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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I run a diploma course which is £1750. A student agreed to

Resolved Question:

I run a diploma course which is £1750.
A student agreed to take my course and paid the deposit of £750 which clearly stated covered the initial day(s) training, travel and course workbook and tools.
After my student received the training and materials and informed me she was happy and excited to move on to the assessment stage and submitted her first assessment she then cancelled and insisted on a full refund under the DSR 2000! I contact citizens advice who informed me that she could not do this and we were encouraged to go to the small claims court. This process is now in place and the judge has thrown out my defence as she paid the deposit prior to meeting me. What can I do? I feel this was a deliberate set up to obtain my course workbook and materials as she has informed me she was in contact with my biggest competitor! Can I counterclaim?
Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello,

has judgement been entered in her favour?

Customer: replied 2 years ago.

I don't think so! He states that my defence which states she cannot claim under the DSR 2000 has been struck out as she can claim under the DSR 2000 as she paid the deposit before she met me in person, even though I discussed with her the details over the phone and via email. He has given me 2 weeks to reply.

Expert:  UKSolicitorJA replied 2 years ago.
Thank you.

I am afraid your course will be deemed to be a service and covered by the distance selling regulations as it was sold before you met her in person i.e. through a distance.

Normally, she would have lost her right to cancel if you had advised her that she would lose her right to cancel and as you would provide the service before the expiry of the cooling off period. This is a bit technical and is explained here:

http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_by_internet_mail_order_or_phone_e/consumer_cancelling_a_distance_sale_order_e/services_bought_by_distance_sale_if_you_want_the_service_to_start_straight_away.htm

You may try and argue that she received the training and copyright material before the cooling off period expired and as such, she has no right to cancel under the DSR.

The final decision will be with the judge. You should ask for permission to amend your defence to acknowledge the above, that yes, the DSR apply to her but she lost the right to cancel as she received the service within the cooling off period.

The judge will have the final say, but I am afraid the judge may find for her unless you explained to her that she would lose her right to cancel.

All the best













UKSolicitorJA, Solicitor
Category: Law
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Experience: English solicitor with over 12 years experience
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