Hello Paul my name is ***** ***** I will help you with this.
For now please let me know exactly how much you are seeking to recover?
Hi Alex, the entire MBA course fees were around £14000. The I completed the final project and then they sacked my excellent supervisor, who would still mark the project if they would bother to reply to his emails. In view to the fact this seems to be beyond them, I would say at least 50% of the fees. Though my primary aim isn't financial, but justice, I realise in the end it usually ends up as compensation. My sense is that they would rather pay money, than deal with the issues at the core of the matter, or admit any wrong doing. I am now doing a Doctorate in Organisational Change, in large part to look at the cultures of toxic organisations: so all is data, and reasonable compensation would be handy, the above comments notwithstanding. Thanks! Paul
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. Over £10,000 then you will need legal representation as there are Court rules and procedure to follow. You should be aware if you lose then you will have to pay the legal fees of the other side.
Even if you do win you wont get all of your costs back, usually the Court shaves 20-30% off.
Can I clarify anything for you about this today please?
Thanks. So is this the small claims track? Is judicial review possible or advisable? Should I turn down their offer of £1000 - there is a deadline of 7th November?. If I accept what wording to I use to counter their 'full and final settlement of the matters dealt with'?
Only if a claim is £10,000 or under would it be a small claim
Judicial Review -no, because you are not JR'ing the Adjudicator decision - their awards are not binding
If you accept full and final settlement, that's it. You can't accept the £1000 if you wont accept full and final settlement
So you have choices:
1) Accept the £1000
2) Claim for £10,000 as a small claim
3) Claim for £14,000 and risk not getting all your legal costs back
OK, so would you advise a claim for all, or most of, the course fees - given that the claim will be reduced?
I would claim, if anything for £10,000 to keep it a small claim
Does that help?
OK, thanks. Is your sense that is would be better to just take the £1000 offered, or go for a larger amount?
I would go for a larger amount
OK. And would 50% of fees be appropriate, or more, or less?
50% would be reasonable.
Yes, thanks. That's been a great help. I'll get back to you if there's anything more.Paul
Of course Paul, Can I clarify anything else for you?
No, that's great - you get your excellent!
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