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No Refunds Policy, removal of services, asked for help due to medical reasons.

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  • No Refunds Policy, removal of services, asked for help due to medical reasons.

    I am looking for some advice in regard to a company I am currently trying to resolve an issue with. There are a number of complexities and I really appreciate any advice.

    I have been a client of this company for five years. I am a part of a subscription training element where I pay a monthly fee (paid on a two monthly basis) on a rolling basis that comprises of in person classes and an online group.

    Last November I reached out to the owner to ask if it would be possible to pause my membership. Admittedly in the email I said personal reasons but I had been open on the group about problems with anxiety, and complications with my disability (both ME and depression) and the sudden unexpected death of my father to which the owner had replied. I asked as the owner had shown precedent by helping other members through difficult times.

    My request to pause my membership was denied and I was informed this is something they do not do, and I was then removed from the social media element quickly, and my money for the remainder of my membership kept. I was asked for any further information, it was that blunt. I did not asked to be removed, but paused, and considering how much support found in the group, I would never have chosen to just been removed if still paying. I'm certainly not asking for something I haven't paid for, and made it clear in the email, if paused I understood I would have to leave the group. At the time I was going through a great deal of mental stress, I was signed off work, and was not in place to properly digest what had happened, was shocked by the abruptness. This was coupled by the business carrying a disclaimer that they do not provide refunds or transfers. My membership still had approximately 6 weeks to run, which would work out at around £45 not refunded.

    To add a complication, I had bought an item previously from their ‘shop’ online, and when I arrived to collect, they had non in stock. I was informed that the policy was no refunds are given for purchases, so I could choose to wait an indefinite period for them to get the item in stock but they didn’t know when and if they would, choose something else, or transfer the amount to a course they offered. I paid an additional £14 on top to purchase the next two months of my membership I wouldn’t have intended to otherwise that would now follow on from the dates covered in the previous paragraph. Totalling £105.

    I was told before the removal of my access that I could get in contact when ready and they would restart my new block, the £60 above, on my return, but I had lost the remainder of the first.

    I haven’t been in a stable place to deal with it all, or give it proper thought until recently. The whole process has left me getting more ill. Take into account this was a community I was with for five years upto four times a week. I logged on to the system where the owner groups all members together identifying their expiry dates. I have previously said that I felt uncomfortable with them doing this as they also would leave comments beside names like ‘paid late’ that I felt was unfair to identify those people (I have never been one myself) in what came across as an attempt to shame them.
    On this list I saw that a current member now had his membership paused mid membership in the process that I had been told was something they didn’t do.

    I pointed this out to the owner and requested a refund. Explained quite rawly the detrimental effect the removal had been having on my mental health and asked for the reasonings behind this. I also asked why I had been refused a refund when my services had been removed by them, and why their site states no refunds which is against consumer rights, something I only recently learned. I would never had been in this position in the first place had I been aware that I was entitled to a refund.

    The owners responses have ranged from claiming I asked to be removed, I have provided evidence to show this is not the case. And after much back and forth, she stated the reason I wasn’t provided a pause was for ‘reasons.’

    In my last email I have asked her a number of questions including an explanation and on what parameters was it concluded I didn’t meet their requirements. As I know her to have provided aid those with medical issues, I am at a loss as to why I’ve been singled out and refused. She claims the business made a decision and refers to ‘we’ but will not respond to who that ‘we’ is. I have no idea who within the business is aware of my personal information. And she still insists they have a no refunds policy. I am aware that leisure activites can be exempt, but my membership has no set dates on purchase, and there is no number limits on the people who can join.

    I’m also concerned that refunds have a time limit, but I don’t know how that stands if the company in question misled you on those policies and the legalities in the first place. Coupled with the health issues I have had over the past 12 months, that I have medical evidence for, I didn’t know if I am still in a position to pursue this. I’m also not sure how me being singled out by the company falls legally. If they are refusing to provide me with these ‘reasons’, and I have asked multiple times for it, I feel at a loss. I’m also concerned for myself, as the whole process is making me feel low and struggling. I don’t feel I can reach out or meet those other members because of this and being placed in a position of being asked if I plan to return. I’m concerned of saying the wrong thing. I’ve lost a huge part of my support network and its left me feeling alienated and frankly confused.

    My concern is pursuing anything, is for starters I’ve never experienced this before so don’t know where to start. It is more than just getting my refund otherwise I would go to small claims court. Also I am low income, I do work but in partnership with ESA, I simply cannot afford legal fees without even knowing where I stand.

    Many thanks for taking the time to read and for any advice offered.
    Tags: None

  • #2
    Hi Thirty

    How did you pay for the membership and goods purchased?

    What are the dates regards membership and goods purchased?

    Comment


    • #3
      Originally posted by echat11 View Post
      Hi Thirty

      How did you pay for the membership and goods purchased?

      What are the dates regards membership and goods purchased?
      Hi, thank-you.

      All payments are made online. They have an online shop where you select either the course or item you want and add it to your basket.

      Would you mind clarifying the last bit. The membership bit in question ran in November last year. I was removed on the 14th November, but my membership ran till the 20th December.

      The goods purchased, I no longer have the online receipt from them. I have a statement from August '20 that I paid £36 towards the item, but can't find the other bit. To be honest, I'm not much holding out hope on the £60 being attached to it, unless they provided me with a copy of my receipts which I highly doubt they would. She did say in one email 'I can return to use services' eg that £60 but I don't feel welcome, I feel completely shut down by the whole thing.

      Comment


      • #4
        'How did you pay for the membership and goods purchased?' To clarify, method of payment, i.e. credit card, Visa Debit etc.

        Comment


        • #5
          Ah. Credit card. To clarify it isn't a standing order or debit. You pay your 2 months, and then as the expiry comes up you pay another two months through the shop. So my payments are from different sources. My own records show I made a payment in August 2020 of that year from a credit card. I have one payment made on debit but it doesn't relate to the two blocks discussed here.

          Comment


          • #6
            We are in long shot territory as far as Section 75 is concerned (you've left it a bit late), contact your credit card company (template), ask to to a Section 75 claim (these are time sensitive). Claim for the one or both, whichever were paid by Credit Card. Email the claim if you can, if not get post, get Proof of Postage.

            Attach any evidence you have, emails, medical letter etc.

            https://www.citizensadvice.org.uk/co...edit-provider/

            It's also worth giving CAB a ring, they'll run through the consumer laws etc, see what they advise, they will give you a reference number.

            Comment


            • #7
              Thank you! I will try on both accounts. I appreciate the feedback.

              Comment


              • #8
                Originally posted by echat11 View Post
                We are in long shot territory as far as Section 75 is concerned (you've left it a bit late), contact your credit card company (template), ask to to a Section 75 claim (these are time sensitive). Claim for the one or both, whichever were paid by Credit Card. Email the claim if you can, if not get post, get Proof of Postage.

                Attach any evidence you have, emails, medical letter etc.

                https://www.citizensadvice.org.uk/co...edit-provider/

                It's also worth giving CAB a ring, they'll run through the consumer laws etc, see what they advise, they will give you a reference number.
                It would seem I'm not eligible under Section 75 anyway as the amounts were less than 100 each. Thank you anyway.

                Comment

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