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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I trained a student who agreed to uptake my Diploma Course.

Customer Question

I trained a student who agreed to uptake my Diploma Course. The course fee in total £1750
My student paid a deposit of £750 this enabled me to start training with my student, this was a full day training, cost of workbook & tools and travelling expenses!
After my student recieved the training and started the course she cancelled and demanded a full refund under the DSR 2000. I was advised by citizens advice to encourage her to take me to the small claims court which she did and the Judge agreed that as the deposit was paid prior to our meeting so she could claim her deposit back!
I have spent a whole day travelling and training this student and she has my course work book and products. Can i counter-claim for the deposit? I am suspicious that this was planned and she only wanted my Syllabus to give to a competitor of mine.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Has this already bee to court and being decided at a hearing, by the judge? It appears that he has but please confirm.
If that is the case, why did you not counterclaim at the time or have you only thought of this later?
Customer: replied 2 years ago.

This has not yet been to court, its at the stage where the judge looks at the content of my defence. I was informed she could not claim under the DSR 2000 as I had met and trained her and that was my defence. The judge looked at my defence and decided she could as she paid the deposit prior to meeting me. Can I now counter claim? is this the best form of action?

Expert:  Jo C. replied 2 years ago.
Thank you for clarifying that.
You are always at liberty to counterclaim your costs incurred.
The judge's decision seems odd because you had already spent a whole day travelling and training the student it seems and therefore she loses the right to cancel the service under the DSR after a service has been supplied. I am not certain therefore why the judge has said what he has said.
With regard to the course material she can obviously return that and expect a refund in respect of that.
I can see no harm in putting a counterclaim in for your time
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

I need my to know if my service/training is covered under the right to cancel policy or the cooling off period for DSR.

I too am at a loss as to why the judge threw out my defence when I had clearly delivered the service.

The cooling off period is a little confusing and I did not give her terms and conditions for cancelling.

Expert:  Jo C. replied 2 years ago.
Any service which has already been supplied is not covered under the DSR.
Imagine the case if you had windows installed and then decided that you'd had changed your mind. That is why there is an exemption for services which have already been supplied.
However they do have to be told about the right to cancel and the fact that they have no right to cancel once the service have been provided.
That could account for why the judge has said what he has said.
Customer: replied 2 years ago.

I explained in detail that the course fee (part 1) would cover the training and course material. She understood this but it wasn't on an official terms and conditions document. Just mainly verbal.

She was told but I have no signed document. Will this be suffice?

Expert:  Jo C. replied 2 years ago.
It should be in writing because she can quite simply argue that she never had that.

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