Help urgently needed in making a small claim court case to gain a promised refund

[fuzzybrain]

I am assisting my stepdaughter who has battled in vain to obtain a refund from a company called Recruitment Development Solutions (RDS)
She signed up to do a teaching course at a cost of £295, but decided that she did not want to do the course after all as she had the possibility of a job offer so emailed and called them the next day after enrolling to cancel. In fact she has called them several times to request a refund and was told repeatedly that she could have a refund and it was due to be processed shortly, but the refund never materialised.


Their terms and conditions state that she has 7 days to cancel and will be given a refund if done so in that time, but despite a countless amount of requests this has not happened. She was informed that a cancellation form needed to be completed and a refund would be credited back into her bank account within 5 to 7 days. She filled the form in and emailed it back to them the same day. This was also stated in their terms and conditions that she had 7 days to cancel for any reason and they would keep £50 as an admin Fee; but would refund the rest of the course fee - £245.00 but it never happened


That was well over 2 months ago and despite numerous emails and phone calls they have still not refunded the money. They have emailed her several times (we have the proof in emails that they will refund) that a refund is on the way, but so is a white Christmas and that's got more chance of happening than this refund!!!

I have done a chronology, please could you be kind enough to take a look and offer any advice. I have also attached the LBA

A letter before action was sent to them over 2 weeks ago giving them to the 31 August to respond. It was sent to 4 separate email addresses and posted via 1st class recorded delivery. The company completely ignored us even though we called them to ask what they were going to do and they didn't want to discuss it with us.


I guess the only option open to us now is to go ahead with a court claim - can anybody offer advice of what we can and cannot claim for?


I am now working on the POC and this is where I start beginning for help from the wonderful experts on the forum (I hope flattery will get me everywhere!

I have a “few” questions and would love some advice on the answers pretty pretty please?

Whom do we need to name as the defendant?

Can we claim for the full cost of the course and ignore the admin fee as they have breeched their own T&C


Can we claim for costs associated with submitting the claim – i.e. Printing costs, time in preparing the POC and claim and the repetitive emailing trying to get this resolved without the need of involving the courts

Can we claim from Preparation time, what is the standard rate?

Can we charge interest, if so how what rate (stat 8%?) and when from (from the date of request of refund or submission of court claim?

Any advice, suggestions, and sharing of experiences would be deeply appreciated and I thank you in advance for taking the time to reading the post



Can anybody give me any pointers please? Thank you so much for any help and advice offered and all suggestions are deeply valued and appreciated

[bluebottle]

Re: Help urgently needed in making a small claim court case to gain a promised refund

You will need to include copies of Post Office receipts for the Recorded Delivery Letters and copies of telephone bill statements highlighting calls to RDS as part of your claim. This shows the court you have expended the money. Is the Cancellation Fee mentioned in the T & Cs or is this something RDS have suddenly pulled out of thin air?

As for claiming for time and inconvenience, this claim is likely to be heard in the Small Claims Track before a Registrar. I am not entirely certain you could claim for time and inconvenience in such circumstances.

[fuzzybrain]

Re: Help urgently needed in making a small claim court case to gain a promised refund

Hi and thank you, so much for responding

it states on their cancellation form, “If you do cancel your purchase within the 7 day cooling off period then we will refund your payment. The refund will be paid via the card details on which the initial payment was made and will reach your account with 3 to 5 working days of its issue.”

I have attached their cancellation form and it states the above paragraph. I have also copied their T&C from their website and attached it to the post

Seeing as they have ignored and breached their own T&C, would this give us an opening to request the judge refuse the company of deducting the admin fee.

We have the emails requesting a refund and their responses stating a refund was being processed - there are about 30 pages of them! My stepdaughter is trying to get copies of her home and mobile phone bill - not always the easiest thing to obtain in our supposed "paperless world!) - its also going to mean a lot of printing as she is unemployed and not receiving any benefits its very costly.

Re the costs could I put in the POC something like

I have repeated tried to settle this dispute before and have explored every possible avenue to avoid submitting a claim to the court; however, the defendant has refused to enter into any form of negotiation with the plaintiff to resolve this issue. Should the claim be awarded in the plaintiff we respectfully and humbly ask the court to consider awarding costs for expenses relating to the claim such as printing, research, and preparation and other such out of pocket expenses, as the judge deems acceptable and appropriate.

[bluebottle]

Re: Help urgently needed in making a small claim court case to gain a promised refund

Could you post up their Terms and Conditions, please? I want to see if this £50 "administration fee" is actually mentioned. It seems excessive to me.

[fuzzybrain]

Re: Help urgently needed in making a small claim court case to gain a promised refund

Hi Blue

Thank you so much for helping and offer advice, I am incredibly grateful and very appreciative that you are taking the time to share your expertise with me.

I totally agree with you, especially as she cancelled the course within 24 hours. My stepdaughter had accepted the Admin fee clause as she just wanted a refund as she desperately needs the money, but I cannot see how they can justify a £50 charge - especially as they have not even sent the refund in the first place.

