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In need of legal advice about REFUND. Thank you!

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Arresto Menor
Hi! My story goes like this. Sorry po kung mahaba, I just want the story to be precise and walang missing details. Sana wag po kayong mawalan ng interest na basahin. Thank you!

Last March 21, 2012 is supposed to be Tour po namin, nagbigay po sila ng deadline for payment and we follow naman po para makasama kasi may percentage sa grade. During that time din po, we are dealing with our OJTs. We're in hunt for a good company that can cater our internship. So, knowing na madami po kaming activities ahead my boyfriend and I planned our sched already.

But March 20, 2012 came and it was just then that they announced na moved daw po yung Tour namin to March 26 because of unmet number of payees. Unfortunately, we have an agreement for our internship to a company already that we cannot cancel.

So, right after reading the posts of my instructor in the Facebook group, I made my statement that we cannot join the tour anymore and that my mother demands for a refund. I also SMSed my instructor the night before the tour just to make things clearly, she replied and we exchange texts that ends to a deal na ibibigay na lang yung refund namin sa isa naming friend na kasama sa tour. I'm the one who suggested the deal to make things easy, for it was already vacation/ojt hours after the tour and we will be based on Manila na and she fully agreed with it. So, I told my friend and he also agreed.

We thought everything was going smooth but after the tour when we asked our friend about our refund, he told me na sabi daw nung instructor dapat kami daw ang kumuha which she never told me in our exchange of SMS. The tour was in Manila and we're in Manila too for our appointment that time. She should've told us if that's what she wanted, then we could've went into the hotel they stayed.

Unfortunately, the instructor in charge's effective resignation is after the tour. When I text her about the matter, she said that she's no longer connected to the University. So, I searched the net what are the steps for refund to come up w/ the right refund process. I made a Refund Request Letter where I stated the reason we didn't make it to the tour and the amount that we paid.

April 16, we handed our letter and photocopy of receipts to our dean to seek help RE our refund. She told us that she knew nothing about the situation and she advised us to come back after few days. We came back April 23 only to know na tinanggal na yung Dean namin and new Dean na ang nakaharap namin. We told the story all over again. She told us to e-mail her the letter we handed the ex dean and to return again.

When we return, what they told us is that hindi daw po kami nag-sabi agad. Naibayad na daw po sa Agency yung money. But we have screen shots po nung statement namin sa facebook and announcement nung instructor with date and time that can testify na nag-sabi po kami right away. It was only the night before the tour nag-reply yung instructor sa text kaya dun lang kami nagka-deal RE refund na hindi naman nila tinupad. And if that's true, sana hindi na po pumayag yung instructor namin sa arrangement na ganun di ba? She could've told us na naibayad na, pero wala po siyang sinabing ganun. Very clear po ang arrangement namin.

And kung naibayad na po yung money sa Agency how come tumanggap pa po sila ng late joiners? May nagcomment po kasi night before the tour na gustong humabol at magbabayad na lang on the spot and the instructor agreed. That's when I started to text the instructor RE our refund and suggested na baka pwedeng in exchange na lang siya ng isa sa min at ibigay na lang sa friend namin yung money, she agreed but we got no refund at all. San napunta yung binayad nung humabol?

Till now, we e-mail the dean once in 2mos to update us w/ the case's status pero hindi po kami naa-update, not a single word.

May laban po ba kami sa case na ganito? Haaay! Pasensya na po kayo. Hope you can help us. Thank you po!

Last edited by Amorice on Mon Dec 17, 2012 8:04 pm; edited 1 time in total

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Arresto Menor
Our total money lost is 8,700php. I hope somebody can give us advice on this. Thank you!

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