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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I attended a one day course on selling, in person, back in

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Hi, I attended a one day course on selling, in person, back in January and at the end of the day I was up sold a three day in person course. The three day courses are held monthly. I intended going on the course and paid the full amount, just under £1000. On two occasions I have booked dates for the three days but just havent been able to attend. I am told there was a 14 day cancellation period, which i wasn't aware of at the time and had to ask for this specifically after the 14 days had expired. I have been turned off the course by the bombardment of messages and emails and would like my money back. Is this something Im entitled too?
JA: Where are you? It matters because laws vary by location.
Customer: Manchester England
JA: What steps have you taken so far?
Customer: i have sent a message and asked for my money back but they responded that I only had the 14 days and suggest I just wait until I can find the time.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Only that the sales techniques there using on me I find are unpleasant and I don't want to be taught the same as I wouldn't want to use.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Sorry to hear of the issue.

The 14 day cooling off period should been detailed to you beforehand. The course provider has to give you this information otherwise you can cancel at any time over the next 12 months.

In order to try and resolve the dispute without having to pursue court action, a formal letter before action should be drafted and sent, to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them.

See attached template as an example of what to say. Please let me know if you cannot see the letter which I have uploaded. You will need to tailor this letter to your situation. The pre action protocol confirms you should send the letter to give the other party a chance to avoid court action and to pay you. The courts encourage compliance with the protocol as it can result in a resolution without having to involve the court. You may also want to threaten a report to Trading Standards (who can be contacted via this site: Click Here).

If you decided to issue a claim, you would then need to register at this site: http://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 generally 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. 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.

The court should offer you mediation to encourage you to resolve the dispute early on - though for mediation to work both parties have to agree to participate.

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 of 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 deals with- it's quite informal and no lawyer is required.

You would claim the sum for the loss, the court issue fee and court interest which is 8% calculated on a daily rate from the date of loss to date of court judgment.

So for example if you were owed £10,000, interest would be £2.20 per day, which you can also claim. 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. 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 do qualify for a fee exemption, you cannot use the money claim online site - instead you would need the paper N1 claim form (let me know if you would like a copy) as well as the EX160 fee exemption form which goes with the N1 claim form - then posted to court. 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.



(insert their name and address)     (insert date)

LETTER BEFORE ACTION

Dear Sirs,

Re: Claim for (insert sum)

I refer to the above matter. (Insert details of the dispute). Details of the 14 day cooling off period should have been given to me from the outset. As you did not do this, I have up to 12 months to cancel and claim my refund.

This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraph 7 of the Protocol, and paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

I therefore put you on notice of my intention to issue county court proceedings against your company for my losses should I not receive payment in full by 4 pm on (insert date 14 calendar days). I will also report this to Trading Standards if you force me to pursue court action.

Should court proceedings be necessary I will claim the court issue fee and statutory interest. Should I succeed in obtaining a judgment, same will be transferred to the High Court for enforcement against you whereby further costs will be added to the judgment sum.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)


I hope this helps

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JimLawyer.

Thanks again,

Jim



Customer: replied 6 days ago.
Hi Jim, thanks for the response. On the day I purchased I filled a form out and on the back of the form were printed the terms on condition. I received no paperwork so never got a copy of the Ts and Cs until a month or so after. It was a bit of a high pressure sales, like there are only so many places available, first people to react, etc. Does this make a difference?

Hi there, it sounds like undue influence (pressure) so that being the case there is also an argument the contract is void.

I would say it only makes your case stronger.

Thanks

JimLawyer and other Law Specialists are ready to help you
Customer: replied 6 days ago.
I've just received advice from Jim. Jim was very quick to answer my question and has given me confidence in taking the matter further, to hopefully a satisfactory conclusion.

My pleasure - thanks and have a good evening.

Jim