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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Entered into a written contract with city college

Customer Question

entered into a written contract with city college Peterborough. I gave them 1300£ to complete a TESOL course. I was doing well completed all of my assignments and got good results. I had a difficult relationship with the lead tutor but was three weeks from the end of te course. On 1 June 2015 I spoke to the vice principal about some concerns I had about this tutor making racist remarks, breaches of confidence and unprofessional behaviour which she denied. Three days later she made a complaint alleging that I had ignored her in a tutor and I was suspended
An internal enquiry was held there is no written disciplinary policy they refused to speak to anyone I suggested could support my account. The conclusion was that I had ignored her and this was bullying and I had made malicious complaints but the person Completing the enquiry never spoke t me about this issue
I was turfed off the course after this enquiry without the right of appeal
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Expert:  Ben Jones replied 1 year ago.
Please could you kindly advise what the ideal outcome would be for you so that I can look at your options. Thank you.
Customer: replied 1 year ago.
Payment from the college of 1400 £ to cover cost of the course at another provider.
Additional information
The person who complained about me interfered in the enquiry emailing the decision maker with advice about how to proceed and the suggested Penalty
The investigator mislead individuals she sought information from and threatened them
The vice principal who was the final decision maker trained with the compliant and offered her advice and support during te so called investigation
I have written letters from other students in the group confirming the concerns I raised about the complainant were identified by them
The complainant began to speculate three months before her complaint that I as targeting her and on the morning of the day she complained bout she wrote to the vie principal seeking my exclusion from the course
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Many thanks for your patience. In the scenario you can try and argue that they have acted in breach of contract by removing you from the course under these circumstances. Whilst they may have had the right to remove you, this really should have been done under exceptional circumstances, for example if there had been a breach by you to start with or some other clear evidence of wrongdoing. I would disagree that ignoring a tutor, on one occasion as alleged is bullying, this is not what bullying is about. Bullying is generally defined as “offensive, intimidating, malicious or insulting behaviour, an abuse or misuse of power through means that undermine, humiliate, denigrate or injure the recipient.” This should have been dealt with some kind of warning, maybe someone speaking to both of you to try and resolve this, nit y kicking you out of the course straight away at such a late stage. In terms of potential compensation, you could try and seek the full cost of the replacement course but a court ill consider whether you had gained any benefits from nearly completing the course with the initial provider and take these into account when determining the compensation. So it is entirely possible that they could take off a proportion of the costs off to cover for that. Still, you could claim for the full amount and let a court decide what is reasonable to award you. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow to take the matter 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46784
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. 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.
Customer: replied 1 year ago.
Thanks for that outline it is helpful but could you suggest an outline for the claim or what I believe is referred to as an outline "Cause of action" statement as to which law has been broken, the basis for the claim and wheat evidence I would need to add to the claim. Appreciate a full statement will be needed later in the proceedings. I have already done the informal letters and a formal pre proceedings letter but what I need at this stage is how to draft the claim what to include to ensure that the court sees that it has jurisdiction and how to set out how they broke the contract and the remedy
Thanks
Expert:  Ben Jones replied 1 year ago.
The cause of action here would be a breach of contract, because they have breached their contractual obligation to allow you to finish the course and instead removed you for unsubstantiated complaints and their decision is clearly unreasonable in the circumstances. There was no formal evidence, no formal investigation, bias in the procedure and they have gone for the most serious of outcomes, which was your removal from the course altogether. What should have happened is that they should have investigated this in more detail and even if you were found guilty of ignoring her this is not a serious breach by you to justify your removal – as mentioned so close to the end date they should have dealt with it through something like a warning or talking to each party to try and resolve this but they have gone for the overkill – a serious outcome which has likely resulted in a breach of contract by them.

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