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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I purchased a training course at a sales seminar and raised

Customer Question

I purchased a training course at a sales seminar and raised a cancellation within the 7 days cancellation period mentioned on the contract after carrying out due diligence on the Company. The cancellation was refused as there is a clause in the contract that stated that there was no immediate right to cancel if the product was purchased on the Companies premasis or the password ***** log in details were provided.
I contacted American express who raised a disputed payment with the Company and the latter have now raised a Claim on myself and Amex for the cost of the course. I contacted Amex who told me to ignore the Claim as they have paid the company and debited my account. I questioned this as asked what protection I have and right to cancel they supposedly reopened the dispute but I have no evidence of this as it is showing as closed on their system and I have the initial charge of £11640 showing on my account.
Please help, am I protected under law and have the right to cancell and should I contest this in court ?
Best regards
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Was the course purchased on their premises?
Customer: replied 2 years ago.


Expert:  Jo C. replied 2 years ago.
And you accept that there is a clause in the contract covering that?
Customer: replied 2 years ago.

I do

Expert:  Jo C. replied 2 years ago.
Thats not good news I'm afraid.
Are there any complaints about the course per se?
Customer: replied 2 years ago.

I did not start the course, I was completely put off by the bad press on the Internet related to the company and the claims of Mr Darren Winter to be one of the leading Traders in the world and the lack of evidence to back this up. I thought I was covered under the Sale of Goods act to be able to cancel within 14 days ?

Expert:  Jo C. replied 2 years ago.
No. There is a good deal of misinformation upon that type of thing.
The distance selling regulations do demand a cooling off period of 14 days but this is not a distance contract because you bought in store.
in fact, they were offering one under the contract anyway but clearly there is an exception for purchases in store. On anybody's account this deal was done in store therefore neither the statute or the contract assists.
The Sale of Goods Act would be engaged if there were actually faults with the course but we don't know whether there were or not because you didn't start the course.
Had you not already paid I would have told you to make a lesser offer in full and final settlement but that doesn't help here because you did.
I'm very sorry but that is your position I'm afraid.
You could always demand to start the course as you have paid for it. Then at least you would be able to ascertain whether or not there are sale of goods act issues.
I'm very sorry but I have to give you truthful information.
Can I clarify anything for you?
Customer: replied 2 years ago.

That is fine Jo, I appreciate the advice, I have already contacted the company and asked them to reconsider. If I have to pay, I will take your advice.

Expert:  Jo C. replied 2 years ago.
I often find that complaining emphatically produces far more than a court order would.
No problem and all the best.
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