Hello my name is ***** ***** I will help you with this.
What is it you want to achieve please?
was leaving to go abroad for 3 months,on my return feb 26th, i visited the training unit to find it had problems with staff and finance, i decided not to enrol for the next course and refused to set up my standing order again, a very short while later they went into administrative receivership and were bought out by another company,But that company closed my depot down and several others in the country, leaving my choice to train at leeds or Livingstone, both over 2+ hrs drive from my house,they insisted that i must continue the course even though i now had to travel over 4+ hrs a day, and said it was in the contract, that i was to accept any other training depot, should one be closed for any reason,I refused to pay and did not enrol, now they sending debt collectors to my house for the balance of the course, and threaten me with court action.I rather die than pay them a penny more.
the course was £4495, i paid £2500 off, and they say i owe them £2994.96 ! ? that balance is wrong anyway, and regardless of that, i,m not paying them anything more.
they say whether i continue with the course or not, i must pay the balance of the agreement, that i signed,
i told them, im 65 years of age living on pension credit and housing benefit,and they dont care. that i cant travel 4 hrs a day to train.they just insist i must pay,
there contract seems so one sided, who on earth wants to travel over 4+ hrs a day to study and train.
i just copied and pasted that last message, as i was not sure if you got the start of it.
sorry i got no reply to this.
Yes but what do you want to achieve? You want your money back?
money back, or stop hounding me for the balance of a course, i cant continue, because of health and distance, they were told, i was not interested in joining the course unless i could attend the depot just 15 minutes from my home. money back or stop hounding me, or both.before i signed up they told me no problem as to any depot closing or going bust, as they were financially strong and were a national organization.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
they say i have not any defence, as the contract i signed covers the depot closing situation, and i must agree to travel, or pay up.
can i get legal aid, as i am pension credit, and benefit.
No you wont get legal aid - this is a small claim
You also have Regulation 5 of the Unfair Contract in Consumer Regulations 1999 which states
5. (1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.
Can I clarify anything else for you?
if i lose, will i have to pay costs? im a unemployed pensioner, on pension credit.
Only costs of the court fees you have paid, nothing else
I that ok?
any idea what the fees would be?
The Court fees are here:
But if you have pension you may get fee remission so wont have to pay any Court fees
So if you lose it wont cost you anything
Does that help?
ok thanks again yes i, will make a claim and defend myself.
Can I help with anything else?
i,m trying to understand the term, individually negotiated?can you explain please.
Not drafted in advance
Does that clarify?
ok yes understood.thanks again
Can I clarify anything for you about this?
Is there anything else I can help with today?
hello i understood i had a 7 day free trial for the placement of £38 , deposit, or allowed 5 questions a month, i just asked my third question about a road accident, but ,it seems i have to pay another £38.00. I,m confused?
did you get the question on the driving accident?
ooh i rated excellent !dont know how that happened, i rate it now excellent,
i cant see any answer to my question on my girlfriends car crash.