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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3671
Experience:  Solicitors 2 years plus PQE
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Hi AJ, The total cost was £2000.00 and paid in installments. There

Resolved Question:

Hi AJ,
The total cost was £2000.00 and paid in installments.
There is a clause mentioned in the contract "You have 9 months from the date of the agreement (25th Jan 2014 when contract signed ) to book and complete your training package. You will not be entitled to any refund of your tuition fees if you fail to book and/or complete your training package within these periods unless in exceptional circumstances. The specific reasons are to be approved by Vedanta Trading Ltd."
At the bottom,the cancellation policy states: " 12 weeks before programme end date 50% of tuition fees agreed" and this is what Iam claiming for as I felt I was forced to sign the contract by one of the business partners but I want to know whether I have any legal solid ground to stand on if the matter is taken to a small claims court ?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
Does it say any where that if you give notice of cancellation they will repay you within a certain date?
Did the email you sent actually say that you want to cancel?
Kind regards
AJ
Customer: replied 3 years ago.

Hi Alex,

It does not state that if I was to cancel a refund would be given at a specified date.

The e-mail I sent was a reply to one of the Directors of the Training company confirming receipt of the cancellation letter.

Please see the attachments if they help

Attachment: 2014-09-16_142559_cancellation_documents_19.06.14.pdf

Attachment: 2014-09-16_142619_terms_and_conditions_and_application.pdf

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
I will have to review these, it will take me a little while but I will review the attachments and respond within 24 hours.
Please do not be concerned if you do not hear from me right away.
Kind regards
AJ
Customer: replied 3 years ago.

Hi Alex,

Thanks for looking into this.

I will review your feedback once I've received your reply.

Kindest Regards

Pretash

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you.
My apologies this question disappeared from my list.
I have managed to open the attachments. I am reviewing them now and will respond to you in the morning at the latest.
For the time being please do not worry about leaving feedback.
Kind regards
AJ
Customer: replied 3 years ago.

Hi Alex, thanks for letting me know.

Expert:  Alex J. replied 3 years ago.
Hi,
Thank you for your patience.
I have reviewed this. I assume the total course fee as £2000?
The agreement does say you are only liable to pay 50% of the tuition fee if you cancel within 12 weeks of the end date. Assuming you have given this notice properly and have already paid 100% of the fees, then I can see no reason why you should not seek to claim a refund for 50%.
What I suggest you do is the following:
Write to them and say that if they do not repay with 7 days you reserve the right to do the following:
(i) Make a claim in the county court for a refund - https://www.moneyclaim.gov.uk/web/mcol/welcome
(ii) www.tradingstandards.gov.uk/ - Make a complaint to Tarding Standards
Essentially this just amounts to a breach of contract and money claim and if they do not return the money you are owed then you may have grounds to sue them for it.
I look forward to hearing from you.
Kind regards
AJ
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Alex,

Thanks for your information.

Just a few things I want to clarify prior to myself proceeding with your advice and give a final rating:

The value of the course was £1997 + VAT which is £2396.4.

I have paid £2000.00 which excludes the VAT as I decided to cancel the course which means I should be entitled to 50% of £2,000 right ?

The defendant (Master the markets) has come back to me as per e-mail attached does this still mean they are in breach ? as according to my view they still are as I was not made aware of the amended terms.

Kindest Regards

Attachment: 2014-09-19_124105_e-mail_offer_.pdf

Attachment: 2014-09-19_124126_e-mail_response_mtm.pdf

Attachment: 2014-09-19_124147_e-mail_response_pret.pdf

Pretash