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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 a study course contract that does not allow me to

Resolved Question:

Hi I have a study course contract that does not allow me to cancel without 100% fees.
I have paid 50% and they have advised they will pursue recovery of the rest of the fees legally if I withdraw. I have attended 1 day of 8.
However the supplier can cancel at any time for any reason in their terms.
Is this an unfair contract where I could claim a refund, as I wish to withdrawal from the course due to work commitments?
They have suggested I can defer the course.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : From when you signed up how long was it before you wanted to cancel.
Alex Watts : Why do you want to cancel please?
Customer:

I signed up on the 30th July

Customer:

Expressed i wanted to withdraw on 4th august, confirmed in an email 5th Aug (1st class attended 2nd Aug 2014)

Customer:

Reason I want to withdraw is due to additional work commitments.

Customer:

Good afternoon Alex

Customer:

Terms and Conditions:

Customer:

Payment Terms (All –Non-Refundable). On Registration £100 Full Payment on or before start of course.

If payment plan has been approved 50% payment due before start of course, balance payment must be made in halfway through your course. (payment dates will be given and must be followed. In case of sickness or absence payments must still be completed on the specified dates. No catchup class will be given if payments are not completed on the specified payment plan dates) Payment by Bank Transfer / Cheque / Cash. All registration subject to written confirmation by Wizcore. Wizcore reserves the right to cancel the course with potential transfer to another date. Wizcore also reserves the right to revoke attendance due to non-payment. In no circumstances either expressed or implied, Wizcore would be liable for payments in excess of payment made by the customer. All payments will be void if training does not commence within 3 months from the date of registration.

REGISTRATION FORM WILL NOT BE ACCEPTED UNLESS METHOD OF PAYMENT IS STATED.

Payment of £100.00 must be made upon registration. (registration fee is non refundable)

Payment is required 7 days prior to course commencement to secure your reservation.

CANCELLATION / REBOOKING POLICY

14 Days before the start of the course = 50% Charge

7 – 0 days before the start of the course = 100% Charge

PLEASE NOTE:

In the event of delayed or non-payment, in accordance with the Non Payment of Commercial Debts (interests) Act 1998 and the subsequent European Directive 2000/35/EC and Late Payment of Commercial Debt Regulations Act 2002, Wizcore will claim compensation and forward details to debt collection agency.

Customer:

Please find Terms and Conditions as they appear on the course application form.

Alex Watts :

Its bad news I am afraid.

Alex Watts :

I have considered your position very carefully.

Alex Watts :

If you have signed up for the course and indeed started it then I am sorry to say you are due to pay the fees of that course.

Alex Watts :

They wont even be able to sell your place because you started the course.

Alex Watts :

You ask about unfair terms given you want to withdraw and it is not them who want to alter or break the contract unfair terms would not apply in this cae.

Alex Watts :

* case *

Alex Watts :

You had started the contract and decided to withdraw.

Alex Watts :

It is like if you sign a mobile contract for 2 years and after a month or so want out - sadly you are bound by the term,

Alex Watts :

I am very sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

There is no need to apologise. I thank you for your honest and clear response.

Ash and 2 other Law Specialists are ready to help you