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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.
What does the contract say about termination please?
That it can not be terminated. Payment's would only stop if i was to die.
So its ongoing course? Or the lump sum is such the monthly repayments are forever?
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.
But you are bound for a further 40 months or so?
Its bad news I am afraid. You are liable for the rest of the term unless the agreement says you can cancel.
This means you will have to continue to pay the amounts owing until it is cleared.
But you should be able to cancel if it is for a course you are not doing
I expect there to be a cancellation clause but to tie you in for 4 years seems excessive
You could take the matter to Court and have the Court declare that it is unfair
there was a cancellation time limit but i'm passed that.
You may have an argument under Reg 5 of
The Unfair Terms in Consumer Contracts Regulations 1999
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.
So its a matter for you to either issue proceedings or continue paying
Can I clarify anything for you about this today please?
i'm assuming taking the matter to court would be expansive.
No, it would be a small claim. It would cost around £300 or so
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.
You would need to write and demand you are freed from the contract, or if not you will go to Court.
If they refuse you issue proceedings by completing form N1 and taking it to your local County Court
Does that clarify matters
yes. thank you Alex.
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