We are happy to report another success for a consumer (C) in relation to a case where the trader (T) had failed to comply with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.
C had contacted T to join their dating agency. A face to face meeting had taken place, C was emailed a joining pack and made payment to T over the phone. The amount paid was £2,195.00.
When supplying the joining pack and contract, T had failed to supply C with their complaint handling policy; a requirement under the Regulations.
Unhappy with the service, C attempted to cancel the service 6 weeks after signing up and requested a full refund, T refused referring to their terms and conditions saying there was no refund available.
C instructed us to prepare a letter of claim (which spanned 11 pages). T declined to refund and we were then instructed to prepare Court papers to issue proceedings in the County Court as a Small Claim. We prepared the Particulars of Claim which spanned 10 pages making reference to the relevant legislation.
In addition, the Particulars also made reference to the Consumer Rights Act on the basis of unfair terms – the contract terms saying there was no right to a refund in the event of cancellation; and a failure to provide the service with reasonable care and skill or within a reasonable amount of time.
T defended the matter by attaching their complaint handling policy (very late) and referring to their terms and conditions saying there was no refunds. They also stated that they had done their upmost to provide the service to C.
The matter proceeded to a final hearing, and following a full written advice on procedure and matters to address, C represented herself and was successful in obtaining a 100% refund, plus costs with the Judge commenting on the “great set of Particulars”.
If you require assistance with your Consumer issue, we can help. Give us a call on 0151 230 8931; email [email protected] or visit www.whitecollarlegalandadmin.com. Our rates are £43.20 per hour (inc VAT) and are highly competitive.
