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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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i signed a contract when i was 18 years old with a company

Customer Question

i signed a contract when i was 18 years old with a company called ATL and i have been paying for this so called electrical course for way over a year now. I no longer want to take the course as my interest are elsewhere and i wish to pursue a different career. I phoned up the company saying that i didn't have a job and that i can't afford to pay for it no longer. Unfortunately that is a lie, i do have a job but there is no point in me paying for something that i don't believe to be any good. They are taking £33.75 a week off me and demand if i wish to terminate the contract i am to pay the rest of this in full. (Approximately £3225.00)
i am wishing to start a new life with my girlfriend and i'm thinking of getting onto the mortgage ladder when she finishes university next year. I desperately seek advice from anyone that may be able to help me. please.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What does the contract say about termination please?

JACUSTOMER-a1voxhor- :

That it can not be terminated. Payment's would only stop if i was to die.

Alex Watts :

So its ongoing course? Or the lump sum is such the monthly repayments are forever?

JACUSTOMER-a1voxhor- :

its 48 months long and i'm around 8-9 months in. I could tell you the exact dates and everything when i have the contract to hand.

Alex Watts :

But you are bound for a further 40 months or so?

JACUSTOMER-a1voxhor- :

yes.

Alex Watts :

Its bad news I am afraid. You are liable for the rest of the term unless the agreement says you can cancel.


Alex Watts :

This means you will have to continue to pay the amounts owing until it is cleared.

Alex Watts :

But you should be able to cancel if it is for a course you are not doing

Alex Watts :

I expect there to be a cancellation clause but to tie you in for 4 years seems excessive

Alex Watts :

You could take the matter to Court and have the Court declare that it is unfair

JACUSTOMER-a1voxhor- :

there was a cancellation time limit but i'm passed that.

Alex Watts :

You may have an argument under Reg 5 of

The Unfair Terms in Consumer Contracts Regulations 1999

Alex Watts :

This states:

Alex Watts :

1) 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.

(2) 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.

Alex Watts :

So its a matter for you to either issue proceedings or continue paying

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-a1voxhor- :

i'm assuming taking the matter to court would be expansive.

Alex Watts :

No, it would be a small claim. It would cost around £300 or so

JACUSTOMER-a1voxhor- :

and how would i go about talking to someone about taking it to court? as i believe that i was falsely advised by the gentlemen that helped me through the signing of the contract.

Alex Watts :

You would need to write and demand you are freed from the contract, or if not you will go to Court.

Alex Watts :

If they refuse you issue proceedings by completing form N1 and taking it to your local County Court

Alex Watts :

Does that clarify matters

JACUSTOMER-a1voxhor- :

yes. thank you Alex.

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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Alex Watts :

Can I clarify anything for you about this today please?

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