreed to in the contract with the service provider. Unfortunately this reads like a case of buyers remorse.

Jim2007 · 20-04-2024 12:03pm

https://www.boards.ie/discussion/comment/122041076#Comment_122041076

Advising people to break the law and to do it in a dim witted ways is not helping anyone.

Jim2007 · 20-04-2024 12:18pm

Here is the thing, in Ireland a consumer buys goods or services for personal use. From what you have posted, you are not a consumer, you are a business buying services from another business…

So what that comes down to is, that you can expect to be held to the terms and conditions of the contract you signed up to and in this particular case the provisions of the contract covering an early termination. So you need to get out the contract and find out how you go about cancelling it…. Given the amount involved, it might be worth spending a few hundred Euros on proper legal advice.

Also, remember that every business is entitled to it's good name, so ignore suggesting of leaving bad reviews or treating the business owner with it. Because at this point it is not at all clear that you are in the right and as a result the counter claim against you could end up being more than the 10K.

AntoinetteMary · 20-04-2024 12:58pm

Thank you so much. This is extremely helpful. A pity those taking calls from Citizens Information Centre are not more informed!

I have called my bank requesting a chargeback for the second 1k taken from my account.

I don't feel I want this hassle & will only slow me down more in getting my business over the line. So I don't think I will proceed with the claim.

Would you suggest me contacting her to advise same before she sees her solicitor next Wednesday & adds that cost my way?

Thanks!

banie01 · 20-04-2024 1:35pm

https://www.boards.ie/discussion/comment/122042127#Comment_122042127

Citizens advice are offering you the correct advice if you were a consumer, rather than a business. The advice they've offered doesn't cover a business case.

I would suggest that you speak to a solicitor regarding your position. I don't want to stress you or upset you in the least, and you certainly shouldn't put much store in the advice offered by anonymous internet posters.

Professional advice is going to be far cheaper than getting this wrong.

~~Can I ask though, are trading as a ltd company, a sole trader and does the name of your business or trading name appear on the contract?~~

Nevermind that question you've answered it above. The only other question is, despite your mentioning you have yet to actually trade. Is, whom the service purchased was intended for? It does appear you signed up for a course intended for business owners, to develop their business and marketing strategy. That's not a service a "consumer" customer has need of. It is obviously a B2B service and I'd expect any knowledgeable advisor to advise you on that point. Unfortunately the CCPC and Citizens advice fall into a pattern of cookie cutter "consumer" advice without addressing whether it's a B2B or B2C sale.