I am very confident about going before the judge and stating her case, I feel that she deserves to be compensated for the cost of all the calls/emails, and consequently all the printing and time spent putting this claim together. The company have it black and white she is entitled to a refund and do not have a leg to stand on but yet the still refuse to process the refund thus causing my stepdaughter (well me really as I’m putting the claim together and printing it all off) un-necessary expense and stress. I feel a cost order would be justified in this case and they are being vexatious

[bluebottle]

Re: Help urgently needed in making a small claim court case to gain a promised refund

Nevertheless, I still need to see this firm's T & Cs to see if this company can be well and truly nailed to the floor. Unfortunately, there is case law on what you can claim in civil litigation cases (Dunlop Pneumatic Tyre Co Ltd -v- New Garage & Motor Co Ltd 1915) and, basically, you can only claim what you have actually lost/expended. By all means ask if you can claim for time and convenience, but this may have the effect of putting the claim from the Small Claims Track into, say, the Multitrack, which would be heard by a District Judge or Deputy District Judge with a higher degree of risk or losing the claim. Also, if this company hires a barrister and you represent yourself (known as Litigant-in-Person), you could be landed with a costs order or have a judge that is rabidly anti-LIP.

[fuzzybrain]

Re: Help urgently needed in making a small claim court case to gain a promised refund

Hi Blue

The terms and conditions are attached to my two above posts. I'd love to hear what you thonk and how I should proceed wioth the claim

If I do put in a cost order then the costs be would in the region of £50 to £100 max if the judge allowed travel costs and agreed to re emburse me for the day off work.

The total clain would be under £500

Would it be best to submit the claim and just stick in the generic line "Costs allowed by the Court" and then prepare a list of costs we would like the judge to consider and see what they decide?

[swifty]

Re: Help urgently needed in making a small claim court case to gain a promised refund

Can you charge for telephone calls and admin charges at their own set rates, I did this to RBS bank back in the 90's after they charged me for sending me a letter informing me of their charges

[Celestine]

Re: Help urgently needed in making a small claim court case to gain a promised refund

Hi
Litigants in Person can now claim £18.00 per hour that they work on a case. Keep a detailed tally of all expenses and make sure they are available to both sides and the Judge at the Hearing.
57th amendment to the Civil Procedure Rules

[fuzzybrain]

Re: Help urgently needed in making a small claim court case to gain a promised refund

I have entered a basic POC on moneyclaim and have ticked the box that I would send in a more detailed POC within 14 days. I have the chronolgy sorted so I can use that that as a foundation. I now need to enhance this and state why a refund is due. Is there a template for the layout available?

I can quote their own T&C at them which clearly states a refund should have been issued over 2 months ago, but I am also trying to get them to agree the refund the £50 admin fee - can i claim this is excessive and ask them to justity why the charge is £50 and alos claim that because they have breeched their own T&C they can not now quote them in regards to deducting the £50 admim fee

I am also going to ask the judge for a cost order as we should never have had to file a claim to get a refund - it clearly claims in their T&C that a refund will be given if cancelled within 7 days (she cancelled after 24 hours and send email, cancellation form and phone calls to back it up and we have the evidence to prove it) she has emailed and phoned regularly for over 2 months and still no refund despite them saying they will get round to it. They have no defence and we feel they have forced us into this position - how can i word this so a judge will consider a cost order and do I put an amount in the POC for costs for just request that the judge considers it?

[fuzzybrain]

Re: Help urgently needed in making a small claim court case to gain a promised refund

On 21/06/2012, the claimant paid £295 to RDS(defendant)for a training course. The claimant then changed her mind and requested a refund on 22/06/2012 in writing as instructed via the defendant's terms and Conditions (copy to follow)

The defendants have failed to respond to the claimant's numerous requests for a refund(chronology to follow) The claimant wishes to claim interest from the date the money was owed (22/06/2012) until the point of judgement at 8%. The claimant respectfully asks the court to consider making an award for costs in the claimant's favour as the defendant has been very obstructive in resolving this issue

I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 22/06/2012 to 08/09/2012 on £295.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.07.


Details of claim
Amount claimed £300.53
Court fee £35.00
Total amount £335.53

[pepsie]

Re: Help urgently needed in making a small claim court case to gain a promised refund

On 21/06/2012, the claimant paid £295 to RDS(defendant)for a training course. The claimant then changed her mind and requested a refund on 22/06/2012 in writing as instructed via the defendant's terms and Conditions (copy to follow)

The defendants have failed to respond to the claimant's numerous requests for a refund(chronology to follow)The claimant respectfully asks the court to consider making an award for costs in the claimant's favour as this comes at the end of the POC the defendant has been very obstructive in resolving this issue

I will provide the defendant with separate detailed particulars within 14 days after service of the claim form.

The claimant seeks at the Courts discretion interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 22/06/2012 to 08/09/2012 change this to 'date of Judgment' because if they submit a defence the case goes to a hearing and that can be weeks/months away?on £295.00 and also interest at the same rate up to the date of judgment or earlier payment at a daily rate of £0.07.you don't need this as you are asking it to be set at the Courts discretion?


Details of claim
Amount claimed £300.53
Court fee £35.00
Costs and Interest at the Courts discretion (this needs to go here)
Total amount £335.53

Pepsie

[fuzzybrain]

Re: Help urgently needed in making a small claim court case to gain a promised refund

Can anybody else offer any advice - here is the amended POC - thoughts/advice and suggestions are all incredibly welcome and deeply appreciated - thank you in advance for all and any help you have very kindly offered me