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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi, I have started some on-line courses and the payment for

Resolved Question:

Hi, I have started some on-line courses and the payment for them is monthly by direct debit. After 2 months I have seen that the on-line page is not working properly and there are a lot of features missing or not working. Also the training videos are at a very low quality and sometimes you can't see what is written. I had 4 modules (videos for different training from a list of 12) loaded and all have the same poor quality. I have asked them on the 12th of June to fix everything that was missing and not working. After a week they have decided to load another module, the 4th and the quality was the same. Today 12th of July I have told them that I want to cancel my subscription because they haven't fix any of the requests and they have told me that they can't cancel it because they have loaded that 4th module. I told them that even if that 4th module it was ok (which is not) they still haven't solved the other problems and from their T&C I can request a cancellation 30 days after the problem was mentioned and not fixed. Here are some of their T&C regarding cancellation: 5 Termination 5.1 Either party to this Agreement (“the Aggrieved Party”) shall be entitled forthwith to terminate this Agreement by written notice to the other party (“the Defaulting Party”) if: - 5.1.1 the Defaulting Party commits any breach of any of the provisions of this Agreement and fails to remedy the same within 30 days after receipt from the Aggrieved Party of a written notice giving particulars of the breach and requiring it to be remedied; 5.1.2 the Defaulting Party makes any voluntary arrangement with, or any assignment in favour of, its creditors or becomes subject to an administration order; 5.1.3 the Defaulting Party goes into liquidation or is declared insolvent; 5.1.4 a Court makes any composition in satisfaction of the debts of, or a scheme of arrangement of the affairs of, the Defaulting Party; 5.1.5 any event analogous to any of the foregoing under the law of any jurisdiction occurs in relation to the Defaulting Party; or 5.1.6 the Defaulting Party ceases, or threatens to cease, to carry on business. 5.2 5.3 5.4 5.5 5.6 The rights to terminate this Agreement under this Clause 7 shall be without prejudice to any other right or remedy of either party arising under this Agreement. Notwithstanding the expiration or the determination of this Agreement under any of its provisions, this Clause 7 and all the provisions of this Agreement which are expressed to have effect on, or at any time after, the expiration or determination of this Agreement shall survive such expiration or determination, and each of the parties to this Agreement shall perform and observe their respective obligations and discharge their respective liabilities under all such provisions of this Agreement. In accordance with the Consumer Protection (Distance Selling) Regulations 2000, when the Service is booked without face to face contact the Subscriber may cancel within seven working days ‘cooling off period’. Subscribers wishing to cancel the Service after the ‘cooling off period’ must provide MyJobs with thirty days notice. Subscribers who have past the minimum term of 12 months will be required to pay for all charges up to and including the termination period until such time as the Service is disconnected. MyJobs will cease the Service on the 30th day of receiving written notice. Subscribers wishing to cancel their Service prior to the completion of the 12 month Subscription Agreement, remain liable for the remaining balance owed for the Subscription Agreement due within 30 days of disconnection of the Service (unless the program is successfully completed earlier. Please refer to our Money Back Guarantee). . I have cancelled my DD but the lady from the bank told me that there are some companies that can reactivate the DD. How can I get rid of them?

Here is the entire T&C.

https://www.dropbox.com/s/u8x7ana6pkpk6x8/MyJobs_Terms_%26_Conditions%20%281%29.pdf

Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : You want to leave early, is that right?
Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Customer:

yes. I want to leave early because the training is not what I was told and is incomplete. Some functions of the training are missing like exercises, live labs, the progress is not working, even after doing 8h from one module it still says 0%.

Customer:

One of the videos
Full Size Image

Customer:

Progress
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Customer:

This is just 2 examples. I have more pictures to back up my story.

Alex Watts : You need to write, formally cancel the contract and say they are not authorised in any way to take payments.
Alex Watts : You can tell them they are in breach of section 13 of the sale and supply of goods and services act 1982 by failing to act with all reasonable skill and care, as well as the sale of goods act as the service is not as described.
Alex Watts : You should ask them to terminate all payments and unless they do so, you will report them to Trading Standards.
Alex Watts : This should solve the problem.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

What do you think of this email:

Customer:
I am writing to formally ask for termination of my contract. As I requested Friday, From the 12th of July you are not authorised to take any payments.

You are in breach of section 13 of the sale and supply of goods and services act 1982 by failing to act with all reasonable skill and care, as well as the sale of goods act as the service is not as described.

I ask them to terminate all payments and unless you do so, I will report you to Trading Standards.
Customer:

I ask you to terminate * (small error here)

Alex Watts : Terminate, yes.
Alex Watts : That is fine but make sure you send this regular post too recorded delivery.
Alex Watts : Does that help?
Customer:

Not by mail?

Customer:

sorry email

Alex Watts : You can send it by email but also make sure it is sent by post.
Alex Watts : Does that clarify?
Customer:

I will do both, send an email today and specify that the same request will be send by mail at their head office

Customer:

k

Customer:

thank you Alex...Now, is there any chance to get full refund from this guys? And if yes, can you help me legally?

Alex Watts : It is possible you could, but sadly I can't be instructed as it is against site rules.
Alex Watts : You can issue a county court claim www.moneyclaim.gov.uk
Alex Watts : Does that help?
Customer:

yes. thank you very much. Have a nice weekend (what's left of it)

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