Dear Ms Ford,
Many thanks for your letter that I received on Saturday 6th June.
Firstly, I would like to apologise for giving you the wrong information regarding only having used one training session out of the seven when you are indeed correct that Alex has used two, one on 23rd November 2011 and the other 14th December 2011, both at Whilton Mill. This would no doubt lessen the amount of refund that I originally asked for.
I have sought legal advice regarding this matter and you are indeed also correct that you are not obliged to give the refund.
However, as I mentioned in our previous correspondence, Stuart agreed, verbally, that a refund for the remaining sessions would be given. The fundamental reason for this agreement was that, as you know, Alex was frightened of the kart, track and traffic and that I would continue to try my best to support Alex in becoming more confident with his driving experience by taking him to the local kart track and that if Alex continues not to improve his confidence it would be deemed inconsiderate and immoral to force Alex back on the track when very clearly frightened just for the sake of using the remaining sessions.
I would also like to think that such agreement was made because Alex and I gave it a fair try over three full days (once at Thruxton and twice at Whilton Mill) rather than giving it up the first time as well as trying it locally once Alex grew some inches in his legs.
You state in your letter that Ziemelis Motorsport has “repeatedly” offered dates and private training if Alex was still nervous in order that the service could be provided in reasonable time but this was not the case as we did not receive anything from Ziemelis Motorsport/you since 7th February 2012.
As you will see from our last two emails, you agreed to wait and see how Alex got on at the local track in trying to boost his confidence and karting experience and that “we’ll go from there”. Although, you didn’t mention anything about a refund should Alex not succeed, this does go against what you claim in your letter.
I can only hope that my points are fair and that you would reconsider giving the refund for the unused sessions that Stuart (a director of the company) verbally agreeing to do so. It is interesting that every time I mentioned this verbal agreement between Stuart and I, via the emails to you since April, you never replied to confirm whether Stuart admits to it or not.
Personally, because I bought this package in good faith and good intentions but unfortunately it was just unlucky that Alex is scared and couldn’t access your services because of his fear (not his fault, surely?), I would feel it would be rather unfair and disappointing of Stuart if he denies ever having verbally agreed to it and I would struggle to understand how he sleeps at night knowing that he did.
However, in order to move on from this, and in hope that a moral approach is opted for this, I would be happy drop the refund request to £990 which would mean £300, full price, per session used (not the discounted £270) and, as a gesture of goodwill, another £300 for an “inconvenience charge” – i.e., £1890 – £300 – £300 – £300 = £990.
Otherwise, and as I have made every effort to try sell the package to a third party through various karting pages on Facebook (even Thruxton and Whilton Mill, themselves) and that I have no interest in the package myself (which was bought for Alex), I would prefer to take up your original offer of selling the package on your website, if this would be possible, please. Instead of the full £1290 for 5 sessions, I would be happy to sell it for £995 – or to sell each session, individually, for £199.
Please could you email me within 7 days of this letter of what you would like to do so we can make the necessary arrangements."