Yoga studio closing down and won’t refund my membership

Yogasana

inspectorperez said:

From the limited information available, I would say that it is worth joining in the sole director with the limited company in any action for recovery and pursue his personal assets.

Assuming the landlord terminated the lease in accordance with its terms, that would suggest only a very short period of notice required. If that is the case, there is absolutely no way the company should have been offering 5 year membership deals.

It would also seem very likely that the director was well aware of the possibility of the lease being terminated for whatever reason when your membership fee was accepted. There is no way that your fee should have been accepted under such circumstances.

This may all add up to fraudulent trading and perhaps trading standards should be consulted.

Thank you for this - I did wonder if they knew the situation at the time they took my payment.

Yogasana

born_again said:

Yogasana said:

Thank you everyone, really appreciate the advice.

The business is trading under the director’s name as a limited company. I bought the membership in person at the studio and the email receipt links to very basic T&Cs but it does state that it’s trading under his name in a limited company.

I guess next step is a letter then small claims and see what happens.

How did you pay?

I paid via Mastercard debit - I transferred funds from my savings account in order to afford it.

born_again

You will have chargeback rights on the payment. Only issue could be they have refunded. But have a word with bank (make sure you get to disputes team, not front line call center). 
Get proof they have ceased trading & your working out of the refund you should have received. 

Yogasana

sheramber said:

inspectorperez said:

From the limited information available, I would say that it is worth joining in the sole director with the limited company in any action for recovery and pursue his personal assets.

Assuming the landlord terminated the lease in accordance with its terms, that would suggest only a very short period of notice required. If that is the case, there is absolutely no way the company should have been offering 5 year membership deals.

It would also seem very likely that the director was well aware of the possibility of the lease being terminated for whatever reason when your membership fee was accepted. There is no way that your fee should have been accepted under such circumstances.

This may all add up to fraudulent trading and perhaps trading standards should be consulted.

where does it say 5 year memberships?

It’s just a one year membership, but I agree that even this shouldn’t have been accepted if they knew what was on the horizon.

Yogasana

born_again said:

You will have chargeback rights on the payment. Only issue could be they have refunded. But have a word with bank (make sure you get to disputes team, not front line call center). 
Get proof they have ceased trading & you’re working out of the refund you should have received. 

Thank you! I will try this

inspectorperez

sheramber said:

inspectorperez said:

From the limited information available, I would say that it is worth joining in the sole director with the limited company in any action for recovery and pursue his personal assets.

Assuming the landlord terminated the lease in accordance with its terms, that would suggest only a very short period of notice required. If that is the case, there is absolutely no way the company should have been offering 5 year membership deals.

It would also seem very likely that the director was well aware of the possibility of the lease being terminated for whatever reason when your membership fee was accepted. There is no way that your fee should have been accepted under such circumstances.

This may all add up to fraudulent trading and perhaps trading standards should be consulted.

where does it say 5 year memberships?

Apologies to the author of the post. Misread. My comments are however still the same albeit the membership term was 1 year and not 5 years.

born_again

Yogasana said:

sheramber said:

inspectorperez said:

From the limited information available, I would say that it is worth joining in the sole director with the limited company in any action for recovery and pursue his personal assets.

Assuming the landlord terminated the lease in accordance with its terms, that would suggest only a very short period of notice required. If that is the case, there is absolutely no way the company should have been offering 5 year membership deals.

It would also seem very likely that the director was well aware of the possibility of the lease being terminated for whatever reason when your membership fee was accepted. There is no way that your fee should have been accepted under such circumstances.

This may all add up to fraudulent trading and perhaps trading standards should be consulted.

where does it say 5 year memberships?

It’s just a one year membership, but I agree that even this shouldn’t have been accepted if they knew what was on the horizon.

One would guess that they were in negation's & hoped to stay & not have to shut down. Remember they have now lost their jobs & income.