Obtaining Refund Fom Riding Stables And Riding Centre

[jambolet]

My husband and I have been riding for a couple of years now
We stopped riding at lockdown in March 2020 and as we booked classes in advance to get weekend riding we have accrued a credit on our account as all our lessons were cancelled
The stables have not been able to provide any weekend lessons for us so the credit still sits on our account as we cannot ride
We also booked a short riding break in May 2020 to learn to canter which was cancelled due to lockdown, the centre has since re-opened and we can re book this course now
My husband was diagnosed with terminal cancer very recently which has spread across his body and to his bones and has been told you cannot caary on horse riding
Despite asking very nicely and providing gps proof of my husbands diagnosis our riding school wont refund our cancelled lessons credit and the riding centre wont refund our course deposit paid
Our riding school only refunds in extreme circumstances and the riding centre have absolutely no Ts & Cs on their website but says course deposits paid are non refundable
Any thoughts or further ideas greatly appreciated

 

[EllenJay]

Did you pay by credit card - if so you could claim back from the credit card company, but if cash then probably small claims court.
So sorry about your husband xx

 

[jambolet]

Did you pay by credit card - if so you could claim back from the credit card company, but if cash then probably small claims court.
So sorry about your husband xx

Hi Ellen - Lessons by credit card/ short break BACS as don't take credit card
Small claims court being considered now
Thanks

 

[laura_nash]

Did you pay by credit card - if so you could claim back from the credit card company, but if cash then probably small claims court.
So sorry about your husband xx

I'm not a lawyer but I don't think you'll get a non-refundable deposit or pre-paid class booking back either via credit card or small claims.

OP would probably be better off trying to "shame" them into a refund by posting on their facebook page or similar stressing the reason they can't attend.

Unfortunately riding schools and riding centres are struggling financially at the moment, I'm sure in other times they would have refunded given the circumstances but at the moment they may genuinely not have the money so be much more reluctant to refund unless legally obliged to (which I suspect in this case they aren't).

OP - If you know any of the people who ride at the RS can you "sell" them your credit at a small loss? Might be less stressful all around.

So sorry about your husband.

 

[jambolet]

I'm not a lawyer but I don't think you'll get a non-refundable deposit or pre-paid class booking back either via credit card or small claims.

OP would probably be better off trying to "shame" them into a refund by posting on their facebook page or similar stressing the reason they can't attend.

Unfortunately riding schools and riding centres are struggling financially at the moment, I'm sure in other times they would have refunded given the circumstances but at the moment they may genuinely not have the money so be much more reluctant to refund unless legally obliged to (which I suspect in this case they aren't).

OP - If you know any of the people who ride at the RS can you "sell" them your credit at a small loss? Might be less stressful all around.

So sorry about your husband.

Hi Laura
Thanks for your reply
The legal perspective on this is that we have paid for services we can no longer take part in and therefore in law should be refunded accordingly (offer and acceptance is the legal contract format this falls within)
The fact they may not have the funds available to refund is not a valid legal defence
Thanks Anyway

 

[1523679]

From your post it appears that you are seeking refunds from two separate entities - a riding school and a riding centre. Both have rejected your appeals for refunds and failed to offer any alternative service and/or compensation.

You mentioned that at least one of the entities states that it does not refund prepaid fees. Depending on how and when this information was presented to you, it may be deemed to be contractual.

You have three courses of action based on the information you have provided:
- engage a solicitor to take legal action on your behalf
- represent yourself and bring an action to the small claims court
- write off the losses.

Option 1 will cost you money in solicitors’ and courts’ fees, but will involve less stress and aggravation for you at this already difficult time.

Option 2 is cheaper, but given your situation do you really want to be spending your time ploughing through a legal process?

Option 3 will cost you whatever monies you have outlaid in deposits etc, but you will not have to spend any more time and energy worrying about it.

Which option you choose would depend on how much money you are talking about and how much time & effort you are willing to expend retrieving it.


#notalawyer
cos you don’t get those for free on t’internet

 

[southerncomfort]

This sounds similar to some of the travel companies who cancelled holidays but refused to give cash refunds and issued credit notes instead.

Unfortunately it sounds like you accepted these credits at the time so I'm not sure that you can now request cash instead.

I would speak to citizens advice and/or trading standards to ask whether the riding school/centre are obliged to give a cash refund rather than credit if asked.

I'm so sorry about your husband.

