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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70209
Experience:  Over 5 years in practice
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I booked to go onto a training course at the end of last year.

Customer Question

I booked to go onto a training course at the end of last year. The course in total costs £16,000. I paid £8,000 in November. Do financial reasons I am not able to pay the remainder. Last month I have had to pull out as a result, however, the company is refusing to return what I have paid. I didn't receive or sign any paperwork - do I have claim with the small claims court?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

Did you agree any cooling off period please?
Customer: replied 3 years ago.

Hi Jo,


 


No cooling period was discussed...

Expert:  Jo C. replied 3 years ago.
Is this an attendance based course?

So they made a place available for you that is now lost to another.
Customer: replied 3 years ago.

yes it is an attendance based course - however, my non attendance would not have affected anyone else - although there was a limit on the number of places available.


 


 

Expert:  Jo C. replied 3 years ago.
Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

That is a problem I'm afraid. Whichever way you look at this, you booked on this course and there is no cooling off period. One would not normally expect a cooling off period anyway with this type of contract.

However, this is an attendance based course and they have made a place available to you. For that reason, they are entitled to the sum of their loss I'm afraid.

You certainly have no claim for the money already paid unfortunately as they have made this place available to you. I'm afraid they probably have a claim against you for the bulk of the remainder. They may or may not pursue that but if you issue against them they would certainly counter claim against you and they have the better claim I'm afraid.

Its probably best to do nothing in the hope that they don't claim against you.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo

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