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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I was offered a free place on a training course on the

Customer Question

I was offered a free place on a training course on the understanding that I purchase the equipment needed from them - they gave me a price of £149, they requested a deposit of £100+vat.
I decided to pay for an additional course at the same time, the price being £295+vat, again they requested a deposit of £100+vat.
They then deducted a first instalment of £145+vat. I subsequently became Ill and have been diagnosed with a medical condition that prevents me from being able to utilise the skills that I would learn on the course and so I have had no alternative but to cancel. The company are stating that the refunds on both courses are non refundable in any circumstance. The courses are not due to start until September 2016 and so they have had 16 weeks prior notice in which they can easily fill the courses. The documentation I received does state that the deposits are non refundable, however there is provision for them to amend the course dates if the tutor is sick. They have offered to refund the instalment taken of £145+vat only. I have advised them that I will litigate for the deposits to be refunded on the basis that one of the courses was offered free on the basis that I purchase the kit - and I haven't received the kit, I feel it is an unfair contract term under the circumstances and unequal as it gives provision for them if the tutor is sick but not the consumer and they have adequate notice in which to fill the course. They are now also refusing to refund the first instalment stating that if proceed to litigation they will wait until a final sum has been agreed. are they allowed to withhold a refund that they have already agreed is due back to me? Am I correct that it would be deemed an unfair contract term under the circumstances given I have provided them with a doctors note? many thanks Megan
Submitted: 4 months ago.
Category: Law
Expert:  Ash replied 4 months ago.

Hello Megan my name is ***** ***** I will help you with this.

Was there a termination clause please?

Customer: replied 4 months ago.
No - this is the extent of the T&C'sTERMS & CONDITIONS
The training date has been allocated in good faith. If sickness or other unforeseencircumstances prevent the Racoon International Educator from meeting the agreed commitment, we will give you as much notice as possible. In such cases, we will offer revised dates. The deposit paid is non-refundable and will not be returned if the training is cancelled.
Assessment date amendment charges:
In excess of 4 weeks before training start date No Charge
Within 2 to 4 weeks of training start date £100+VAT
Within 2 weeks of training start date £200+VAT
Pre-requisite qualifications As discussed at the time of booking, all delegates must have been certificated in the following Racoon International course:- Foundation Delegates should ideally have held a Foundation certificate for at least 6 months before attending the Hair in Recovery course
Expert:  Ash replied 4 months ago.

How soon before the course did you cancel?

Customer: replied 4 months ago.
The courses are in September 2016 so they have had 4 months notice
Expert:  Ash replied 4 months ago.

Ok, so no charge according to their terms. You are liable for a deposit but thats it, nothing else.

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: or by completing form N1 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?


Customer: replied 4 months ago.
Hi, this doesn't entirely answer my questions.One of the courses was offered free - on the basis that I purchased equipment in advance, for which they took a deposit of £100+vat - surely they cannot retain this fee if it is for goods not received?Secondly - the terms give provision for them if the tutor is sick but not the consumer. Is this an unfair contract term given that I have been declared medically unable to do the course?Thirdly - they are now saying that they will retain the instalment of £145+vat, which they have previously agreed to refund, on the basis that they will wait to see what the outcome of my legal claim is. If they have agreed the sum of £145+vat should be paid back to me, but are now refusing to do so until the legal claim has been settled, is this legal for them to do so?I have already told them that I shall be issuing proceedings against them, I was hoping to get more clarity from you in relation to my questions above before I proceed.Kind regards
Expert:  Ash replied 4 months ago.

1) No I agree, they cant retain this

2) Potentially its unfair, that is an arguable point

3) You can claim back the £145 + VAT

Does that clarify? You can just issue proceedings. Alex

Customer: replied 4 months ago.
this helps & I will, thanks
Expert:  Ash replied 4 months 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

Expert:  Ash replied 4 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 starts before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

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