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Particulars of claim

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  • #16
    I signed up for a course I saw advertised on Instagram over the phone. I paid a full course in the sum of £1600 to Jessica Megan Studios via bank transfer for an aesthetic course that I was due to attend on November 9th 2020 which unfortunately I am unable to attend as I have fluctuating mental health issues, I am diagnosed with psychotic depression which fluctuates, when I booked the course I felt in good health but due to this getting worse recently i do not feel like i am the right candidate to be performing aesthetics (injecting someone’s face).
    I was provided with an email upon sign up stating that the payment is non refundable as course booklets were attached but no terms and conditions and no cancellation rights were provided before or during the sign up or after. The course booklets are useless to me as I would have to read them and then do the coursework relating to them and submit it to Jessica Matthews to gain a qualification, I will not be completing the coursework to submit to gain the qualification.
    When contacted Jessica Matthews the course provider, via phone call, she offered me a partial refund of 1000£ which I stated I was not happy to accept and did not agree to. She asked me to provide my account details over email to receive this payment which I did. I assumed the payment would be made in full as I had stated that 1000£ was not acceptable.
    The following day I messaged Jessica via Facebook messenger to state that I had not received any form of payment to which she said she would sort that day. I later received an amount of 500£ from Jessica and she stated she would send another payment at 12oclock, the next morning I hadn’t received anything so I messaged Jessica again stating this to which she said she had sent it, upon checking my bank I had only received another 500£.
    The next day I contacted Jessica to query the outstanding 600£ to which she replied saying she had been fair to refund me the 1000£ and the 600£ would be kept for admin fees and course booklets sent over via email and to take legal action.
    I rung citizens advice for advice. Following advice from citizens advice, I was informed Jessica Matthews had breached contract for not providing me with any cancellation terms.
    A couple days later Jessica Matthews updated her status on Facebook regarding the aesthetic courses stating that they were fully booked until nect year therefore I believe she had filled my space for the course.
    I sent Jessica Matthews a letter before action, recorded delivery stating my position and gave her 14 days to respond. Jessica Matthews did not respond so I sent her a follow up letter stating that I would take action if I had no response to this one. I also sent this recorded delivery and received no reply.
    there is no website just an Instagram and Facebook page

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    • #17
      When did you pay for the course?
      When did you cancel?

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      • #18
        I paid 22/09 and cancelled 24/10

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        • #19
          So your PoC should read along the lines of:

          1)At all material times
          i)the claimant was a consumer
          ii)the defendant was a trader
          2) on 22.09.2020 the parties entered into a distance contract by which the Defendant undertook blah blah blah.....
          3)the Claimant paid £xxxxx by bank transfer
          4)contrary to the Consumer Contracts (information etc etc .....) the Defendant failed to notify the Claimant of her rights to cancel the contract.
          5)on 24.10,2020 the Claimant cancelled the contract and requested a complete refund
          6)the Defendant has refunded £500 on dd mm yyyy and a further £500 on dd mm yyyy
          7)the Defendant on dd mm yyyy stated email/phone call she was retaining the balance of £600
          8)accordingly the Claimant claims i)the outstanding balance due £600
          ii)court costs if not remitted
          iii)interest under section 69 of The County Court Act 1984 at the rate of 8% p.a., from the date the sum became due
          up to the date of judgment or earlier payment at a daily rate of 0.13p

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          • #20
            Thank you so much I really appreciate it! I am going to print out another form and re write it containing what you said. Thanks again

            Comment


            • #21
              Just to clarify what should statement 2 read where you put blah blah blah? Is that where I put the name of the course? Many thanks

              Comment


              • #22
                Originally posted by Vikki1989 View Post
                Just to clarify what should statement 2 read where you put blah blah blah? Is that where I put the name of the course? Many thanks
                yep sort of "....undertook to provide an aesthetic course named...!

                Use it as a template and change it to suit your circumstances.

                Comment

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