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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Mine is a related question, I was sold a course but before

Resolved Question:

Hi, mine is a related question, I was sold a course but before signing up stated on several occasions that I needed to complete this within 6 - 8 weeks as I had been made redundant and needed to start earning again.
The course was a "Fast Track" LGV class 2/class 1, they were very attentive and agreeable until they had my money at which point the barriers/ excuses as to why I could not achieve the time frame began. I asked to cancel and was told that they would need to listen back to the telephone conversations to ensure I had stated the time frame. That is a week ago, they are not communicating with me, I keep being told that what they laughably call their "customer service" manager has not yet had time to listen to the recordings.
This delay has taken me over a month which means, according to their T&C's I will have to lose up to 60% of the monies paid to them. I am still awaiting a reply from them but surely this cannot apply if they have mis-sold the course in the first instance?
I wanted to contact whoever regulates this type of company to lodge a formal complaint as I am limited for time and need to get through my HGV licences as soon as possible but having searched the internet and rang the DVLA, OFSTED and the DSA cannot find out who the regulatory body are.
Your help and/or advice would be greatly appreciated as I feel I have been taken for a ride...but not in an HGV!
Regards
Ray Foster
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.

How long after signing up did you ask for it to be cancelled?

Customer: replied 1 year ago.
It was 3 weeks
Customer: replied 1 year ago.
I don't really want to cancel I just want them to provide the service they agreed to, I would not have signed up if they had said in the first place they couldn't meet my requirement as I had another provider who was only slightly more expensive who was willing to guarantee the time frame.
Expert:  Ben Jones replied 1 year ago.

OK thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. It is correct that if they missold you the course then regardless of whether you have been delayed to ask the full amount back as per their terms, you should be able to do this. So do not worry too much about the time it may take for them to resolve this and that according to them you may have to lose a percentage of the fees paid – the initial misrepresentation will take precedence over this.

Whilst you cannot force them to deal with this at the speed you want them, or one may expect them to, you have a couple of options – continue dealing with them, or if you have to undertake the training soon and you are confident that you were promised a specific time frame, you can do the course with another provider and pursue the original company for the money paid on the basis of the misrepresentation.

This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you had to pursue them for a refund, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.

Thank you. To take it further if 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. Before you consider starting legal action you may wish to consider sending a formal statutory demand. This is a legal request which asks the debtor to pay the outstanding debt within 21 days and failure to do so will allow you to bankrupt the debtor (if they are an individual ) or wind up the company (if they are a business). For the relevant forms to serve a statutory demand see here: https://www.gov.uk/statutory-demands/forms-to-issue-a-statutory-demand

4. 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.