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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have made a small claim to recoup fees paid to the London

Resolved Question:

I have made a small claim to recoup fees paid to the London School of Business and Finance for a post grad course in that failed to start when they said it would and with an indeterminate delay. In the meantime I had to find an alternative course, which I did and have been studying at Southampton University The claim was made against both a) LSBF and b) Mr Aaron Etingen - the founder/CEO - in person. Their defence on (b) is that as a private person he is not responsible and on (a) that, inter alia, their T&Cs state no refunds other than in the case of a Visa refusal. I am minded to drop the claim against AE (to avoid wasting court time) but continue with (a) - is that sensible? Can T&Cs absolve LSBF from effectively taking money under false pretences as they failed to start the course (they broke the contract! ); or is there overriding law to prevent this? Also, they request a hearing in London; I am in Southampton studying hard on the replacement course I found just in time at Southampton University and course commitments make it very difficult to spend a day in London; LSBF have already put my pg studies at risk - if the judge is persuaded from the papers I have been unreasonably treated already can s/he decide that the hearing should be in Southampton? I have a dossier with evidence of their postponements, lack of accurate information regarding the awarding body and starting date of the course to support my claim. Should I send it to the Court, with a copy to LSBF now? Also, the Court is offering mediation services, but I'm inclined not to accept it because I have already given them many opportunities to solve this issue nicely. What do you suggest?
Many thanks. XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX 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 is the cost and has it been allocated to track please?

Alex Watts :

Do their terms say that there are no refunds if the visa is refused?

Customer:

The Cost is £3558,57

Alex Watts :

ok

Customer:

the terms says the opposite: that the refund can only bu done in case of visa refusal. But the thing is I never had the chance of having a visa because they never provided me the documents to require it

Alex Watts :

Ok - so it was their fault that you could not start the course?

Customer:

Yes

Customer:

They postponed it 3 times

Customer:

And finnaly I chose to ask for a refund so I could have time to apply to another institution

Alex Watts :

Ok - you can't sue the CEO

Alex Watts :

The employer is vicariously liable for the actions of their employees, so that claim will fail

Customer:

ok.

Alex Watts :

You may have a claim against the school under Section 13 of the Sale and Supply of Goods and Services Act 1982 in that they must act with all reasonable skill and care.

Alex Watts :

If they have not then you have a claim

Alex Watts :

As for location - it will be automatically transferred to your home county court, IF You drop the claim against the CEO

Alex Watts :

If you name the CEO and continue with that case then it will be heard at his home Court.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What about the mediation?

Alex Watts :

You can try for that, if I remember its a free service

Customer:

Is it worthest since I`ve tried to negotiate this so many times?

Customer:

And what about sending the dossier? I have some copies here. Should I send them to Court and to LSBF as well?

Customer:

And if I sent them a copy of my dossier, can they make another defense based on the documents that I sent?

Alex Watts :

If it goes to Court then you would send all documents which you seek yo rely on 14 days before any Court hearing

Alex Watts :

So you dont need a dossier at this stage

Customer:

I`m going to Italy for 1 week from this Sunday, and when I called the Small Claims Court his week they said it was likely to take 3 to 6 weeks to have a hearing. Is there any chance of having a hearing next week?

Alex Watts :

No chance.

Alex Watts :

It is all down to listing

Alex Watts :

In any event all documents have to be disclosed 14 days before a hearing

Alex Watts :

But you can tell the Court when you will not be there and they can list it outside these times

Customer:

Ok...

Alex Watts :

Can I clarify anything else?

Customer:

Thanks a lot for your attention

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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Customer:

One more thing!

Alex Watts :

Yes?

Customer:

How can I decline Aaron Etingen from being a defendant?

Alex Watts :

You need to write to the Court and say you discontinue the claim against this defendant

Customer:

Ok. Thank you

Alex Watts :

No problem - please remember to leave feedback before you go today

Customer:

ok

Alex Watts :

Thanks.

Alex Watts :

All the best with this Bianca

Customer:

Can I ask you a last thing? When I send the dossier to the court, do I have to send LSBF a copy?

Alex Watts :

Yes you do

Alex Watts :

Its all about disclosure so everyone sees everything. Same for you, same for them

Customer:

Ok, Thanks so much again

Alex Watts :

No problem - please remember to click a happy face before you go today.

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