Martial Arts dispute!

sambalina

My step son had a birthday party at a local Martial Arts centre a few weeks ago. He is 6, as part of the party package, the kids that went got a free hour long taster session. I said to my other half to find out how much it is because if he likes it we can see about him going on a weekly basis.
I left them there and went to the in laws for a brew. When I went back to pick them up, my OH said he had signed him up and paid £97 upfront and it was £80 per month for a 6 month course. He had no paperwork on him when he came out.
After the steam had settled and was no longer coming out of my ears I reasoned with him that it was just faaaaaar too expensive and we needed to get the £97 back and cancel.

As far as I am aware, this should come with some sort of cooling off period.

I have no idea what my OH has signed, he tells me it was a direct debit agreement. He states he hasn't signed a contract, and we don't have one.

After at least 3 days of trying to sort this out, we finally got hold of the founder of the company who said the initial £97 is non-refundable, and it would have stated that in the paperwork that he signed. He believes in his staff, and says they would have told us this, and it will say this in our contract which we don't have. Of course though, he thinks we are lying, because anyone can say they didn't get a copy.
So my question is, with it now being day 8 after "something" was signed, are we ever going to see this £97 again or is it gone for good?!

halibut2209

So you left your stepson on his birthday to go drinking, and are now moaning about his Dad trying to do something for him?

sambalina

1) it wasn't his birthday and I never said it was!
2) I went to the in laws to get my 12 week old daughter out of the cold!
3) A brew is not "going out drinking" it's a cup of tea where I'm from!
4) £97 upfront and £80 a month for 6 months is absolute extortion!
5) His dad is gutted that he was so impulsive as there are plenty of other martial arts groups that wouldn't require him picking up overtime from now until forever!
6) none of that has anything to do with the question I asked which was :

Do we have any chance at getting the £97 back?

Please do not make assumptions about me or my family! My OH made an impulsive decision which he now regrets because we simply can't afford that much money, all we want to know is how to get this £97 back!

paddyrg

I think you may just have to suck it up. Your husband is, I assume, over 18 and is not accompanied everywhere by a carer, so is assumed to be able to make financial decisions. If the founder isn't holding you to the 6 months you may have dodged a bullet. The sign up fee is probably commission to the salesman so the company owner may not be in a position to refund all of it. But if the sign up fee includes a uniform, maybe that part is more easily argued as returnable. But change of mind is not a valid reason to break a contract, verbal or written.

Just if it helps though, £80/month for 6 months is a lot of money. I do krav classes which is £40/month with a minimum of 3 months 2.5hrs/week, big difference

InsideInsurance

There is no automatic cooling off period for any purchase made on a vendors premises with only a couple of exceptions (eg financial services/ insurance)

If you dont trust your husband's decision making abilities, dont let him be in a position where he can make a decision without consulting you, assuming you want to emasculate him further

unholyangel

You should have a read of mse's "is a deposit ever refundable".

In other words, company is entitled to any direct losses incurred by your breach of contract - except for losses they can reasonably save (ie by finding another customer).

sambalina

Lol, to be fair I think anyone would be upset that their OH had signed away so much money when they don't have it to spare, especially so near to Xmas as he's now got to pick up a ton of overtime to make that money back, which means that because he works nights, we will see him even less than we do now! ��
But, it was his mistake and a very expensive lesson on his part, which I've said a few times now, it's one that he regrets and wishes he had waited so we could have a look around properly.
I pretty much though that we wouldn't see that money again, but I had hoped there was someone with a little gem that may have helped us out but it was not to be, you have confirmed what we were thinking!

Thanks for the replies.

bod1467

If you've cancelled with the MA club (i.e. informed them), make sure the DD is cancelled (if it is indeed a DD).

RobertoMoir

sambalina wrote: »

Lol, to be fair I think anyone would be upset that their OH had signed away so much money when they don't have it to spare, especially so near to Xmas as he's now got to pick up a ton of overtime to make that money back, which means that because he works nights, we will see him even less than we do now! ��
But, it was his mistake and a very expensive lesson on his part, which I've said a few times now, it's one that he regrets and wishes he had waited so we could have a look around properly.
I pretty much though that we wouldn't see that money again, but I had hoped there was someone with a little gem that may have helped us out but it was not to be, you have confirmed what we were thinking!

Thanks for the replies.

Maybe things have changed since I used to do/teach martial arts, but if your step-son is genuinely interested in martial arts, I'd be wary of any dojo that made you sign up kids for months and months in advance. In my opinion it is (or at least was) one of the warning signs of a McDojo.

MamaMoo_2

As has been said, have a read of the MSE article "is a deposit ever refundable".
They can only keep provable losses, and this doesn't include profit they would have made if your son had attended.

Swattie

The cost is extortionate for child's karate lessons. Our local club offers a trial of a weekly lesson for 4 weeks for £20, then a free gi (outfit) on signing up after that. Monthly fee is approx £40 with a full month's notice for cancellation. On top of that is there is an annual licence fee of around £80, only payable after full registration.