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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3493
Experience:  Solicitors 2 years plus PQE
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, I bought a plumber course, I signed a £ 5,770.00 contract.

Customer Question

Hi, I bought a plumber course, I signed a £ 5,770.00 contract. Seller told me that if I gave up not have problem. my conditions changed, I decided not to take the course. Simply canceled the debit, after some time, a financial called me saying that I would have to pay I explained that was not taking the course they told me that they had not anything to it that the money had already been passed on to the school and I would have to pay, I told them I would not be able to honor 42 payments of £ 135.00 then they told me to pay £ 50.00 and I've been paying it since 2010.
I have to keep paying it if I did not used?
Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi,
Thank you for your question and welcome.
My name is***** and I will assist you.
How much have you paid to date? Did you sign any terms and conditions with them?
Kind regards
AJ
Customer: replied 1 year ago.

I paid up now around £2000, yes I did sign a contract with Career Development Finance Ltd. The school name is ***** ***** Trade Skills.

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Did the contract say anywhere that you could serve notice and cancel it?
Did you do any of the course, or simply cancel before showing up?
Kind regards
AJ
Customer: replied 1 year ago.

Yes there is a notice were it said you have short time to cancel, but I have not write to then because when they call me 2 years a go they said to me it was over, then I just keep pay £50.00 every month since.

I haven't done any part of the course!!!!

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
Technically they are just taking money from you for cancelling the course. On this basis what I suggest you do is write to them as follows:
- Say that you have paid them almost £2000 in the last 5 years;
- It has become evident now that these payments are clearly nothing more than a penalty against you for terminating the contract;
- You cancellation of the course did not result in a loss of over £5k to the company;
- Say to them you will make one more payment of £50 as a gesture of goodwill (optional) - at which point you will not be making any further payments for a service you have never received;
- Say that if they chase for any payment you reserve the right to complain to Trading Standards www.tradingstandards.gov.uk/
- Say that as this is clearly a penalty for termination, any court would view this penalty as an unenforceable penalty clause.
I would note that this is obviously going to create some friction with the company. If they choose to leave you be then great, but if they make a county court claim that is entirely their prerogative. If they do make such a claim I would suggest you defend and make the complaint to Trading Standards.
I look forward to hearing from you.
Kind regards
AJ

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