Tumbleweed Posted June 30, 2015 Posted June 30, 2015 I agree that he failed to deliver the service that he should've but I disagree that there wasn't a contract. The OP requested a training plan that was meant to be regulated by Mr Lauer, to which he (Lauer) agreed and in turn provided the OP with a cost therefor which he paid in full. The way I understand SA law this is a contract and Mr Lauer is, imho, in breach because he failed to regulate, monitor and update the OP's training plan for which he was paid. But since I'm not a lawyer, I think we would need a lawyer such as Harryn (by way of example) to weight in on this. Like to see someone try take on a cell service provider on similar grounds. Who hasn't signed a contract with one of them and not got the service they expected? The OP's complaint, in terms of the CPA, would be governed by section 47. Basically, if Swen hadn't been able to supply the the service at the agreed-upon time, he has to either supply an equivalent service - which can't really apply here - or refund the entire amount. That simple. Most of the CPA provisions regarding contracts seem to be about fixed-term contracts and relevant cancellation fees - a minefield on its own - and the freedom of consumers to contract to whomever.
dre Posted June 30, 2015 Posted June 30, 2015 I agree that he failed to deliver the service that he should've but I disagree that there wasn't a contract. The OP requested a training plan that was meant to be regulated by Mr Lauer, to which he (Lauer) agreed and in turn provided the OP with a cost therefor which he paid in full. The way I understand SA law this is a contract and Mr Lauer is, imho, in breach because he failed to regulate, monitor and update the OP's training plan for which he was paid. But since I'm not a lawyer, I think we would need a lawyer such as Harryn (by way of example) to weight in on this. Yes, even an oral agreement is binding in our law. This is likely that this one is written as they most probably always communicated by e-mail.
Tumbleweed Posted June 30, 2015 Posted June 30, 2015 No need to involve lawyers etc. etc. etc. After this thread, Swen will be coaching tiddly winks to an old age home But is he accredited by the Union Tiddlywinkste Internationale?
DIPSLICK Posted June 30, 2015 Posted June 30, 2015 I pretty much "understand" the radio silence on the side of SL(its not higher grade)it doesnt make any financial sense,,,,,but i understand but I dont understand why no more updates from OP, surely there has been communication
T-Bob Posted June 30, 2015 Posted June 30, 2015 He's been tweeting... but not about this. Seems he does like his euro food and wine.
DIPSLICK Posted June 30, 2015 Posted June 30, 2015 He's been tweeting... but not about this. Seems he does like his euro food and wine. cant he be asked
T-Bob Posted June 30, 2015 Posted June 30, 2015 cant he be asked Seems he's a bit busy... and like to travel with a bit of local SA flavour.
Patchelicious Posted June 30, 2015 Posted June 30, 2015 Always knew that people who MTB in baggies are not to be trusted!!
Thor Buttox Posted June 30, 2015 Posted June 30, 2015 I still reckon the OP would have got a better response by closing/hiding the thread and using that as leverage, but after a brief conversation about this thread with someone in the same boat (allegedly... ) , I will say that I am absolutely certain the OP's version is accurate. So I am sorry - I was wrong to call for restraint. (see, Mr UCI Accredited Trainer Guy, an apology is easy? )
fanievb Posted June 30, 2015 Posted June 30, 2015 Like to see someone try take on a cell service provider on similar grounds. Who hasn't signed a contract with one of them and not got the service they expected? The OP's complaint, in terms of the CPA, would be governed by section 47. Basically, if Swen hadn't been able to supply the the service at the agreed-upon time, he has to either supply an equivalent service - which can't really apply here - or refund the entire amount. That simple. Most of the CPA provisions regarding contracts seem to be about fixed-term contracts and relevant cancellation fees - a minefield on its own - and the freedom of consumers to contract to whomever. easy leave the CPA out of it Claim in terms of contract law 1. Breach of contract and refund; or2. specific performance (give me what I paid for)
Patchelicious Posted June 30, 2015 Posted June 30, 2015 easy leave the CPA out of it Claim in terms of contract law 1. Breach of contract and refund; or2. specific performance (give me what I paid for)CPA, CL, SARS leave all these out, a proper PK might help.
MarcL Posted June 30, 2015 Author Posted June 30, 2015 If there are three sides to every story - Mine / His and the truth? Here's MINE: 2 years ago, I sent my newbie wife to Swen Lauer for some skills. (Found him on the W2W site) - I tagged along for fun and Swen did a great job with my wife... She is now a demon on the MTB - Thanks for that. Fast forward to this year, as I got an Epic entry, I decided to call up coach Swen to get a training program. He explained he had all these top athletes and agreed to give me a program based on my very erratic schedule. (I'm away for weeks at a time and can't train, but then home for weeks where I can train without restriction - I sent him my schedule) His fee was around R1000 per month plus a R1000 deposit. I agreed to pay him for 6 months in advance and I paid in Euros - I gave him €600. My first mistake.... About a week later a got a two week block of a training program. After that two week period, I was away for a week so was not alarmed when I did not receive anything else. Then into week four, nothing... and week five nothing.I sent a couple of reminder emails... nothing. So on week six, I made other arrangements. That was a month ago and to date, still no reply to my emails with regards to refunding my money.I tried calling but no luck either.... So before I rant about him running off with my money and not delivering on the agreement, I would like him to either explain HIS side or refund my money. So over to you Swen Lauer.... UPDATE 5 Still no refund and still no contact from Swen LauerI was about to let this go but then I received this PM from a fellow Hubber: "Hi MarcI was also caught in a similar trap with my fees. My lost is about R2 000, which is quite a bit less than yours. I think there will be quite a few of us out there that got caught up in the same situation.I have tried every avenue to contact him or even offered that he can make arrangements with me if he didnt have the money right now - but just let me know out of decency....not a single reply or phone call." This makes me more determined than ever!
DIPSLICK Posted June 30, 2015 Posted June 30, 2015 UPDATE 5 Still no refund and still no contact from Swen LauerI was about to let this go but then I received this PM from a fellow Hubber: "Hi MarcI was also caught in a similar trap with my fees. My lost is about R2 000, which is quite a bit less than yours. I think there will be quite a few of us out there that got caught up in the same situation.I have tried every avenue to contact him or even offered that he can make arrangements with me if he didnt have the money right now - but just let me know out of decency....not a single reply or phone call." This makes me more determined than ever! ohhhhhh that would boil my,,,,
Patchelicious Posted June 30, 2015 Posted June 30, 2015 UPDATE 5 Still no refund and still no contact from Swen LauerI was about to let this go but then I received this PM from a fellow Hubber: "Hi MarcI was also caught in a similar trap with my fees. My lost is about R2 000, which is quite a bit less than yours. I think there will be quite a few of us out there that got caught up in the same situation.I have tried every avenue to contact him or even offered that he can make arrangements with me if he didnt have the money right now - but just let me know out of decency....not a single reply or phone call." This makes me more determined than ever!Swen, eks jammer, maar soos hulle in die Kaap se, jys maar net n p0%s!
Bianchisti Posted June 30, 2015 Posted June 30, 2015 UPDATE 5 Still no refund and still no contact from Swen LauerI was about to let this go but then I received this PM from a fellow Hubber: "Hi MarcI was also caught in a similar trap with my fees. My lost is about R2 000, which is quite a bit less than yours. I think there will be quite a few of us out there that got caught up in the same situation.I have tried every avenue to contact him or even offered that he can make arrangements with me if he didnt have the money right now - but just let me know out of decency....not a single reply or phone call." The plot funking fickens....
Recommended Posts
Archived
This topic is now archived and is closed to further replies.