Saturday, 8 September 2018

The Voice - Consumer's Voice

Should they refund me?

I need advice on this issue, my four year old child goes to a preschool and he has been going there for the past three years. I have always paid school fees on time and in most cases prepaid the entire term.

I have prepaid this term's school fees, this is the term beginning August 2018 and ends October 2018. My wife has been recently transferred and we told the school that we will be moving the child to a different school.

The head teachers has categorically refused to refund us the prepaid portion of the school fees. He refused to give reasons why as well. Please advise on the best cause of action.

Unfortunately, I don’t think I can give you any good news. Normal practice with private schools is that you’re required to give notice of your intention to cancel your child’s place at the school. Normally, it’s meant to be full term’s notice and I don’t think that’s unreasonable. Your child took a place that could have been offered to someone else’s child and if they refund you the fees you paid in advance, the school is going to lose out. Is that really fair on them? You’ll probably find something in the contract you signed with the school that describes this in detail. Any sensible school would certainly include such a condition to protect their interests.

This is very similar to the notice periods you’ll find in many other contracts, whether it’s a tenancy agreement, a contract of employment or a mortgage or bank loan. You can’t just terminate the contract without some sort of notice period or penalty. That’s why it’s so important to read any agreement thoroughly before signing it so you know in advance about conditions like this.

All I can advise you to do is to see if the headteacher of the school is prepared to be flexible, but I must warn you, don’t be optimistic.

Where’s my refund?

I bought a bed on the 16th July from a furniture store for P3,000 cash and they promised to deliver the bed immediately. A week passed and the bed was not delivered, despite the daily promises that the store made that they will deliver the bed every day when I called to make follow up. On July 23rd I asked for a refund because I had not received this bed which I had fully paid for. They asked for my ID and proof of banking details to facilitate the refund, which I submitted and they promised to make payment in a week’s time because a refund is a long administrative process on their side. After week and a half I made follow up about the payment, and I was told there were missing supporting documents that I had to submit.

I was very angry because I don’t understand why they had to wait for my call to tell me there were missing documents but I submitted the ID on the 8th August, 2 days after they had requested them. They then promised payment will be made but to this day I have not received my payment and they are taking me from pillar to post and there has been no feedback whatsoever on their side, I have to call them every day at my expenses and they are just not helpful. What can I do?

I think that the first thing you should do is to stop being so patient. It’s now time to become very, very impatient. You bought your bed almost two months ago, you asked for a refund shortly after that and there is absolutely no reason why it should take this long to be processed.

I think you should write the store a letter reminding them that you cancelled the purchase and exercised your right under Section 15 (1) (e) of the Consumer Protection Regulations to demand a refund, explaining that they’ve completely failed to honour their side of the contract you both agreed. Make it clear to them that you no longer want the product. Tell them that if they fail to give you a full refund within a certain period, perhaps seven days, if you’re feeling generous, two if you’re impatient that you’ll take legal action against them.

Meanwhile we’ll contact the store’s head office and see if the Managing Director can’t accelerate things a little. You’ve been patient enough.

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