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Did you receive an initial consultation about your application and was the issue of whether you had enough points to be eligible to make the application discussed?
If not, were the amount of points you were eligible for otherwise discussed?
Yes I did, They said I should make the pass mark. They sent me a contract that said if i have this and if i have that I make the pass mark. I spoke to a sales consultant at length who told me i had enough points. When a consultant form the visa team called me a week later they told me I was 10 points shy. I said if i had know that I would not have gone ahead and asked for the refund. Hope that helps Sheree
Was their confidence in your obtaining the requisite number of points documented in written form?
Which of the points based visas was the application for?
I was sent a contract of services and a break down of each application area for a visa to canada based on the skilled workers visa. It said a lot of "if you have" questions on each area when myself and the sales consultant went through it we both agreed that i would meet the points allocation based on his advise. However when the Visa consultant called me she advised that I was missing 10 points and had been ill advised at how to look at the form. She agreed that i should have been told that in realitiy i was missing 10 points but I could still apply but it would take two years to process but they would help me find a role. I said i would prefer to find my own role and come back when i have the full points. Thanks Sheree
Okay, was the visa consultant an employee of the company and are they a UK registered company?
The key is proving that the advise you received falls short of a reasonable care and skill, are you confident you can do this?
Yes they are a UK company, however there head office is based in New Zealand. They reg number begins with BR rather than just numbers but they are listed on Compaines House.
Yes they did do that and yes I am confident I can prove that. All I want is my refund £1700 is a lot of money that is gaining interest in thier account instead of mine. I have been prepaired to over look the miss leading information to just get my refund but the fact that they continue to do nothing about my refund leaves me with no choice but to complain about the way in which they took my money. If I knew I did not have enough points I would not willing hand over that much money, what would be the point. I took the sales consultants advice in good faith and his advice was mis leading. I have all the documents and emails. All i can not do is prove what was said on the phone, unless they record them! (sorry bit of a rant there)
Firstly I would write one last letter from you. Entitle it "Letter before Intended Legal Proceedings". Set out the background and that you believe in assessing you to have enough points they have not carried out their service with a reasonable care and skill. Mention that this is a breach of s13 of Supply of Goods and Services Act 1982 and you are therefore entitled to a a full refund of your monies. State that if you do not receive the refund or a response within 7 days of the date of this letter then you shall issue a claim in the small claims court via http://www.moneyclaim.gov.uk/ to recover the monies.
If they do not respond then I would go and speak to a local civil litigation solicitor to get them to write a further letter before action to them. It will be cheap £40.00 and you can find them though this Law Society search engine:-
If they do not respond after that you will be forced to issue a claim to sue them for the refund. You can do this through Money Claim mentioned about. Before submitting your claim you may consider asking a solicitor to either prepare or check your claim forms for you so that you issue from a strong position. You will have to mention the above section, that is your cause of action here.
As I say, they key is proving that the service the provided to you was below a reasonable care and skill. Provided you can do this you can recover your money.
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You're welcome, thank you very much for your accept and kind bonus.
If you do issue, when speaking to a solicitor I would ask them for an opinion on your prospect of success based on the documentary evidence you can show h because if you lose the company may seek to claim their legal costs against you.
Will do thanks again Tom, I am pretty sure the advice given will be a lot more effective than "Pllllllllllllease give me my money" But I will ensure that i get them to check it all before I proceed with anything really serious.
Thanks again much appreciated Sheree
You're welcome (again).