Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Is this fraud or theft? And advice re small claims court.

7 replies

BurningBright · 07/05/2015 14:21

My child used to attend a dance class every week. The dance teacher cancelled a number of the classes before announcing that she no longer intended to run them at all. She promised to refund anyone who was owed money for any classes that they had paid for in advance. I have not been refunded, despite sending a number of polite requests and reminders by email.

Would the dance teacher's action - accepting payment for a service which she then did not supply and subsequently failing to return the money paid - be regarded as theft or as fraud?

I have now learned that a number of other parents are in the same situation.

Should we pursue the matter as a group or individually? And would this be a matter for the small claims court?

The individual sums of money are very small, but when you multiply it by the six or seven people that I am aware of it becomes much less significant.

Thanks.

OP posts:
prh47bridge · 07/05/2015 17:35

Theft and fraud are criminal matters. You simply want your money back. You should each lodge a claim in the small claims court. You could also report the matter to the police but I'm not convinced they would get involved.

Morgan · 07/05/2015 17:39

I agree lodge a claim in the small claims court each at the same time if you can organise that with the other parents .

Quitelikely · 07/05/2015 17:42

You must be talking £30-40. Is it worth the aggro

newbieman1978 · 07/05/2015 20:37

Not theft, only fraud if you can prove the dance instructor took your money whilst knowing they didn't intend to run the classes.

Most likely a civil case so take it to the small claims court.

BurningBright · 11/05/2015 08:54

Thanks for your replies.

OP posts:
Collaborate · 11/05/2015 12:13

Fully agree with newbieman1978

balletgirlmum · 11/05/2015 12:20

What you need to do is provide a paper trail. You've already emailed so send one final Letter Before Claim (you can download a template) setting out what you intend to claim, what evidence you intend to rely on (proof of payment if you have it etc) & give them 14 days to reply. Most importantly offer mediation but state if you have no reply you will continue without further contact.

You have to send this letter before small claims will consider your case & it increases your chances.

Unfortunately you do run the risk of the teacher declaring herself bankrupt but you have to try.

New posts on this thread. Refresh page