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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13870
Experience:  Senior Associate Solicitor
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Request full refund of my tuition fee, uk, claims, no

Customer Question

Request full refund of my tuition fee
JA: Where are you? It matters because laws vary by location.
Customer: uk
JA: What steps have you taken so far?
Customer: claims
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 12 days ago.
Category: Law
Customer: replied 12 days ago.
File attached (47VV524)
Customer: replied 12 days ago.
File attached (6Q4ZSZZ)
Customer: replied 12 days ago.
that all the files what should i do to get fully refund
Expert:  JimLawyer replied 12 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 12 days ago.

I have seen both attachments and you do have consumer rights, which may have been breached. The Consumer Rights Act 2015 is there to protect consumers - in case the service provided is not as described or fit for purpose, and if it is not carried ut with reasonable care and skill. You have a difference of opinion to them, the claim is comfortably under the small claims track limit of £10,000, so if the course was not as described then you should consider a claim. You have already sent them the letter before action and they have not accepted your allegations and they have not refunded you the money either. You will not be refunded unless you take the next step which is to issue the claim....

You will need to register at https://www.moneyclaim.gov.uk/web/mcol/welcome so that you are ready to issue the claim in the event they dispute the claim and do not pay you. The website is very user-friendly and you would not need a lawyer to use the money claim site.

Claims with a value of under £10,000 are classed as a "small claim", so legal costs are not recoverable and the matter may be dealt with on paper by a Judge, not at a hearing. This means the parties are on an equal footing, so you don’t need to worry about legal costs if you lost.

A hearing may be necessary if the court thinks that oral evidence is required to dispose of the case.
Here is a user guide for the money claim online site: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/762843/mcol-userguide-eng.pdf

The court will then issue the claim and they will send you "notice of issue". The papers are served on the defendant who then has 14 days to acknowledge the claim - they do this by filling out an acknowledgment of service and they post it to the court. They indicate their intention when they do this, i.e. whether they admit the claim in full or partly, or if they deny the claim. If they want to defend the claim then their defence is due by 28 days from the date the court served them with the papers. The central court processing centre then sends the claim to the defendant's home county court for case management and directions - the directions will give a list of dates which you both must comply with. If there is no settlement then the claim will be dealt with at a final hearing which takes anything from 9 to 12 months from when you start the claim - longer if the claim is higher value. You can pursue the claim yourself or use a law firm. For the hearing you can use an advocate if you wish, though it's not compulsory. I have details of law firms and advocacy agencies if you would like those. Though in a small claim you won't be able to recover their charges from your opponent. A small claims hearing is easy to do, it's quite informal and no lawyer is required.

You would claim the sum for the loss, the court issue fee (details of the money claim fees are listed here at page 5:https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904862/ex50-eng.pdf) and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment.

The site allows you to calculate the interest and add it to the claim. If a hearing is required then there is a fee for this too - see page 7 of the previous link for details. Again, that fee is recoverable if you win.

If you are on a low income or have low savings (or in receipt of benefits), you can ask the court for a fee remission so you do not have to pay the court issue fee.

If you are eligible, let me know as you cannot use the online money claims site – you have to use the paper method, which is an N1 claim form sent to the County Court Money Claims Centre (I have a copy, let me know if you would like one).

If you win then once you have the CCJ from the court the defendant has 14 days to pay in full. If they do not then it gets registered with the credit agencies after 30 days. You can also enforce the CCJ with the county court bailiffs or transfer the debt to the High Court for a small additional fee assuming the total amount owed is at least £600 and you can use the high court enforcement officers who have greater powers than county court bailiffs. The transfer fee is added on to the debt and payable by the defendant.

There are other enforcement methods which I can help with, including bank account freeze, charging order on their property (and then apply to force a sale), application to wind up the company if £750 or more is owed (if suing a limited company), apply to summons them to court for questioning, all of which can ensure you are actually repaid the money.

You may find they just pay you after receiving the letter before action – hopefully they will want to avoid litigation. If you prefer a law firm to do this for you, the following is an example and they offer a fixed fee : https://stormcatcher.co.uk/practice-areas/dispute-resolution/small-claims-lawyer-service/

Expert:  JimLawyer replied 12 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 12 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 12 days ago.
i am a student , a low income please send me N1 claim thanks
Expert:  JimLawyer replied 12 days ago.

You need 3 copies of the claim form, and one copy of this one (duly completed) : https://www.gov.uk/government/publications/apply-for-help-with-court-and-tribunal-fees

Expert:  JimLawyer replied 12 days ago.

You then send 3 copies of the N1 claim form (and one copy of the EX160 fee exemption form) to County County Money Claims Centre, PO Box 527, Salford, M5 0BY for the court to issue.

Customer: replied 12 days ago.
i saw it takes anything from 9 to 12 months from when you start the claim, but the contract will expire in 6 months, what should i do? thanks
Expert:  JimLawyer replied 12 days ago.

Well, you can sue them any time up to 6 years from when they breached your consumer rights. So you could wait until it finishes or you could start the claim now. It makes no difference when you issue the claim - as you have a legal right to sue for the money back if they breach your consumer rights. If you want to finish the course you could wait and then deal with it later.

Customer: replied 12 days ago.
What are my chances of winning this case? Is there any evidence I need to provide?
Customer: replied 12 days ago.
how to write a short statement (maximum 1080 characters) of what you are claiming for and why.
Expert:  JimLawyer replied 11 days ago.

Your evidence would be any emails / letters you have with them and you will be able to write a witness statement in due course, after you issue the claim, to say why you believe they are at fault. Then it's up to the judge to decide whether you win or not.
I can't write the statement for the claim, sorry - we are an internet forum and not a law firm.
Under CPR rule 16.4 your statement when you issue must contain a "concise statement of the facts on which the claimant (you) relies".
So it just needs to be a short summary of why you hold the defendant to blame.