Charge back dispute for music lessons

jake01

Hi,

I'm looking for some advice on credit charge back please, it's for some music lessons that I bought from a local shop on my amex credit card. Long story short, the tutor that was meant to be professional didn't have the necessary skills to teach, I can honestly say that she had less knowledge on music than I as a beginner. A few days after the lesson I got in touch with them and asked for a partial refund, but they're refusing to do that and they say "the tuition fee is not refundable", not only that but they're now telling me that the number of lessons that I bought is 5 but when paid I was told that it was 10! From my understanding the service that they're providing is not as described, is this something that the credit card company can help me with?

Thanks for your time.

pinkshoes

Can the shop not supply a different tutor?

Have you seen a copy of the qualifications of this tutor? If not, ask for them.

jake01

pinkshoes wrote: »

Can the shop not supply a different tutor?

Have you seen a copy of the qualifications of this tutor? If not, ask for them.

I think she was their only tutor, no I didn't ask for, I thought she might get upset. Would that help in a charge back dispute?

unholyangel

How did you enter into the contract? Face to face in the shop, over the phone, over the internet etc?

jake01

unholyangel wrote: »

How did you enter into the contract? Face to face in the shop, over the phone, over the internet etc?

It was face to face.

McKneff

Did you sign anything , if so did you read what you signed

jake01

McKneff wrote: »

Did you sign anything , if so did you read what you signed

No, nothing was signed, they just gave me a receipt for the card payment.

pinkshoes

You need to put it in writing to the shop all the issue you have.

Do they have an email address?

Let them know that on X date you purchased 10 music lessons. Then state clearly what the issues are with the teacher, and that you are now being told it is only 5 lessons you gave paid for.

Ask them to rectify the situation by clarifying that it is indeed 10 lessons that you have paid for, ask to see the qualifications of the teacher, and ask them either for a refund or a more appropriate teacher.

In what way is the teacher not suitable? Can you give some examples?

eddddy

The Consumer Rights Act 2015 says:

49 Service to be performed with reasonable care and skill

Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

Link: http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/4/enacted

So it sounds like you are claiming for 'Breach of Contract' on the basis that the service was not provided with 'reasonable care and skill'.

If the course of lessons cost more than £100 (and it was clear that you were buying one course, as opposed to 10 individual lessons costing less than £100 each), you can make a section 75 claim against the credit card company.

(It also needs to be clear that you had a contract directly with the shop that you paid - and not with the piano teacher.)

Otherwise, you can try a chargeback (if this meets the criteria in Amex's t&cs for a chargeback).


Failing that, you can make a claim against the shop in the small claims court.

jake01

pinkshoes wrote: »

You need to put it in writing to the shop all the issue you have.
Do they have an email address?
Let them know that on X date you purchased 10 music lessons. Then state clearly what the issues are with the teacher, and that you are now being told it is only 5 lessons you gave paid for.
Ask them to rectify the situation by clarifying that it is indeed 10 lessons that you have paid for, ask to see the qualifications of the teacher, and ask them either for a refund or a more appropriate teacher.
In what way is the teacher not suitable? Can you give some examples?

Yes, I do have their email address, I'll send them an email and see what they'll say. Basically, it was obvious that she didn't have much teaching experience or knowledge, so for example when I needed some assistance, she couldn't provide proper explanation or even do the task better than I was doing. I can honestly say that I knew more than she did, not even sure if she was an actual tutor!

jake01

eddddy wrote: »

The Consumer Rights Act 2015 says:
So it sounds like you are claiming for 'Breach of Contract' on the basis that the service was not provided with 'reasonable care and skill'.
If the course of lessons cost more than £100 (and it was clear that you were buying one course, as opposed to 10 individual lessons costing less than £100 each), you can make a section 75 claim against the credit card company.
(It also needs to be clear that you had a contract directly with the shop that you paid - and not with the piano teacher.)
Otherwise, you can try a chargeback (if this meets the criteria in Amex's t&cs for a chargeback).
Failing that, you can make a claim against the shop in the small claims court.

Thanks for your response. I've been touch with my credit card company but they've asked me to provide evidence as to how the service wasn't as described. Unfortunately, expect the receipt which only shows how much was paid, and a few emails in which the shop basically denies what I'm saying, I don't have anything else, do you reckon that the credit card company would issue a charge back based on those?