Business not living up to their end of the bargain

LadyCocoa1234 on 24/08/2013 - 16:01

Hi everyone.

I bought an 8 week membership with a dance school prior to the new term beginning. A few days after I paid, I was notified that they had been kicked out of their lease and had to move locations. Thier new location is an inconvience for me and since they have a new lease they had to change the timetable which is not suitable with my scheduale. I was promised a refund but have not recieved it yet. I have emailed them about it but now it has lead to tension and bickering. They said that they will process the refund this week but I still have not recieved anything from them in my back account. It has been four weeks now.

What do you recommend I do??

General Discussion

Comments

  • MasterNoob on 24/08/2013 - 16:08

    Sue them.

    • LadyCocoa1234 on 24/08/2013 - 16:10
      +2

      Lol i paid $230. I think a lawyer would cost much more than what I would get back. :P

      • MasterNoob on 24/08/2013 - 17:55

        You can always take it to a small claims tribunal.

  • Macgyver on 24/08/2013 - 16:09

    So you paid them by bank transfer/deposit?

    Do you have a invoice showing what you bought and were these lesson would take place?

    • LadyCocoa1234 on 24/08/2013 - 16:12

      I paid buy cash unfortunately as I had no idea that this was going to happen and I didn't ask for a receipt. I do have confirmation though that I would be receiving a refund which I have yet to receive…

      • Macgyver on 24/08/2013 - 16:42

        Hmm that make things hard. No sure if you can go to consumer affairs or what ever it is called with out some proof.

        I suppose you could send some sort of letter of demand and make it look like it came from a lawyer…?

        Someone else here should be able to explain it better.

  • Lubs on 24/08/2013 - 20:04
    +3

    Hey LadyCocoa1234,

    You should call or email them on Monday and say that you have had enough and are not going to engage in any more back and forth discussions with them. Unless they provide a refund by the end of the week, you will escalate the matter by making a complaint to Fair Trading. I see that others have said this would be difficult without a receipt, but you say that you have exchanged emails and calls with them and they have promised to provide a refund, so they have acknowledged that you paid them and that they owe you a refund, which means proof is not an issue. Keep all the emails that you've had with them. Do you have an email in which they promise to give you a refund? Email communications are always best because you have a written record. Be polite but firm and convey to them that you are not going away, and your intent is not to cause trouble for them, but just to claim the refund that you are entitled to. I have always had a lot of success in making consumer complaints with this attitude.

    If they don't come through, a complaint to Fair Trading is your best option at the moment, they will investigate on your behalf and contact the business. A call from Fair Trading is likely to be enough to scare them into giving you the refund. Writing them letters of demand and/or taking them to the CTTT (Consumer Trader and Tenancy Tribunal) would be the next steps, but are not the way to go at this point.

    If you do need to complain to Fair Trading, the web form is very straightforward and easy to fill in and lodge online. You should make sure to fill in all the details of phone calls and emails that you've had with them and the background to the situation. Also attach copies of any emails and any other documentation you have. This will allow Fair Trading to be as effective as possible in helping you. The form is here https://www.cas.fairtrading.nsw.gov.au/icms-public/complaint… (Note, this is the NSW Dept of Fair Trading, I don't know what state you're in. You should be able to find other States' depts via Google).

    Disclaimer: I am actually a lawyer, but the above should not be taken as legal advice.

  • MITM on 24/08/2013 - 22:25

    How long were they at the former location ? years/months ?
    And what was the reason for the sudden relocation ? Didnt pay the rent ?

    They should have told you they would be relocating before your first class - unless they didnt know.
    They would have had at least 1 months notice from the landlord, if they were out of lease and on a month to month basis. Perhaps they had used up the months notice - in which case…they should have told you they were relocating.

    Relocating costs money… so they are probably using yours to relocate.
    Is there anyone else in the same situation, especially the inconvenience factor.
    Really, what if they relocated to Tasmania, would they insist everyone follow them - no, they would have to make refunds.

    Never, never pay cash - unless it gets you a major discount. aka The Good Guys
    Always, always get a receipt (if not only for claiming against your tax) Did you get a welcome pack, email, letter, contract, timetable ? which would suffice.

    I would pay a big fat hairy smelly bikie with cigarettes and alchohol to sit in the reception all day, every day, until you were paid. You could say you're sending your brother in.

    Speak to citizens advice bureau.

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