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How was the fee paid please?
It was paid by debit card from my son's bank account.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
So does this apply even though my son signed an agreement which states that their conditions are only to refund £100 if you drop out of the application process They emphasise that he signed this, though I find it rather suspicious that these terms aren't on their website but only visible to the applicant once they have begun the application process. They argue that they need to cover their costs - admin, overheads etc, and that they could place him if he remains in the programme. He does not want to spend more money in getting a US lifeguarding qualification as this would mean paying for the course, travel to and accommodation at a UK venue. I feel that if I tell them I have taken legal advice, they might offer to refund more. Is there a law I can quote to support my claim?
Yes because you can seek protection under:
Regulation 5 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.
A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.
Can I clarify anything?
That is what I had read about online and wondered if it applied in this case. Thank you!
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