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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70507
Experience:  Over 5 years in practice
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My 19yr. old granddaughter purchased a Home Learning accounts

Resolved Question:

My 19yr. old granddaughter purchased a Home Learning accounts course over the phone and paid a deposit of £150,to be followed by 2 x monthly payments of £600, which were to come out of my account. Apparently she was told she could only cancel during the next 2 weeks (up to 3/5). Subsequently her employers offered her an alternative and she emailed on 6/5 asking to cancel the Course, which she had not started and accepted that she would not get her deposit back. This has been refused and she was told that if she did not pay the balance of £1200, it would be referred to debt recovery. Does she have any recourse?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Does the contract allow for cancellation?
Obviously she would have the standard two weeks but is there anything else under the contract?
Customer: replied 2 years ago.

It was all done verbally and she was told she had to cancel within 2 weeks

Expert:  Jo C. replied 2 years ago.
And on anybody's account it was outside two weeks?
Customer: replied 2 years ago.

Yes, I rang on 4/5 and tried to cancel on her behalf but was told she had to ring herself, so she rang on 5/5 but was told it was outside the cancellation period but she should send an email

Expert:  Jo C. replied 2 years ago.
That is not good news I'm afraid.
Whichever way you look at this, she was outside of the cancellation period which was longer than the law would demand.
There is no way around the fact that she is liable for something. Since this is a home study course I presume they did not keep a place available for her as they would have done with an attendance course. The advantage of that is that they only have a loss profits claim rather than a claim for the full price of the course.
The lost profits will be fairly high but it is obviously better than the full price due.
In truth, it is quite unlikely that they would sue her. What they will do is keep her deposit and leave it up to her to consider suing them.
If she does sue them they may well just refund the deposit and give in. What they would get if they went to court may well not be what they will settle for to avoid legal action.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
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