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Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience:  Qualified solicitor and barrister (non-practising) with 7+ years experience
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Cancellation of a learning agreement contract. I entered

Resolved Question:

Cancellation of a learning agreement contract.

I entered into a contract for a learning agreement with a distance learning provider for Domestic Electrician. The cost of which i could not afford to pay outright. The sales rep arranged the course costs to be paid up front by a company they arranged. Of which i have signed to.

I signed up for the course in July 2013 and paid £100 deposit with a monthly payment of £135 for the following 42 mths.

I feel that the actual course content was not properly explained, if it had been i would never have considered applying.

I am a serving member of the British Armed Forces and due to current commitments i am unable to this my fullest attention.

I have canceled the card charge authority at the bank and with the provider however their instructions are i can cancel the course with them but the repayments are still to be met untill the end of the finance agreement.

I would like to know where/what i can do next. If i have a legal leg to stand on.

My ideal outcome i would like is to be able to cancel and just walk away after returning the first lot of home study materials.

Provider name - ATL Practical Learning
Finance Company - Careers Finance 4 Tade Skills Ltd
Submitted: 2 years ago.
Category: Law
Expert:  Vincent2013 replied 2 years ago.

Hi, thanks for your question. My name's XXXXX XXXXX I'm going to assist you with it.


Unfortunately, cancellation periods implied under law are only for very short periods of time. Further, a change of circumstances or an underestimation of the course requirements will not be valid reasons to terminate.


Notwithstanding this, you should check your agreement to see if there are any express provisions dealing with cancellation. There are sometimes clauses regarding cancellation where there is a change in circumstances. These provisions are usually quite discretionary in nature but you should check the precise terms.


Further, it is important to note that if you do breach the contract by cancelling, the provider may not necessarily be entitled to keep the entire fee. This is because there is a common law requirement to mitigate losses following breach, meaning that they are only entitled to be put in the position they would have been if the breach had not occurred. This may be less than the full value if they don't need to provide any further services, materials, support etc. following cancellation. For any duty to mitigate to arise, the relevant provider needs to be informed, not just the bank.


With regard to the course content, unless a claimant is able to show that the course is so dissimilar from what was described that this results in a fundamental breach of contract, there will not be a right to terminate on that basis.


I'm very sorry if this is not the answer you had hoped for but I have to give you truthful information.


Can I clarify anything for you?

Vincent2013, JustAnswer Expert
Category: Law
Satisfied Customers: 213
Experience: Qualified solicitor and barrister (non-practising) with 7+ years experience
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