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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience:  Over 5 years in practice
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, I enrolled on a course with a training provider by means

Customer Question

, I enrolled on a course with a training provider by means of a contract. I was paying course in installments and half way through my course the provider went in to administration and passed on my course to another provider which i did not agree to do the course with. I was promised a job with a friend of my fathers if i finished the course with my original provider, now that's gone.
I do not want to do the course with this new provider as the location is no covenant and it is not who i agreed to do the course with when signing my contract.
The company that's now in administration is calling me and demanding me to pay reminder of the course which they are no longer providers for.
What rights do i Have?
Do i have to pay them even tho they are not providing me with the course anymore?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
.
Thank you question. My name is ***** ***** I will try to help with this.
How far away is the provider?
Customer: replied 1 year ago.
21miles, as i dont have a car i can only take the underground which gives me an estimated journey time 72 mintues.
Expert:  Jo C. replied 1 year ago.
Does the original contract say anything about a radius?
Customer: replied 1 year ago.
I dont believe it does no, but i will check to be 100% when i get home today if that is ok? Is there a set time frame in which i need to provide you this information. The contracts are at home at the moment.
Expert:  Jo C. replied 1 year ago.
Yes, fine.
There is no urgency on this. I will be here tonight.
Customer: replied 1 year ago.
Ok thank you Jo, i will answer the previoues question ASAP.
Expert:  Jo C. replied 1 year ago.
No problem.
Customer: replied 1 year ago.
There is nothing on the terms or conditions or the contract itself about radius and nothing about any procedures if the company goes in to adminstration.
There is only one section that says:
The company reserves the right to cancel or re-shecdule any course or examination and to make other amendments to the published programme without compensation, other than reimbursment of fees in the event of a cpurse cancellation. It shall also vary the course to take account of new regulations or the requirments of the accrediting bodies and additional charge may be made if such change occurs after the date of enrollment.
I also did not mention earlier that i paid half the course fees and have only attended two classes ( i have paid than i have done)
Expert:  Jo C. replied 1 year ago.
That could be a problem.
Are they in breach of anything in the contract?
Customer: replied 1 year ago.
Is this not the event of a course cancellation? I mean the provider who i signed the contract with no longer are operational and are no longer providing the course. Instead they have thrown me to another provider who i havent agreed to do my training with.. Doesnt this take away any freedom of choice i have?
Customer: replied 1 year ago.
What options do i have, at the moment i am not at a point where i can afford to make these payments..
Expert:  Jo C. replied 1 year ago.
Not if they are offering another provider I'm afraid.
If there is another provider who is offering a broadly similar course then that is perfectly adequate.
Freedom of choice is a non issue. This is an issue of contract.
The only thing you could argue is that there is an implicit term in the contract that the new venue be reasonably accessible. There were some cases in 2008-2010 were the provider changed hands and the challenges failed spectacularly but they were distance courses so this point didn't really arise. If this is an attendance course then the addition of a large travelling distance might not be a reasonable alternative. It depends how far it is. In truth, this isn't the largest distance and it is not a strong challenge but it does exist.
It also might mean that they would not bother to sue you outstanding funds. What they would get in court is quite a different point to what they will actually seek.
Sorry if that is bad news but I have to give you truthful information.
Can I clarify anything ?
Jo
Customer: replied 1 year ago.
What would be the best way to challenge them regarding the distance, a letter?
Expert:  Jo C. replied 1 year ago.
The only way to do that is to stop paying and invite them to sue. Probably they won't. If they do defend on that basis.
The risk is that they may add a default to your credit rating though which is generally to be avoided where possible.
Jo C., Barrister
Category: Law
Satisfied Customers: 69529
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Jo,
The company has passed my debt on to a debt recovery compay who is presenting me with three options of payment. What does this mean? Do they do this because they dont want to persue the debt and are not willing to go to court? And what do you think the chances of the debt recovery company taking me to court is?
Thank you
Expert:  Jo C. replied 1 year ago.
It just means that they are instructed to debt collect. They don't have any real powers without a CCJ.
Debt collectors do not usually sue.

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