 

[Cheval Gal]

I'm so sorry you're going through such a stressful time, op.

My advice would be to begin a chargeback via your bank, if you paid from your bank account. Basically, you fill in a form and provide proof of payment on your bank statement. The bank then refunds you the money and claims it back from the riding school. It would be classed as 'services not provided'.

I hope this helps you, and wish you and your husband all the best x

 

[jambolet]

From your post it appears that you are seeking refunds from two separate entities - a riding school and a riding centre. Both have rejected your appeals for refunds and failed to offer any alternative service and/or compensation.

You mentioned that at least one of the entities states that it does not refund prepaid fees. Depending on how and when this information was presented to you, it may be deemed to be contractual.

You have three courses of action based on the information you have provided:
- engage a solicitor to take legal action on your behalf
- represent yourself and bring an action to the small claims court
- write off the losses.

Option 1 will cost you money in solicitors’ and courts’ fees, but will involve less stress and aggravation for you at this already difficult time.

Option 2 is cheaper, but given your situation do you really want to be spending your time ploughing through a legal process?

Option 3 will cost you whatever monies you have outlaid in deposits etc, but you will not have to spend any more time and energy worrying about it.

Which option you choose would depend on how much money you are talking about and how much time & effort you are willing to expend retrieving it.


#notalawyer
cos you don’t get those for free on t’internet

Thanks probably going with option 1

 

[jambolet]

This sounds similar to some of the travel companies who cancelled holidays but refused to give cash refunds and issued credit notes instead.

Unfortunately it sounds like you accepted these credits at the time so I'm not sure that you can now request cash instead.

I would speak to citizens advice and/or trading standards to ask whether the riding school/centre are obliged to give a cash refund rather than credit if asked.

I'm so sorry about your husband.

Hi SC
Happy for refund to credit card for lessons and back to bank account for course as paid
Contractually we have paid for services we cant now take advantage off so in law we should be refunded
Its a simple case of we have paid for services we cannot now complete and the suppliers have no legal right to retain the money
Thanks

 

[southerncomfort]

I think you're right to seek money back for lessons the riding school couldn't provide. I'm afraid you'll have a harder time getting your deposit back from the riding centre but I wish you luck and hope they do the (morally) right thing.

 

[jambolet]

I think you're right to seek money back for lessons the riding school couldn't provide. I'm afraid you'll have a harder time getting your deposit back from the riding centre but I wish you luck and hope they do the (morally) right thing.

Thanks SC - Clearly you know more about the riding centre refunds possibility which I am becoming well aware of now and am really unhappy with in view of our situation
Thanks

 

[TPO]

Really sorry to hear about your husbands diagnosis. Thinking of you both.

Sadly I don't think that you are legally entitled to a refund because the services are available (lessons) and I'd imagine that the deposit would be non-refundable. Sadly it is your circumstances that have changed.

Morally the right thing to do is refund your money but I'm guessing that because of covid the money will already be spent and they won't be earning at the same level to have the money available.

I'm guessing it's not an option for you to carry on with your lessons? It might help to have something to focus on and have some me/self-care time at this very hard time.

 

[HashRouge]

Is this any help? https://www.gov.uk/government/publi...de-for-consumers/cancelling-goods-or-services

Based on this, it sounds like the riding school should definitely refund you at least some of the money. I'm not sure on the riding holiday though. Does this include accommodation/ food as well as riding? As if so it may count as a package holiday and in that case I'm not sure you would be entitled to anything.

 

[jambolet]

Really sorry to hear about your husbands diagnosis. Thinking of you both.

Sadly I don't think that you are legally entitled to a refund because the services are available (lessons) and I'd imagine that the deposit would be non-refundable. Sadly it is your circumstances that have changed.

Morally the right thing to do is refund your money but I'm guessing that because of covid the money will already be spent and they won't be earning at the same level to have the money available.

I'm guessing it's not an option for you to carry on with your lessons? It might help to have something to focus on and have some me/self-care time at this very hard time.

Hi Thanks for your reply
In the context of law if you pay for a service and cannot take advantage of it you are legally entitled to a refund, because an offer of the service has been made and your acceptance is payment of the cost for it.

Where the contract cannot be fulfilled by either party due to an extreme circumstance beyond your control then a refund is a legal entitlement.

