Getting Refund for Cancelled Yoga Class from a Teacher

JKF on 10/11/2014 - 15:29

We are trying to get refund for some pre-paid yoga class. This is the short form of the long story.

A few months ago my wife was looking for prenatal yoga class to attend and found this lady locally that has classes. During discussion, we were told either to pay per visit or get 10 passes. We were told if there is unused classes after giving birth, there is a mum and bubs class that can use up the unused portions.

We proceeded to purchase the 10 passes by direct deposit, with the following weeks my wife couldn't attend the class for one reason or another. Finally went for the first time the weekend prior to collect the passes and attended class. At that point she discovered that there is a 3 months validity to the passes which were never communicated.

So over the weekend my wife went to discuss the validity issue with the teacher as she has already missed a number of classes and will be giving birth in about 5 weeks time, there is no way that we can use up the pass. We were told the mum and bubs class has been cancelled. Somehow communication broke down; the teacher torn up the passes, refuse to teach my wife and she said that she will to give us a refund.

However the teach has since e-mailed and said that we are not entitled for refund.

In summary:

  • We paid for a service and were not told there is a validity to it. (False representation?)
  • Now she is refusing to provide the service or to give us a refund.

Is there a way I can get the money back through ACCC or fair trading etc? (<$200)
I couldn't find any business registration, she maybe operating as sole trader or even just cash in hand.

Thanks for all helpful advice in advance.

General Discussion

Comments

  • Banana on 10/11/2014 - 15:32

    That sounds horrible :(

    I know with CC you can request for a chargeback, not sure what's the deal with direct debit.

    I hope everything turns out well!

    Congrats on the baby!

  • Cheeper on 10/11/2014 - 16:11
    1. If it is verbal it does not happen.. Believe it only if it is in writing.
    2. Did they issue any receipt for any payments?
    3. You can lodge a complaint with DOFT online if in NSW. Depending on the situation with the business being registered may not help your situation.
    4. Send a certified letter of demand requesting refund of what is owed and set a 14 day period for payment.
      Be civil, straight to the point and non threatening. Just ask for what is owed to be returned.
    5. If no success you may have no option but to take them to court. DOFT or your local magistrate will advise the best way to proceed there.
  • eatwell365 on 10/11/2014 - 16:13
    +1

    It will not be nice to ask for a refund in front of the crowd before the class.

    • JKF on 10/11/2014 - 22:59

      She didn't ask for refund in front of everyone, actually at the time on sat, she was the only student there. We never ask for refund but tried to find out what to do with the not usable portion of the pass, if the unused portion can be used somehow either continue the class after birth or to transfer to another person etc.. then the teacher got angry and torn the pass which is the only offical 'receipt' and proof of purchase. Only after that 2 late comer turn up…

      • eatwell365 on 10/11/2014 - 23:10

        See if you can read between the lines. i wrote "will not", not "was not" or "would not".

      • GnarlyKnuckles on 11/11/2014 - 01:52
        +5

        "… not be nice to ask for a refund in front of the crowd before the class."

        Eats is totally on your side JK, she/he was subtly suggesting that you or your wife may get better results if you politely approach the 'teacher' when there are some other people around. She may feel like she can 'dominate' you guys privately, but when there are other people around, she will be forced to communicate with you professionally.

        May I suggest that you (not your wife) undertake all communications with this person from this point on? The last thing your wife needs at this point in the pregnancy is any stress of any kind whatsoever. And another thing I wanted to mention… in the grand scheme of things, after the baby is born, this will all seem so incredibly insignificant, so whatever happens, don't let something unfortunate (but essentially just 'material/financial') like this taint the joy of parenthood in any way!

  • mehow on 10/11/2014 - 16:45
    +4

    Sounds like a stretch to get your money back

  • c64 on 10/11/2014 - 17:02

    if they are still valid and she is refusing to honouring them or holding classes, then contacting fair trading sounds like a reasonable next step.

  • [Deactivated] on 10/11/2014 - 17:16
    +1

    First I'd be asking for a tax invoice to make sure nothing dodgy is going on, secondly I'd be asking for documentation stating the terms for the passes (if one even exists).
    Secondly I'd be referring your case and the invoice to fair trading and go from there.

    I've done "bootcamp" style fitness training before were I've paid the instructor, only to receive no invoice or refund when I couldn't attend, sounds like the same kind of deal here.

    • altomic on 10/11/2014 - 17:37

      is your payment being recorded as income to the ATO?

    • JKF on 10/11/2014 - 23:06

      During all the communication by e-mail or her website, there is no mention of the 3 months validity of the pass. Only found out when my wife picked up the pass the weekend prior.

      There is no official invoice, however we have kept the bank transfer receipt. The teacher initially sent us an e-mail saying that she will offer a refund (which imply she received our money). Only now she seems to have changed her mind.

      I have no problem if the terms and conditions are clear up front about the 3 months validity and not being able to transfer to another class as per our initial discussion. It woudl have been our fault that we don't use it. The problem is all those terms and conditions weren't communicated, nowhere to be find on her website or the e-mails she sent us. Which I think would fall in teh catagory of misrepresentation of the product.

  • JKF on 10/11/2014 - 23:08
    +2

    I have sent her a firm e-mail asking for a refund as agreed. If I don't see any response, I suppose fair trading is the next stop.

    • peteru on 11/11/2014 - 12:57
      +1

      At the end of the day you have at least two options:

      1. Cut your loses and get on with more challenging parts of your life.
      2. Dig your heels in and get your refund or ensure that there are consequences to the teacher.

      If you choose to go down the second path:

      The lack of proper paper trail would suggest that there is a strong possibility that this individual is avoiding tax. It may be a good idea to see if the ATO would be interested in auditing her activities.

      You may also want to find out if this yoga instructor is registered (I don't think they have to be), and if so, contact the professional body and ask them for advice on how to deal with this situation.

  • bluedufflecoat on 11/11/2014 - 07:33
    +3

    Name and shame… On review sites. I despise people who act so dishonestly.

  • GaryQ on 11/11/2014 - 19:58

    Bikies
    Or spank her - either way you get something out of it

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