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JGM
JGM, Solicitor
Category: Law
Satisfied Customers: 10275
Experience:  30 years as a practising solicitor.
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My son signed up educational course online after losing s

Resolved Question:

My son signed up for an educational course online after losing his job, and going through a break up of his relationship with his partner, he was not in a good mental state and was taking counselling for depression during this period.
It is well past the 14 day cooling off period and the company are now looking for £5000 he never took part in any of the modules, and this is affecting his credit.
I would like to help him but do not have the £5000.
Where does he stand legally with this and would it be possible to offer a lower amount to settle this as he never participated in the course, the most I could afford is £1000.
We live in Scotland, and I am unsure if this affects the legality of the question
My email is***@******.***
Submitted: 6 months ago.
Category: Law
Expert:  JGM replied 6 months ago.

Does your son accept that he contracted to take the course and pay the money?

Customer: replied 6 months ago.
He was not in a fit mental state during this time to be making these decisions. He received the first part of the documents by post but did not attend any courses or the online parts of the course. He was not fit to do so.
I was totally unaware that he had signed up to do this course or I would have contacted the course providers and cancelled.
Expert:  JGM replied 6 months ago.
Was he suffering from a recognised mental illness. That is important if he is going to defend this? What was the illness?
Customer: replied 6 months ago.
He was suffering from depression, and getting private counselling.
Expert:  JGM replied 6 months ago.

Depression would not necessarily indicate a lack of legal capacity to enter into a contract although it may do. In order to defend this, assuming they pursue payment which they may not, your son would need medical evidence to show that he did not have the mental capacity to understand what he was doing when entering into the contract. From what you say he was not in a fit me to state to take the decision so a visit to his doctor would probably solve this by getting a letter to say he was not of legal capacity at the time. I hope that helps. Please leave a positive rating so that I am credited for my time.

JGM, Solicitor
Category: Law
Satisfied Customers: 10275
Experience: 30 years as a practising solicitor.
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Customer: replied 6 months ago.
Thank you very much.

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