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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71128
Experience:  Over 5 years in practice
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My daughter who is musicals in london, requested to go on a

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My daughter who is musicals in london, requested to go on a short acting course, sending emails to the company, requesting to go on the course at a cost of approx £500, although deciding not to attend the course due to lack funds at that time. She received an email asking to forward the deposit otherwise they will not provide a place . She did not send the deposit as noted above,( lack of funds at that time). Therefore she assumed the matter was closed due to not sending the deposit. The owner is now demanding full payment course, even though she never went on the course, they said it will go to small claims court demaning full payment. She is very upset, as she feels that by not forwarding any deposit ment she would not be on the course in any case, please advise.
Thank you question. My name is ***** ***** I will try to help with this.
Did she cancel in writing?
If so, how much notice did she give?
Did she agree rights of cancellation?
Customer: replied 3 years ago.

she did not cancel in wrting, just never sent the deposit monies and asssumed it would be cancelled. She has not signed anything in writing, although various email between them.
the chap asking full payment said he left till after xmas before asking full payment, to assit her with her own potential costs of xmas!!, she might have.

That is a problem I'm afraid.
If she asked to attend in writing and they agreed by asking deposit then realistically a contract has been reached. If they kept a space open then she is liable to pay in full I'm afraid.
The only way you could contest this is to argue that the contract was conditional upon her sending the deposit in and therefore when she didn't do it the contract fell away. It isn't the best argument but it is an option .
Alternatively she could offer a lesser sum in full and final payment. In truth, the company will probably not want to go to court over this. Most companies have better things to do than that. You are taking a risk but it is not likely they would sue lightly.
Sorry if that is bad news.
Can i clarify anything ?
Customer: replied 3 years ago.

yes already advised her that when her deposit were not forthcoming then they should cancelled her request, i am sure they would have needed the deposit monies , rather that just asssuming people would be turning up, without the receipt of deposit monies. If thats the case, then surly they would like official confirmation of numbers actually attending the course, if not I am sure it would spoil the cousre rest if over or under subscribed!!.

They have threatend the small claims court, if she lost and refused to pay is that classed as a CCJ ?

I am afraid I cannot agree that they should have done that. Ultimately if she booked and they agreed then she should have cancelled in writing or paid.
There is probably about a 10% chance the Judge would agree with the deposit point.
The deposit arrangement is purely one of convenience . There is no legal duty to pay one or demand it. If you ask to attend something and they agree you are locked in immediately.
If she loses in court then it will lead to a CCJ. That will impact on her credit rating only if she doesn't pay within 28 days of judgment.
Customer: replied 3 years ago.

Well I guess that's what i expected, it just extremely annoying to pay that you never received or had any benefit from.
How can they charge / service they never delivered on !!!. They have not incurred any costs apart from very small potential admin costs. It's like saying you want to buy a car then deciding against it and them charging you for the full cost of the car.!!

Because it was made available to her they will say.
They did incur costs. They made a place available .
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