 

[laura_nash]

Hi Laura
Thanks for your reply
The legal perspective on this is that we have paid for services we can no longer take part in and therefore in law should be refunded accordingly (offer and acceptance is the legal contract format this falls within)
The fact they may not have the funds available to refund is not a valid legal defence
Thanks Anyway

The link HashRouge posted seems to contradict this, particularly in the case of the deposit, as does my prior experience, but as I said I'm not a lawyer. Not sure why you posted if you had already taken legal advice and didn't want to hear any other viewpoint or suggestion.

Obviously not having the funds to refund is not a valid legal defence. My point was they would probably have refunded anyway before, on compassionate grounds, but I suspect at the moment they won't unless forced to and they may well believe they have no legal requirement to do so.

Also, not having the funds is not a legal defence, but it can make it much harder to actually get the money even if you win a court case.

 

[Shay]

Contractually we have paid for services we cant now take advantage off so in law we should be refunded

In the context of law if you pay for a service and cannot take advantage of it you are legally entitled to a refund, because an offer of the service has been made and your acceptance is payment of the cost for it. Where the contract cannot be fulfilled by either party due to an extreme circumstance beyond your control then a refund is a legal entitlement.

I'm really sorry this is absolutely not the case in UK law.

A contract may be frustrated by the inability to perform it as origionally intended - but that does not entitle either party to an order for specific performance or compensation. It simply brings the contract to an end without fault. Cancellation policies are usually clear in the small print and - unless entirely unreasonable - unlikely to be held to be in breach of Consumer law. If you paid on a credit card or through another means with buyer protection you might - only might - be able to reclaim the money. Payment by BACS or cash is not so covered. You are stuck with the cancellation policy you accepted when you paid because that is in intrinsic part of the contarct you agreed to.

It is really sad that this has happened to you and I am really sorry you have found yourself in this position. But you are not going to be able to obtain a refund if this is outside the cancellation policy for the seller. If they don't have a cancellation policy then standard distance selling (if this was distance selling ) regs apply and you have 14 days to reject and obtain a refund. Outside of this the most they have to offer you is a credit note.

You have so much else on your mind right now. I completely understand your need to hit out at anyone and anything about the sheer unfairness of it all. But you need to pick which battles you fight right now and this one probably isn't one of them. I am so sorry. I can't imagine what is going through your head right now. I lost my mother to cancer earlier in the year - not a husband, not the same. But I do have some insight into what you may be going through. Don't pick fights you can't win. He needs you now. Your family needs you now. Please do reach out to cancer support organisations like Marie Curie, BaCUP etc. If, having walked the hospice care / home care etc path myself recently, I can help on a human level at all feel free to PM.

Make the most of your time. Don't dilute it with battles you can't win.

 

[Pearlsasinger]

If the contract for the riding holiday says 'non-refundable' then I can't see that you have much chance of having your deposit returned.

As for the RS, I am not convinced that you are correct in your assertion that should circumstances change you are entitled to a refund. If the RS was unable to fulfil their side of the contract you would certainly be entitled to a refund but I think all you can do under the current circumstances is request one. I am sorry that your and your OH are in this situation.
ETA, Having been in a similar position to you, I second the advice to make the most of your time together. You will find that it is all to short, unfortunately.

 

[JulesRules]

So sorry you are going through this.

Like @Shay I also lost my Mum to cancer this year and agree with what both Shay and @Pearlsasinger have said.

It's hard not to be angry, but you need to focus on taking care of both yourself and your husband right now. Unless you can find an easy solution like claiming on insurance or transferring the credit to someone else you might just have to let it go. You have so many bigger things in your life to deal with right now.

I hope you find the strength to deal with what the months ahead have in store x

 

[Flyermc]

I think id like to know the outcome to this!

Im no legal expert, but from my point of view

You paid for lessons that had to be cancelled due to COVID - not the Riding Schools fault
The riding school has now opened and you could now attend lessons, but you cant make the times/days
Im assuming this credit will stay on your account until you can attend

You booked a riding holiday that had to be cancelled again due to COVID - not the Riding Holidays fault
These have now started up again, so you could attend but to medical reason for your husband, he can no longer attend

It sounds to me that there is no reason why you couldnt do these activities, its your husband that can no longer due to health reasons. I suppose this is why peeps have travel insurance for the unexpected!!

I dont see why they should refund legally, but perhaps morally? however if it helps ive recently taken a person to the small claims court and it was really simple. We won the case, however im not convinced we'll see any money returned.

 

[jambolet]

What is totally clear with thie

I think id like to know the outcome to this!

