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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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August last year i paid a £600 deposit against a £4495. gas

Customer Question

August last year i paid a £600 deposit against a £4495. gas safe training course,The balance on the contract was to be £3995. over 12mths at £325.58, I actualy paid by November last year £2500 as i paid in advance, of some monthly payments, in order to qualify the next level of training classes, if i did not do that by cash or debit card, i would not have paid into the scheme to take my next training workshop,However in Dec i decided to cancel my standing order of £324, 58, as i knew i was leavi
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

What is it you want to achieve please?

JACUSTOMER-j91j0cb6- :

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.

JACUSTOMER-j91j0cb6- :

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.

JACUSTOMER-j91j0cb6- :

they say whether i continue with the course or not, i must pay the balance of the agreement, that i signed,

JACUSTOMER-j91j0cb6- :

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,

JACUSTOMER-j91j0cb6- :

there contract seems so one sided, who on earth wants to travel over 4+ hrs a day to study and train.

JACUSTOMER-j91j0cb6- :
JACUSTOMER-j91j0cb6-:

August last year i paid a £600 deposit against a £4495. gas safe training course,The balance on the contract was to be £3995. over 12mths at £325.58, I actualy paid by November last year £2500 as i paid in advance, of some monthly payments, in order to qualify the next level of training classes, if i did not do that by cash or debit card, i would not have paid into the scheme to take my next training workshop,However in Dec i decided to cancel my standing order of £324, 58, as i knew i was leavi
JACUSTOMER-j91j0cb6- :

i just copied and pasted that last message, as i was not sure if you got the start of it.

JACUSTOMER-j91j0cb6- :

sorry i got no reply to this.

Alex Watts :

Yes but what do you want to achieve? You want your money back?

JACUSTOMER-j91j0cb6- :

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.

Alex Watts :

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?

JACUSTOMER-j91j0cb6- :

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.

JACUSTOMER-j91j0cb6- :

can i get legal aid, as i am pension credit, and benefit.

Alex Watts :

No you wont get legal aid - this is a small claim

Alex Watts :

You also have Regulation 5 of the Unfair Contract in Consumer Regulations 1999 which states

Alex Watts :

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.


Alex Watts :

Can I clarify anything else for you?

JACUSTOMER-j91j0cb6- :

if i lose, will i have to pay costs? im a unemployed pensioner, on pension credit.

Alex Watts :

Only costs of the court fees you have paid, nothing else

Alex Watts :

I that ok?

JACUSTOMER-j91j0cb6- :

any idea what the fees would be?

Alex Watts :

https://www.justice.gov.uk/courts/fees

Alex Watts :

The Court fees are here:

Alex Watts :

But if you have pension you may get fee remission so wont have to pay any Court fees

Alex Watts :

So if you lose it wont cost you anything

Alex Watts :

Does that help?

JACUSTOMER-j91j0cb6- :

ok thanks again yes i, will make a claim and defend myself.

Alex Watts :

Of course.

Alex Watts :

Can I help with anything else?

JACUSTOMER-j91j0cb6- :

i,m trying to understand the term, individually negotiated?can you explain please.

Alex Watts :

Not drafted in advance

Alex Watts :

Does that clarify?

JACUSTOMER-j91j0cb6- :

ok yes understood.thanks again

JACUSTOMER-j91j0cb6- :

rated excellent,

Alex Watts :

Can I clarify anything for you about this?

Alex Watts :

Is there anything else I can help with today?

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

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?

Expert:  Ash replied 2 years ago.
Any billing questions you need to ask customer services, I have no access to the billing.
Can I ask you to do that?
Alex
Customer: replied 2 years ago.

did you get the question on the driving accident?

Expert:  Ash replied 2 years ago.
No.
But can you go back and change the rating on this - you put bad service:
http://www.justanswer.co.uk/law/8pi2x-system-will-not-allow-reply-question-try.html
Customer: replied 2 years ago.

ooh i rated excellent !dont know how that happened, i rate it now excellent,

Expert:  Ash replied 2 years ago.
Thanks!
Alex
Customer: replied 2 years ago.

i cant see any answer to my question on my girlfriends car crash.

Expert:  Ash replied 2 years ago.
I think you clicked on the wrong rating.
It is the link to this question:
http://www.justanswer.co.uk/law/8pi2x-system-will-not-allow-reply-question-try.html
Alex

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