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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Our company booked two course with a H&S Company end of 2014

Customer Question

Our company booked two course with a H&S Company end of 2014 to take place in early 2015 our operatives could not attend due to my mothers sudden and critical illness. We are a small family concern so this would have an impact on us.
They required me to pay in full for non attendance as they say their terms and conditions are 14 days and would not accept our reason.
I sent them a email on the 18th of June 2015 again explaining the reasons and asked them to be understanding and never heard anything back until a letter from credit agency dated 6th of November for the total of £354.00 of which i supplied evidence of my emails and again heard nothing back so presumed all was sorted until a phone call this week saying i now have a debit in the region of £1000 as this was the total of both courses
Can this be allowed due to the lack of communication and time difference
Submitted: 4 months ago.
Category: Law
Expert:  Jo C. replied 4 months ago.

How much notice did you give them?

Customer: replied 4 months ago.
As far as i can remember only a couple of days before hand
Expert:  Jo C. replied 4 months ago.

Do you know if there was pressure on places?

Customer: replied 4 months ago.
No
Expert:  Jo C. replied 4 months ago.

There wasn't or you just don't know?

Customer: replied 4 months ago.
Sorry i do not know as that information is not given
Expert:  Jo C. replied 4 months ago.

The question here really is how much risk you want to take.

Expert:  Jo C. replied 4 months ago.

Whichever way you look at this, you are liable. You agreed a place and didn't agree suitable cancellation rights.

Expert:  Jo C. replied 4 months ago.

However, to claim the full price from you they would have to show that they suffered loss - in this instance that they could not sell your places to others and there was pressure on places.

If there was pressure on places then that is a double edged sword because they will have held a place for you but you could argue they could have given it to reserves and ask them to prove they have tried.

Expert:  Jo C. replied 4 months ago.

The reality is that it is quite unlikely they would sue for a sum of this amount anyway.

Expert:  Jo C. replied 4 months ago.

But they could and you do need to be aware of the risk

Expert:  Jo C. replied 4 months ago.

The other alternative is that you offer them their lost profits in full and final settlement of the claim which would be far less than the sum of the contract.

Can I clarify anything for you?

Jo

Customer: replied 4 months ago.
their inconsistency of collecting the debit eg on response to my email 8th june until letter dated 6th november from agency and then not hearing anything until Tuesday of this week from same agency with an increase of debit from £354 to £1000 is good practice and acceptable
Expert:  Jo C. replied 4 months ago.

Yes, that is of no issue to liability.

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