Was told I could get a refund, now being refused

PlayGirl

Basically in January I paid upfront for 10 horse-riding lessons (€250), after having already gone to two separately. Each week either I or, mainly, my instructor had to cancel. Although I cancelled once or twice too I found this very unprofessional on his part as it was always very last minute, even though he had me booked in at the exact same time every week.

So, by the start of April I realised I no longer had enough weeks left to finish out my lessons, and also that with all the cancelling it wasn't worth it anymore (I am going away for the summer, and have college exams, so needed my lessons over by around now). So, realising this I text my instructor asking how many lessons I had left, I was told 8 (€200 worth) and I explained that I wouldn't have time to do them etc and I was told a refund would be organised. This was at the very start of April.

Since then I have been contacting him to try and arrange the refund, to which he has almost completely ignored. On 3 separate occasions I was told I could meet him at X day at Y time, only for my calls/texts on the scheduled day to be ignored again.

Today I text, again, to see what the story was as circumstances have changed and I can no longer wait for the money (not that I ever could tbh, I just didn't want to be rude), and I was told that I can either do my lessons or get a gift card.

Where do I stand? I need the money back, and after all of this unprofessional-ism I no longer want to keep dealing with these people, even if I were to return to horse-riding.

No contracts were signed about the upfront payment, just a health/safety leaflet, and as I said I was told a refund would be arranged.

Any help is really appreciated.
Thanks

Procrastastudy

How many lessons have you attended? How many have you cancelled? Do you have texts from the ones your instructor has cancelled?

PlayGirl

GCDLawstudent wrote: »

How many lessons have you attended? How many have you cancelled? Do you have texts from the ones your instructor has cancelled?

Out of the ones I paid for in bulk, I attended 2.

I have all of the texts, but as I said I have also had to cancel a few lessons (EDIT: 3 in total cancelled by me, 5 by him from my texts).

Procrastastudy

Hmm... I think you'll have to just reach a compromise. If it was 1 cancelled by you then you could say I'll lose that one. You could then say you feel he had breached the contract by cancelling lessons. With the situation you've described him cancelling could be seen as a quid pro quo for letting you cancel. That's just my take on it based on nothing but watching Judge Judy.

Maybe try and flog the gift card on adverts.ie?

PlayGirl

GCDLawstudent wrote: »

Hmm... I think you'll have to just reach a compromise. If it was 1 cancelled by you then you could say I'll lose that one. You could then say you feel he had breached the contract by cancelling lessons. With the situation you've described him cancelling could be seen as a quid pro quo for letting you cancel. That's just my take on it based on nothing but watching Judge Judy.

Maybe try and flog the gift card on adverts.ie?

I was never charged for the ones I/he cancelled, but when I asked him about cancelling all of my lessons I had left (8) I was told a refund would be organised, and I was then strung along and ignored for a month before finally today being told otherwise.

I'm not sure what type of compromise could be reached, I can no longer do my lessons and was told I could get a refund. Also, after I replied to his text about the gift card, my 2 replies were ignored, so he is not the easiest to have a conversation with it seems.

I have already lost out as when I started my lessons I bought a hat etc, which is obviously no fault of my instructors but it leaves me more out of pocket. Also, every week I did go I had to do more of a 'warm up' as I was not going as regularly as I should have, therefore was not getting the most of it

Procrastastudy

If you've proof he offered you a refund I'd write a polite but firm letter detailing that if you do not receive a refund within 21 days of the date of the letter you will be going to the small claims court.

About the only thing I can think of. Hopefully someone will have better advise.

Having dealt with a fair few equestrian establishments they normally aren't the best run places.

PlayGirl

The text I have is "Yea I'l organise something for you.......blah blah.......... Give me until next week and I'l organise a refund then"

And then two texts on separate occasions saying when we could meet for said refund.?

Procrastastudy

Letter then - but thats not legal advice or even a definate answer that the Small Claims Court deal with such cases. Just what I'd do.

PlayGirl

Thank you, was just making sure what I had was infact sufficient evidence.

I do hate to complain, but its quite a bit of money and I am not being weasled out of it

Procrastastudy

PlayGirl wrote: »

Thank you, was just making sure what I had was infact sufficient evidence.

I do hate to complain, but its quite a bit of money and I am not being weasled out of it

No way to know I'm afraid.

PlayGirl

Thanks for the advice!

If anyone else has more please let me know!

RangeR

PlayGirl wrote: »

Thanks for the advice!

If anyone else has more please let me know!

Yup. Stop with the texts. Phone calls or written registered letter.

Faolchu

RangeR wrote: »

Yup. Stop with the texts. Phone calls or written registered letter.

only problem with phone calls is there's no record of what was actually said. so he could agree over the phoen then deny he agreed to it after the fact.

send him a registered letter outlining your complaint and your proposed resolution, inform him should he fail to come to some form of compromise then you shall have no alternative but to take it up in the courts. keep a copy of this letter for your own records give him an adequate amount of time to respond say 14-28 days. if he doesnt come to some agreement then contact teh local small claims court and put your complaint to them and await their decision.

remember to keep teh text messages where he has already said he would sort something out, if possible get photos of these messages or something. also if possible have some way of proving this is his number other than your contact list so a copy of his advert/business card etc so when you put your complaint to the courts you can say "here is my complaint, he offered a refund on this date here is the text to prove it, i have yet to receive said refund and here is my letter to him requesting it one final time"

the fact that he said he would refund you will stand to you in the small claims court i would thing

PlayGirl

Thanks for the advice.

I honestly have no idea what I would write in a letter/how to word it or lay it out, I've never made a complaint about anything before, its all new to me so any advice appreciated

Procrastastudy

Jesus Christ you're high maintenance!

Their Address

Your Address

Their Address

Your Address

Their Address

Your Address

15th May 2012

Dear Mr. Dude,

I write to you in reference to the promised refund for horse riding lessons. I refer you to you text of <date> where you stated "text" and to your further text of <date> stating "text". As you have promised me a refund and have failed to provide it I feel I have no alternative but to take the matter further. If I do not receive a refund within twenty-one (21) days of the date of this letter I may issue a claim in the Small Claims Court against you.

I expect to be refunded for seven lessons. This accounts for the two lessons taken and the lesson I was forced to cancel. As I have already pointed out I am unable to avail of the remaining lessons as I am leaving the country(or whatever reason). This would not have been an issue, but for the fact, you have cancelled lessons on five separate occasions:

<Date> : Text
<Date> : Text
<Date> : Text
<Date> : Text
<Date> : Text

Please forward a postal order or cheque for the amount of €175 to my address given at the top of this letter. Alternatively I will arrange to meet you one final time. However, as you have failed to turn up for these meetings before I would ask these be at <place> for my convenience.

Yours Faithfully,
Playgirl

PlayGirl

Haha I wasnt expecting the whole thing ! but thank you thats perfect