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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I BOUGHT DIRECTLY ON A BUY NOW PAY LATER FINANCE SCHEME LAST

Resolved Question:

I BOUGHT DIRECTLY ON A BUY NOW PAY LATER FINANCE SCHEME LAST jULY FOR FORK LIFT TRAINING COURSE. I TOOK THIS TRAINING FOR 4.5 DAYS IN APRIL 2016. I WAS NOT TOLD IN EXPRESS OR IMPLIED TERMS THAT THERE IS A RISK OF FAILING THE COURSE. THE TRAINER WAS ALSO MY EXAMINER AND FAILED ME ON 29/04*16. AN INTERNAL TRAINER AND EXAMINER TOOK MY RE-TEST ON 04/05/16 AND ALSO FAILERD ME. NOW THE TRAINING COMPANY WHO IS A SUB-CONTRACTOR OF THE TRAINING COMPANY WHOM I HAD A CONTRACT ARE NOW DEMANDING MORE MONEY FROM ME.
I WISH TO SUE THE INITIAL TRAINING COMPANY FOR BREACH OF CONTRACT AND MISREPRESENTATION. THERE ARE NO TERMS AND CONDITIONS AND ON THEIR WEBSITE NOTHING ABOUT FAILING THE FORK LIFT COURSE. I AN NOW THINKING OF SUING THE TRAINING COMPANY. WORSE STILL, I AM NOW BOUND BY THE FINANCE COMPANY AND OWE THEM MONEY INCLUDING INTEREST CHARGES.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Just to be clear, you were unaware there was any risk of faiiling?Alex
Customer: replied 1 year ago.
yes I was unaware of the risk of failure...
Expert:  Ash replied 1 year ago.
May I ask why did you bother attending the course then? If there was no risk of failure why didnt you just enrol and not bother turning up?
Customer: replied 1 year ago.
For fork lift truck I had to attend practical training with the Training company's nominated sub-contractor.
Expert:  Ash replied 1 year ago.
Yes I understand that. But if you thought you couldnt fail, why did you bother turning up? You couldnt fail.
Customer: replied 1 year ago.
The course advisor did not inform me that the Trainer is also your Examiner and you could potentially fail the training.
Expert:  Ash replied 1 year ago.
Yes. But why did you turn up then if you didnt think you could fail?
Customer: replied 1 year ago.
The literature that I was sent did not mention as I have said that one could fail the course. The training company are now refusing to offer me my refund. I did not sign any terms or conditions. The course advisor said just do 5 days and you will be certified and a licence given to you.
Expert:  Ash replied 1 year ago.
Yes. But why did you turn up then if you didnt think you could fail?
Customer: replied 1 year ago.
I am a DVSA instructor car and fleet so am surprised as to why they would not certify me and pass me?
Expert:  Ash replied 1 year ago.
Please answer the question so I can help. If you couldnt fail, why did you even both turning up for the course?
Customer: replied 1 year ago.
on the companys website, it just glorifies the training for fork lift training and does not mention that there is a risk of failure....
I was not told this in categorical terms,
Expert:  Ash replied 1 year ago.
Please answer the question so I can help. If you couldnt fail, why did you even both turning up for the course?
Customer: replied 1 year ago.
Because the course was for novices and hands on experience of loading and unloading, health and safety, safe operation, stacking. I did not know that there would be an examination of a practical type and that my trainer could fail me...
I did this training to get extra work during my slack times such as summer months and Christmas period.
Expert:  Ash replied 1 year ago.
Please answer the question so I can help. If you couldnt fail, why did you even both turning up for the course?
Customer: replied 1 year ago.
To get work in a warehouse, I would need to be certified and the sub-contractor would apply for a licence on my behalf only then I could legally operate a fork lift truck. I was required to undertake practical training
Expert:  Ash replied 1 year ago.
How much did you pay for the course?
Customer: replied 1 year ago.
If I did not attend I would forfeited my agreement. It was a requirement that I undertake the practical training of using a fork lift truck
Expert:  Ash replied 1 year ago.
How much did you pay for the course?
Customer: replied 1 year ago.
The sub-contractor would assess my skills and pass me, which they did not on two occaisions. Now they are demanding more money from me....but not guaranteeing me a pass
Customer: replied 1 year ago.
£1,200
Expert:  Ash replied 1 year ago.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
The finance company have already paid the initial training provider
Expert:  Ash replied 1 year ago.
Can you see above?
Customer: replied 1 year ago.
Do I take my claim form directly to my local county court office?
Customer: replied 1 year ago.
yes I can see your previous resposne
Expert:  Ash replied 1 year ago.
Yes. Your local County Court.Alex
Customer: replied 1 year ago.
How much is the court fee?
Expert:  Ash replied 1 year ago.
https://www.gov.uk/government/publications/fees-for-civil-and-family-courts/court-fees-for-the-high-court-county-court-and-family-courtCourt fees £80Does that clarify?Alex
Customer: replied 1 year ago.
yes it does. Is there is a law for misrepresentation?
Expert:  Ash replied 1 year ago.
Breach of contract by misrepresentation yes.ALex
Ash and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
ok thanks for your help
Expert:  Ash replied 1 year ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex