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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 72700
Experience:  Over 5 years in practice
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My daughters boyfriend signed up (expensive) online

Customer Question

My daughters boyfriend signed up for an (expensive) online course with a company called tran2game. It turned out that they give you 14 days to cancel the agreement but are then only sent the course materials including log in details after 21 days. As it turned out he was tricked by the hard sell representative into signing up for a much more expensive course then the course he wanted (£2000 more expensive) and unwittingly signed a credit agreement for the higher price. In the meantime he was sent the course materials for the less expensive course. Once he actually noticed this he was paying for the more expensive course they refused to change anying and threatened him with the fact that if he did not keep up with the monthly payments he would ruin his credit rating, he is only 19 yrs old and is terrified of this prospect. After a lot of hassle, including a 'customers sales' rep hanging up the phone on him they have now agreed to reduce the amount owed to the amount he originally should have been charged. He has completely lost faith in the course and now wants to cancel the agreement altogether. He has not responded to there email informing him that they have at last agreed to reduce the fees. What should ha do now? Can he terminate the contract legally through a breach of contract? Any help would be most appreciated. He has paid up to this point £600, but is being told he owes £3000'
Many thanks,
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
When did he sign up and when did he try to cancel?
Customer: replied 3 years ago.
He signed up in December 2014 but only wants to cancel now. He said he had requested to put the course on hold as he had other urgent commitments. They put it on hold for him but he said he still hadn't realised he was paying for the higher course as his materials and online course were correct. It was when he looked more closely at his paper contract that he realised a different box was ticked to the one he thought. He said the salesman was very sly and pushy and basically conned him into signing for something he didn't want, and the proof he didn't want it is in the fact they send him course materials etc.. For the cheaper course. They only accepted to change his payment amount and payment plan today after him trying for a few weeks. He today got the letter telling him ey have now changed the amount he owes
Customer: replied 3 years ago.
The company is called train2game and looking online there are literally thousands of dissatisfied customers and I know that they were in the past on watchdog.
This is the same company:
Customer: replied 3 years ago.
This is also about the same company:
Expert:  Jo C. replied 3 years ago.
Sorry if I missing the point but on what basis is he hoping to cancel?
The cancellation period has expired and it would appear that the course has begun?
Customer: replied 3 years ago.
He wants to cancel as he has lost all faith in the course, from being overcharged by £2000 until he realised and then had hell trying to get them to accept this. For the way he has been treated terribly by the company, including having the phone hung up on him. Also for the very poor standard of course materials and online course. Even for the fact that we have come to realise after a little research that the course is not accredited to one or more of the awarding bodies they state it is accredited with. Surely that is breach of contract? Also the fact they give you 14 days to cancel your contract even though you do not get course materials and log on details for 21 days? The list goes on, and as you can see from the links I sent you many many more are unhappy. This company were once featured on watchdog, something we only find out recently. Surely if he signed for one course and received the materials for that course and they were charging him for a much more expensive course (which they later on accept) then the original contract doesn't count now?
Expert:  Jo C. replied 3 years ago.
The overcharging is a non issue because they have agreed to accept a lesser sum.
The watch dog issue has no relevance because it is a generic complaint rather than any issue relating to his specific contract.
The cancellation points just plain don't arise. The contract gives you 21 days to cancel which he did not use. The law will imply a further cancellation period of 14 days after the receipt of the materials but he didn't use that either.
Bad customer service is not breach of contract.
It is possible to argue that you have lost faith in a service provider but not on these points. The closest you can come is the accreditation issue. It depends what you specifically mean. If you have discovered that the end qualification is worthless then that is a good point. If it is just that the company are over stating their accreditation then it might be misrepresentation. It depends. That point alone is not the best.
The poor standard of course is potentially a point. It depends what you speficially mean. You have to show that there are reasonable grounds to believe that they cannot complete which is not likely as they do indeed complete these contracts. If they have failed to provide something that was offered then that is a breach.
It is not as simple as showing a breach. You have to show a material breach striking at the heart of the contract. The validity of the qualification would be such a point.
Sorry but I can only give you truthful information.
Can I clarify anything for you?
Customer: replied 3 years ago.
He had 14 days to cancel not 21 days
Expert:  Jo C. replied 3 years ago.
Well, either way.
They are offering a contractual right to cancel for any length of time.
Whatever their contract on the point, you do still have a statutory right to cancel under the DSR from the date of receipt of the materials.
The difficulty here is that he did act within either time period.
If they didn't inform him of his right to cancel under the DSR then it would be possible to argue that he would have a further three months to do so but he is out of time for that as well.
The practical reality is that if he does cancel they are unlikely to sue but that risk cannot be stamped out.