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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3611
Experience:  Solicitors 2 years plus PQE
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I am a teacher in private institute. One of our student put

Resolved Question:

I am a teacher in private institute. One of our student put a claim against me in small claim court for refund of the fee under goods and services act. She has put a claim against me individually rather than the institute. Her complaint was dismissed by the awarding body in the past and we have all the proofs that we given her the services she deserved. We got all the exams papers she has gone through and the results by the awarding body. I think it is malicious. Please advice. Thanks Farah

Submitted: 1 year ago.
Category: Law
Expert:  Alex J. replied 1 year ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. If she pays the institute for the services her claim is against the institute not you. You could consider applying to strike the claim under Civil Procedure Rule 3.4(2) on the basis that there are no reasonable grounds for bringing the claim. How long do you have to respond to the claim? Kind regards AJ
Customer: replied 1 year ago.

Hi Alex,

Thanks for quick reply. I Still have 10 days to send respond.

Regards

Farah

Expert:  Alex J. replied 1 year ago.
Hi, Thank you. This person included a detailed particulars or claim? Ultimately her claim should not succeed because you do not have a contract with her - her claim should be with the institute only. Has she ever paid you any money directly?What I suggest you do is submit your defence (or at least acknowledge the claim) and then apply to have the claim struck out - if this person has an issue with the teaching staff at this institution, she should be contacting the institution directly. Kind regards AJ
Customer: replied 1 year ago.

Hi AJ

She only mentioned some goods and services act in the claim.

I have written a defence as follows.

This will give you a fair idea.

To, 08/09/2015

County Court Business Centre

Miss .. paid the institute for the services her claim is against the institute not me. request the honourable court to strike the claim under Civil Procedure Rule 3.4(2) on the basis that there are no reasonable grounds for bringing the claim.

Miss .. joined institute for her NVQ Level 2,3 and 4.(FAST TRACK 3 months).

She has paid the fee in 3 instalments spread over 3 months. She has completed her assignments, first practical assessments observed and assessed by Internal Quality Assurance. She did her all portfolio (except one module left). Her online theory exam was done(copy attached). We have given her complete services as per the guidelines of the awarding body (V...).

Nvq qualification specially in beauty sector need practical and theory work where you have to produce evidence that you are competent in both. She has been given an opportunity to gain work experience in a reputed local salon (..) arranged by....

The issue has been investigated by the Institute itself and awarding body V... over 3 levels and concluded that we acted in professional and supportive manner towards her learning and given her full required service.

The case is malicious as it is against me and not the institute as I'm the tutor and provide my services on behalf of Institute however she didn't want to admit that qualification run by a professional system not by one person and there is certain criteria which need to be fulfilled.

In spite of all the help and support which we have provided She didn't submit her portfolio and claimed refund. Although her registration is still valid and we have given her opportunities to finish her work.

I request the court to drop this case and I strongly believe that she should be given medical help as her mother who has hidden her medical condition and Miss .... withheld her condition on the enrolment form for special requirement.

I am enclosing all the supporting documents including proofs of the service provided to her and investigation reports of the awarding body V...

Thanks

.....

Expert:  Alex J. replied 1 year ago.
Hi, Thank you. Are you currently employed by the institute? Kind regards AJ
Customer: replied 1 year ago.

Yes. I am currently employed by the institute.

Thanks

Expert:  Alex J. replied 1 year ago.
Hi,
Thank you.
If I were in your shows what i would do is the following - file an acknowledgement of the claim so as to extend the time period for filing your defence.
I would then go and take the defence and ask if the institute will either provide you with legal advice or will get its own lawyers to draft the defence and strike out application for you. Really this claim should be against the institute and as the institutes employee they should be helping you with this process.
If you do not want to do that - then I would only recommend you make clearer in your defence that you do not have a contract with the claimant and therefore the claim should not be against you.
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3611
Experience: Solicitors 2 years plus PQE
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