Im no legal expert, but from my point of view

You paid for lessons that had to be cancelled due to COVID - not the Riding Schools fault
The riding school has now opened and you could now attend lessons, but you cant make the times/days
Im assuming this credit will stay on your account until you can attend

You booked a riding holiday that had to be cancelled again due to COVID - not the Riding Holidays fault
These have now started up again, so you could attend but to medical reason for your husband, he can no longer attend

It sounds to me that there is no reason why you couldnt do these activities, its your husband that can no longer due to health reasons. I suppose this is why peeps have travel insurance for the unexpected!!

I dont see why they should refund legally, but perhaps morally? however if it helps ive recently taken a person to the small claims court and it was really simple. We won the case, however im not convinced we'll see any money returned.

Hello
OMG your respnse is staggering
leave my terminally ill husband alone at home whilst I go horse riding and on a 5 day holiday
Dont think so
Spoke to a local solicitor today good win prospects on both in small claims court as morally and legally refunds are due
So that is my next step

 

[Flyermc]

What is totally clear with thie


Hello
OMG your respnse is staggering
leave my terminally ill husband alone at home whilst I go horse riding and on a 5 day holiday
Dont think so
Spoke to a local solicitor today good win prospects on both in small claims court as morally and legally refunds are due
So that is my next step

WOW your rude!

 

[Shay]

Spoke to a local solicitor today good win prospects on both in small claims court as morally and legally refunds are due

Morality has nothing to do with law. I agree with you that perhaps morally they might consider a refund. But that is a world away from a legally enfoceable right.

Please - focus on the time you have togther. You have 6 years in limitation to enforce a debt. Worry about your husband now. This time is all too short. Focus on him. When this all concluides (I am sorry!) then pick up the thread. Don't fight it now. You need your emotional energy for far more important things.

 

[jenniehodges2001]

My husband and I have been riding for a couple of years now
We stopped riding at lockdown in March 2020 and as we booked classes in advance to get weekend riding we have accrued a credit on our account as all our lessons were cancelled
The stables have not been able to provide any weekend lessons for us so the credit still sits on our account as we cannot ride
We also booked a short riding break in May 2020 to learn to canter which was cancelled due to lockdown, the centre has since re-opened and we can re book this course now
My husband was diagnosed with terminal cancer very recently which has spread across his body and to his bones and has been told you cannot caary on horse riding
Despite asking very nicely and providing gps proof of my husbands diagnosis our riding school wont refund our cancelled lessons credit and the riding centre wont refund our course deposit paid
Our riding school only refunds in extreme circumstances and the riding centre have absolutely no Ts & Cs on their website but says course deposits paid are non refundable
Any thoughts or further ideas greatly appreciated

So very sorry to hear about your husband's diagnosis. Having lost a much loved family member with the same I know how you must fee. I think its very bad of the riding centre not to refund you monies paid in light of your husbands diagnosis. As others have said you need to concentrate your energies on your husband for now. Thinking of you.

 

[18hhOlls&Me]

My husband and I have been riding for a couple of years now
We stopped riding at lockdown in March 2020 and as we booked classes in advance to get weekend riding we have accrued a credit on our account as all our lessons were cancelled
The stables have not been able to provide any weekend lessons for us so the credit still sits on our account as we cannot ride
We also booked a short riding break in May 2020 to learn to canter which was cancelled due to lockdown, the centre has since re-opened and we can re book this course now
My husband was diagnosed with terminal cancer very recently which has spread across his body and to his bones and has been told you cannot caary on horse riding
Despite asking very nicely and providing gps proof of my husbands diagnosis our riding school wont refund our cancelled lessons credit and the riding centre wont refund our course deposit paid
Our riding school only refunds in extreme circumstances and the riding centre have absolutely no Ts & Cs on their website but says course deposits paid are non refundable
Any thoughts or further ideas greatly appreciated

What a situation I really hope you are both doing ok.
I don’t know if this has been suggested but rather than an actual civil court case have you thought of small claims court? It’s a much easier process and shouldn’t cost you a penny. Also if they don’t show up you automatically win. And even if you don’t win you won’t have paid solicitors fees or anything. See attached page. I won in small claims court years ago. They didn’t even bother to show. Best case scenario they will have to pay you back x

 

[jambolet]

Refund Update
Riding school has just refunded all cancelled lessns credit
Small claims court for riding holiday refund now

 

[jambolet]

Riding holiday just refunded half our deposit
Matter now closed