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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60453
Experience:  Qualified Solicitor
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I enrolled my daughter in a GCSE online course. I asked them

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Hi. I enrolled my daughter in a GCSE online course. I asked them in an email to pay month by month in order to see if the course helps my daughter or not. My daughter noticed a couple of mistakes in their course and their teachers refused to help her with a GCSE question. Therefore, their course is not helpful, my daughter is not using it and we do not need it. They say that I have to pay 10 monthly payments. I cannot pay for something that is faulty, unhelpful, that we do not use and we do not need it. They keep asking for money and threaten me with CCJ. Can you help, please? Can you advise me what I shall do? How much would you charge? Thank you. Nadia
JA: Where are you? It matters because laws vary by location.
Customer: Slough, UK
JA: What steps have you taken so far?
Customer: They just keep emailing me. Today they said in the email that the next step they will do is ccj, which for I am contacting you. I am also trying to get in touch with the advice bureau centre but the line is very busy.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That is all the information I have

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

When did you enroll your daughter onto the course? If possible, please also upload a copy of their terms and conditions on here so that I may take a look

Customer: replied 6 days ago.
Hi. 6 September. I am trying to look for the email and upload it.

OK thanks. I will wait for you to get back to me with it

Customer: replied 6 days ago.
I am contacting the chat line because I am a nursing student, so I do not afford a phone call. I have some emails to upload now. Can I upload more than one attachments?
Customer: replied 6 days ago.
The attachments are uploaded. Looking forward to hearing from you. Thank you.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. Whilst you may not have received the exact service you were hoping for, that does not necessarily mean you can cancel and have no further obligations. As a starting point, you would have entered into a formal contract with them and would have been obliged to proceed with it. Under law, specifically the Consumer Rights Act 2015 you have an expectation for them to perform the service with reasonable care and skill. If a couple of questions were wrong that does not mean the whole co tract is void. It depends whether this would make the whole service not being provided with reasonable care and skill. Considering there could be hundreds, if not thousands of questions, there may be a few here and there which are incorrect. Had the significant proportion of them been clearly wrong, that is when you can start questioning them. Similarly, if they refuses to help with a question, you need to consider whether that was part of the service they advertised and offered you.

Whilst there is nothing stopping them from taking this further, they won’t get a CCJ just like that. They have to make a claim against you first, you then have the right to defend it and only if they win, will get a court order against you. You the have 30 days to pay it or agree a repayment plan and only if you refuse can they consider getting a CCJ. They may never go that far though and you can call their bluff and see where they take it and consider your options as tings progress.

Does this answer your query?

Customer: replied 6 days ago.
Hi. How can it be possible to pay for a service that I do not need from them and that I do not use? It is like paying them for nothing. That cannot be right. Plus, I have the email where I clearly asked them about paying month by month, I clearly stated that I am not interested in monthly payments and that is exactly what they put me on. That is wrong.

You need to have considered this before you signed up. Just because you changed your mind after signing up and agreeing to it does not mean you can just cancel. That is all pretty basic contractual law. You sign up for something and you are then committed to continuing with it, whether it is of any use to you or not. Only if they have a cancellation clause allowing you to cancel or they have committed a serious breach of contract (and I must stress the term serious here) will you be able to cancel it without further obligations. Whilst you may have asked to pay monthly, that does not mean you can cancel any time – you would have still been committed to a minimum term, just paying for it on a monthly basis.

Customer: replied 6 days ago.
That is wrong. They tricked me. I asked for month by month and they put me on a payment plan. I did not sign for a payment plan.

This is all going to come down to the correspondence between you and them, what you requested, what they confirmed back and whether you were clearly tricked, or if you basically were confused with what you were signing up to. You may never come to an agreement that matches your interpretation of events in which case you may have to let a court decide the outcome. As they are the ones who believe they are owed money, this is down to them, so they need to decide whether to make a claim and if so, they need to prove they have valid grounds to claim

Customer: replied 6 days ago.
Thank you. I am currently a student nurse and I do not have a job. I am not familiar with the legal procedures. Can you tell me, please, if there is anything that I shall do about this issue that I talked to you?

For the time being you need to stand your ground and make it clear that you have been misrepresented and that you will not be paying anything further and that if they try and pursue you, then you will report them to Trading Standards. For the amount concerned, I am hoping they will eventually drop it rather than face potential repercussions or waste time and money in court

Customer: replied 6 days ago.
Thank you very much!

All the best

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