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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I have a dispute with my NVQ learning provider. I have had

Customer Question

I have a dispute with my NVQ learning provider. I have had one or two issues of late and ultimately we have arrived at an impasse. I firmly believe they have failed to meet the terms of their own Terms and Conditions. (which were incidentally quoted to me when I sought a refund of the course fees - £750.00) which state that if the organisation effects my academic progress then a refund is available. I believe that the organisation failed to provide tutor support for Six weeks. It is this specific point that I believe constitutes the effect upon my academic progress. Also, research has led me to believe that the Unfair Terms and Conditions Act 1977 could provide me with further protection.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What is it you want to achieve?

How did you pay the fees?
Customer: replied 3 years ago.

I would like to achieve a full refund of the course fees.


I paid with my debit card as the Course is an online course.

Expert:  UK-Justice replied 3 years ago.
Thanks.,

You should write and ask for full refund within 28 days or say you will go to Court.

If they refuse then you can sue for breach of contract if they have failed to comply with their terms and conditions.

You can do this online at: www.moneyclaim.gov.uk - you will have to pay a fee but this will be added to the claim.

If your claim is for £5000 or below then it will be a small claim and you wont need a Solicitor.

You may also have protection under Reg 5 of The Unfair Terms in Consumer Contracts Regulations 1999 which states:

"A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer"

You will be surprised how quick matters are resolved once proceedings are issued.

I hope this helps.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Customer: replied 3 years ago.

Thanks, XXXXX XXXXX that there are one or two actions that I need to take, however, the $64,000 question is the one of effecting my academic progress. If six weeks is not seen by "others" as being an effect on my academic progress then my case has no merit?


 


Would the Unfair Terms Act still be applicable even if six week is deemed as being "acceptable"?


 


I guess that is my real issue, however, I will follow your answer and action steps.


 


Regards


 

Expert:  UK-Justice replied 3 years ago.
That of course is subjective and depends on what a Judge things.

You need to look at what would the average reasonable person think?

If they think 6 weeks in not acceptable then thats your answer.

In reality it would vary Judge by Judge.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Thanks, XXXXX XXXXX point, do you think it acceptable? that would be a good bench mark for me, I realise this isn't binding in any way.

Expert:  UK-Justice replied 3 years ago.
6 weeks without support acceptable - no...........



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice
Customer: replied 3 years ago.

Hi

I e-mailed the organisation in question, outlining the action I propose to
take. As yet they haven't responded in any way.

I guess they are playing a waiting game.

Regards

Expert:  UK-Justice replied 3 years ago.
Yes I think so..................





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