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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71132
Experience:  Over 5 years in practice
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I bought a training course and put part payment at a seminar.

Customer Question

I bought a training course and put part payment at a seminar. I was sharing the cost of the course with a friend who decided she could not afford it on reflection. I could not afford it without her. I cancelled th agreement in writing by email which they have acknowledged in writing. I was sent a letter asking that I sign to say to say I am happy with how the refund is being dealt with and a confidentiality clause saying I could nit discuss any details with anyone else. Refund minus admin would take 45 and would be by cheque. I signed the letter accepting the refund but added a more that I was not happy with the way the matter is dealt with nor with the clause about nit discussing it with third parties. They have refused to accept the signed letter dated 4 Nov. they have issued another letter dated 26 November reworded but still insisting I don't discuss with others. Now refund is 45 days from date of letter. Do I have to agree to this to get refund. I'm thinking of making small claim at court
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

Did you have cancellation rights under the contract please?
Customer: replied 4 years ago.
Yes and I cancelled within the time I was allowed. The company acknowledges this in their letter.
Expert:  Jo C. replied 4 years ago.

If you have a right to cancel under the contract then you don't have to agree to any condition to get a refund unless that condition was set down in the contract

It would be different if they were exercising their discretion in your favour - for instance because you didn't have a right to cancel.

If you are saying that you cancelled within the terms of the contract then yo uare entilted to a refund minus their actual admin costs no matter what.

It would be worth pursuing this at the small claims court if you cannot agree during negotations.

Can I clarify anything for you?

Customer: replied 4 years ago.
There is no information about confidentiality in the contract under the notice of right to cancel or any details about any refund taking up to 45 days and the being by cheque. When does one decide her negotiations have failed. I emailed them stating that I would take court action if they failed to repay me by January. The replied saying they would refund 45 when I sign their letter. So it's stalemate. Can I proceed to small claim without waiting because they clearly have no intention to refund?
Expert:  Jo C. replied 4 years ago.
If you have given them a deadline of January then I would wait utnil then.

Normally I would suggest a letter givin them 28 days notice but if you have given thenm longer then that is a fine .