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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70187
Experience:  Over 5 years in practice
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Four years ago I lost my well paid job which left me very depressed.

Customer Question

Four years ago I lost my well paid job which left me very depressed. Within a couple weeks I had signed and paid to do a coaching course which I could not bring myself to do. Two years ago I contacted the company to ask for a refund and they told me that I could not get a refund but that they would help me to get on track to be able to do the course. I tried but still was unable to commit to the course as I was still going through a very difficult time. So last year again I asked for a refund and they're refusing to refund me stating that it was part of the contract I signed when I registed over the phone. Is there anyway I can pursue the company for a refund?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

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

How much did you pay for the course please?
Customer: replied 3 years ago.

£4,696.48

Expert:  Jo C. replied 3 years ago.
Thanks.

Did you agree cancellation rights please?
Customer: replied 3 years ago.


I can't remember. It was all done over the phone and by email. There is no mention of cancellation in the confirmation email.

Expert:  Jo C. replied 3 years ago.
Thats a problem Im afraid.

Is there any basis upon you think there should be a refund?

Did they agree to allow you to escape or say anything suggesting they would?
Customer: replied 3 years ago.


I'm not quite clear on the question.


 


I think I should be refunded because I am not able to do the course and although they are saying I can do it at anytime my personal circumstances means that it is not possible. My career plans have changed and this course do longer suits the direction my life is taking. After 4 years I'm now getting my life back on track. I had asked for a refund after two years but they refused. At the time I paid for the course it was a very difficult time in my life and I believe that I made that decision in haste and at a time that I was in a vulnerable place.


 


I can't remember talking about cancellation but I can only assume there must have been.

Expert:  Jo C. replied 3 years ago.
Thanks.

The problem is that the course has been made available to you.

Its not their fault that you could not complete and you cannot visit your misfortunes upon them.

I am sorry but you are liable. If you didn't agree cooling off rights or cancellation rights then none would exist automatically and anyway it would be too late to exercise them.

Unless they are prepared to offer a refund there is no claim for one. Whether they will or not depends on their good will basically. They cannot be forced to do so as they have complied with the contract. The fact that you have not used the service is a matter for you.

I'm very sorry but I can only give you truthful information.

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.


Is not worth taking them to court then? It looks like the law is on their side but as an individual, I should have the right to change my mind as with the purchase of any other product/service. I can't afford to write off over £4,000 especailly as I've been unable to find permanent work since I lost my job.

Expert:  Jo C. replied 3 years ago.
No, it is not worth taking them to court because you are liable.

As an individual, you are bound by the contract and in fact do not have the right to change your mind with any other product within these circumstances.
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/