Being Fobbed Off?
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Superdragonsmum
Posts: 14 Forumite
Hello
On 22nd July, I received a text message from the swimming school my son had an intensive course of 1:1 lessons with. In it, the school’s owner said she would give me a refund the the two final lessons which my son did not have. This was because her teachers were ill and there had previously been some problems with the venues. She herself offered the refund and I accepted as the lessons were no longer needed being that we needed them for a holiday. I have contacted on several occasions via text as she refuses to answer the phone (always has even prior to this). One excuse was she was in holiday and would refund on return, another she ‘lost’ her phone (lies as she was selling things on Facebook), some messages ignores, all always taking days or weeks to reply, prompted only by by ringing her number. I am really starting to angry. My question is, do you think she is trying to get away with it? She runs a very well known school with her husband and has three young children so I’m trying hard to give her the benefit of the doubt that maybe her life is a bit chaotic and that she seems to be disorganised by nature but I’m starting to think it may be deliberate. I can be a bit of a hot head so I’m trying to avoid being confrontational in case she shuts off completely. Your thoughts would be much welcome! Thank you!
On 22nd July, I received a text message from the swimming school my son had an intensive course of 1:1 lessons with. In it, the school’s owner said she would give me a refund the the two final lessons which my son did not have. This was because her teachers were ill and there had previously been some problems with the venues. She herself offered the refund and I accepted as the lessons were no longer needed being that we needed them for a holiday. I have contacted on several occasions via text as she refuses to answer the phone (always has even prior to this). One excuse was she was in holiday and would refund on return, another she ‘lost’ her phone (lies as she was selling things on Facebook), some messages ignores, all always taking days or weeks to reply, prompted only by by ringing her number. I am really starting to angry. My question is, do you think she is trying to get away with it? She runs a very well known school with her husband and has three young children so I’m trying hard to give her the benefit of the doubt that maybe her life is a bit chaotic and that she seems to be disorganised by nature but I’m starting to think it may be deliberate. I can be a bit of a hot head so I’m trying to avoid being confrontational in case she shuts off completely. Your thoughts would be much welcome! Thank you!
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Comments
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Assuming you have the text evidence, I would go the small claims court route.
Firstly, send a "letter before action" directly to their address. In it, state what you expect and when you want it (usually 14 days). Provide them with a printout of the evidence you have. Advise that, if the refund is not processed within 14 days, you will be claiming in court (MCOL/small claims) and obtaining a judgement against them.0 -
That’s what I was hoping not to have to do Les, it’s a lot of hassle. I know that’s ultimately what I’ll have to do though if she continues to not pay. Do you consider that she is deliberately trying to avoid paying or just that she is just not getting round to it? The last correspondence was Monday when she said she’d pay by the end of the week. She had not replied to a text the previous Friday or Sunday and only texted (immediately) after I tried ringing her on Monday then nothing since.
Thank you!0 -
Superdragonsmum wrote: »That’s what I was hoping not to have to do Les, it’s a lot of hassle. I know that’s ultimately what I’ll have to do though if she continues to not pay. Do you consider that she is deliberately trying to avoid paying or just that she is just not getting round to it? The last correspondence was Monday when she said she’d pay by the end of the week. She had not replied to a text the previous Friday or Sunday and only texted (immediately) after I tried ringing her on Monday then nothing since.
Thank you!
I think it is more hassle chasing a debt continuously for weeks and getting to a point where you are considering the possibiliy that you are being "fobbed off".
Just send the Letter Before Action (use a template if you want) which should take no longer than 30-60 minutes to write up and post. Wait 2 weeks and hopefully they'll resolve it.
If not, go to MCOL website and put in a claim. Should take only 30-60 mins for that as well.0 -
How much money is involved?0
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Thank you Les, is this going to cost me?
Rainbow girl it’s only for £36 (£18 per lesson).0 -
For £36 I'd not get too wound up. I know it's annoying. Are they on any Social Media that you can use to post a reminder to them? That often focuses peoples minds.0
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Yes, her swimming school is on Facebook and the web and she has a Facebook account too. What would be the benefit of reminding her via social media over text (which I have been doing)? I was planning on ringing her tomorrow (while she won’t answer but it will prompt her to text and remind her I am not going to go away). I was going to suggest I could pop down to her house to collect the money as I’m not far away (found her address online) hoping that might spur her into action. It’s not much money but it’s still mine and I’m a single parent so every penny matters.0
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By social media do you mean a public page? In which case I’ve thought of posting something like “ Hello, I’m having some d.......” And right on queue a message has just popped up from her saying “This was done last night”. An apology and gratitude for my patience might have been nice but I am so relieved! I’d better check just incase but thanks ever so much for all of your input!0
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Superdragonsmum wrote: »Thank you Les, is this going to cost me?
Rainbow girl it’s only for £36 (£18 per lesson).
Well, MCOL may cost you to be fair (refundable if you win). But if you send the LBA then hopefully it will scare them enough to make payment
If it doesn't, you can consider whether you want to go small claims (as the other poster said it may not be worth the hassle at THAT STAGE).
Something like this:LBA wrote:(date at top of letter)
Dear XXX,
I am writing to you regarding the non payment of 2x £18 lessons which were promised as refund due non completion of them. Please find enclosed a photo/screenshot of the text message which confirms this arrangement.
I am seeking the full payment of this (£36 total) within 14 days of the date on this letter, so by XXX.
My preferred refund method is: MMMM (if you are ok with it then put your bank account + sort code, that should be enough I think. Otherwise, make a reasonable arrangement such as meeting up for cash payment etc).
If the balance is not settled within 14 days (XXX) then I will be issuing small claims court action (MCOL) to recover the debt owed, including the cost of undertaking the action. I will be seeking a court judgement to allow enforcement of payment.
I appreciate your help in resolving this matter.
Regards,
XXX
That being said, that's the heavy-handed "burn your bridges" approach so firstly consider whether you may come into contact with this person/company in the future. You could play it a different way and ask for credit against a future lesson, they'll probably be happier with that especially if this is simply a cashflow issue.0 -
Superdragonsmum wrote: »And right on queue a message has just popped up from her saying “This was done last night”.
What was done? The refund?
By what means? Direct payment via bank account?
If yes, have you checked that the refund is in your account?0
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