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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47365
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have paid £36 and signed up course. I was unable

Customer Question

Hi,
I have paid £36 and signed up for a course. I was unable to attend and they agreed to change the date, but they had no more dates remaining for this year and said once they have confirmed dates for next year they will let me know and get me booked in.
They have now come back to me and said that they have changed the course and the new course is now £1999. I have informed them that i can not afford to pay that amount and asked for a refund as they have not delivered. But they are saying that on there T's & C's that they can change it. Is there anything i can do here?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you agree cancellation rights?
Customer: replied 1 year ago.
I have signed the T's and C's when i placed my order
Customer: replied 1 year ago.
Please see attached T's and C's
Customer: replied 1 year ago.
Oh i paid £365.97 not £36, if it was £36 i would just write it off.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Having looked at the terms and conditions, whilst they can change the content of the course, it does specifically state that this is only in relation to the content, speakers, nature, etc. However, the price should remain the same. So it does not entitle them to change the nature of the course by increasing the price by 5-6 times then expect you to proceed with that. This is not in the term and it is an unreasonable expectation. They had agreed t allow you to change the date and unless they can allow you to take a course, which even with different content, is at the same price, they should refund you the amount you initially paid. As such you can pursue them further if necessary and put some pressure on them to return this to you. This is your basic legal position. I have more detailed advice for you in terms of the exact steps you need to follow to progress matters further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47365
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Many thanks for the rating. In terms of taking this further, Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Hope this helps.
Customer: replied 1 year ago.
Hi Ben,Thank you for coming back to me as requested I have given you 5 stars and a tip :)Can you please let me know what details steps that I will need to take?Sukh
Expert:  Ben Jones replied 1 year ago.
Hi, sorry our replies must have crossed - further details above
Customer: replied 1 year ago.
Thanks Ben, could you write these letters for me please? I am happy to pay for it.
Expert:  Ben Jones replied 1 year ago.
OK as this is an additional service it will be a separate charge so I will submit a proposal shortly. What do you need by the way? The reminder letters and letter before action?
Customer: replied 1 year ago.
Yes please both of thoes letters please, can you please send in a word doc so that I can change any figures.
Expert:  Ben Jones replied 1 year ago.
ok done thanks
Customer: replied 1 year ago.
I will make the payment when I get to a PC for some reason PayPal keeps canceling the transaction before I even get into the login!
Expert:  Ben Jones replied 1 year ago.
No worries, take your time
Customer: replied 1 year ago.
Hi Ben,I have emailed them saying the following:"Hi Natalie,Having looked at the terms and conditions, whilst you can change the content of the course, it does specifically state that this is only in relation to the content, speakers, nature, etc. However, the price should remain the same. So it does not entitle you to change the nature of the course by increasing the price by 5-6 times then expect me to proceed with that. This is not in the terms and it is an unreasonable expectation.You had agreed to allow me to change the date and unless you can allow me to take a course, which even with different content, is at the same price, you should refund me the amount of £356.40 that i initially paid.Many Thanks
Sukh"And i got a reply of:"Dear Sukhvir,Thank you for your email.I would like to once again reiterate that you registered and paid for the Property Entrepreneur Bootcamp and signed our Terms and Conditions on the 11th April 2015, therefore your cooling off period ended 25th April 2015. Based on this information, you are not entitled to a refund.Please may I bring to your attention, when you initially emailed us on 5th May 2015 you were outside of the cooling off period and we were under no obligation to offer you alternative dates to attend this programme. As as good will gesture I gave you the opportunity to attend the next available Property Entrepreneur Bootcamp which was held on 11th – 13th September 2015. When you advised me that you were unable to attend this event due to an prior engagement, I offered to keep your details on file and notify you of the next available dates in 2016.Due to the fact that this event will no longer be available does not entitle you to a refund because you registered and paid to attend the Property Entrepreneur Bootcamp which was held in May 2015 and this programme was delivered.Kind regards,
Natalie Seraphin
Accounts Administrator"Is she right on this one or do i still have a case?
Expert:  Ben Jones replied 1 year ago.
Ok that explains the situation a bit more – I didn’t know some of the details mentioned. If you were already outside of the cooling off period when you tried to change, then they could have offered you a later date or a different course, but if the actual course has changed they do not have to offer it to you at the same price. So if you have been offered a different course with different content, they could try and charge the full amount for that course and you could try and offset the costs with what you have already paid. But to get a refund if you tried to change after the cooling off period and they could no longer accommodate you may be more tricky. So your rights will not be as strong, but there is no harm I trying to push them for a refund, of at least part of the fees.
Customer: replied 1 year ago.
Hi Ben,
So how can i reply back to that one?
Expert:  Ben Jones replied 1 year ago.
well it is a matter of just making it clear that they have still not provided the course you signed up for or a suitable alternative of similar value

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