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Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69258
Experience:  Over 5 years in practice
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I have paid £750 towards a diploma course and have received

Customer Question

I have paid £750 towards a diploma course and have received the workbook but do not want to do the course as it is not what I thought it to be and lacks information. I have asked for our money back but the person says no. I have not signed anything and there is no contract nor terms and conditions regarding a refund. Would you please tell me my rights. Thank You
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Have they failed to deliver anything in particular?
Customer: replied 2 years ago.

The course costs £1750 in total and this was the first payment £750. My personal circumstances have changed and I have actually not started the course.

Although I have received a workbook and met with the person to talk the workbook through with me, I felt that the course wasn't for me and wasn't worth the money.

The specifics of the course weren't what they had described to me, and she was very derogatory about the lady who trained her which put me off completely.


I feel the problem lies in the fact that if I have asked for a refund and she has no terms and conditions about refunds, then what right does she have to withhold my money?

Expert:  Jo C. replied 2 years ago.

I'm really sorry but it's bad news I'm afraid. If you give me 10 min I will type out an answer for you.
Expert:  Jo C. replied 2 years ago.
Thank you.

It's bad news I'm afraid. You problem realise that now.

Sadly, there was a time clock upon this. The start date was October 2010 and you have not completed. Even taking into account the maximum pause period of 6 months you would still be out of time.

Unless you agreed rights of cancellation I'm afraid that you are liable for something.

On the positive side, this is a distance learning course so they can be no pressure on places. For that reason you have not taken place away from anybody else and so they only have lost profits claim rather than a claim for the full sum due under the contract.

You could try to argue that there was a misrepresentation but it's not the best points because you did not rely upon it at the time that you contracted originally.

You could of course refuse to pay and invite them to sue. They may not. Often they do not. If they do not then this will fall away after 6 years as they will be out of time but obviously you take the risk that they could sue.

Can I clarify anything for you?

Customer: replied 2 years ago.

I started the course November 2013

Expert:  Jo C. replied 2 years ago.
I am sorry. I have copied and pasted a post that should have gone upon a different question.

if you give me five mins I will dictate yours again.
Expert:  Jo C. replied 2 years ago.
I am sorry and I wish that I could give you good news but I'm afraid that I cannot.

Unfortunately it would appear that you are liable.

Clearly a contract does exist because you paid a deposit and received the course. I appreciate that you didn't sign anything but that does not mean that no contract exists.

You do not appear to have agreed cancellation rights and if you did not then none will exist. Unless this falls under the distance selling regulations, there will not be statutory cooling off rights.

Unless you can show that the course is so dissimilar from what you ordered that there is a really fundamental breach of contract you do not have rights to cancel. What this appears to come down to is that you take the view that the course is not good value for money which is not a ground to escape I'm afraid.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Customer: replied 2 years ago.

Thank you for your help.

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.

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