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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78247
Experience:  Qualified Solicitor
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I recently paid for a HGV course and due to Covid I had to

Customer Question

HI There,
JA: Hi. How can I help?
Customer: I recently paid for a HGV course and due to Covid I had to re book the course, the course by there T&C's expired on June 10th. iIt was a two part course, and the company failed to tell me the Gov updated details on the qualification, so they are now telling me I have lost part 2 of the course are they liable for not telling/advising me of the change which I could of fit I, if they had told me, being able to combine the whole course in one...?
JA: Where are you? It matters because laws vary by location.
Customer: UK
JA: What steps have you taken so far?
Customer: Questioned them, they says it there T&C's, but having research they original course I book part 1 & 2 , you had to finish part one to get to part two. GOv change the law on 5th Nov 2021
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: 20 days ago.
Category: Law
Expert:  Ben Jones replied 20 days ago.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.
Expert:  Ben Jones replied 20 days ago.

I understand you have not been able to take the second part of a HGV course you paid for because of some changes to the qualification/requirements. Is there anything in your agreement with them that places the onus on you to check for these updates?

Customer: replied 20 days ago.
not to my knowledge, the only thing I saw is if you don't compete the whole course by the date then you loose it... as mentioned the GOV change this on the 15th Nov 2021, at the time they were aware that I had two parts to complete, by the new rules they should have booked me in to complete the combined course at the same time, which would of worked perfect in the week I completed part 1, passing on the 8th June, so if I had done the whole week taking me up to my last day of agreement I would of sat the test on the 10th June
Customer: replied 20 days ago.
orginally before the GOV change in rules, you had to take Part 1 to complete Part 2
Expert:  Ben Jones replied 20 days ago.

Thank you, ***** ***** did you initially pay for the course please?

Customer: replied 20 days ago.
Aug 2020
Customer: replied 20 days ago.
because of covid, they extended my validation on the course to 10th June 22
Expert:  Ben Jones replied 20 days ago.

OK thanks. So that I can best advise, what specifically would you like to ask about this please?

Customer: replied 20 days ago.
are they at fault for not updating me the rules and getting me in to forfill the whole course when there was time, as know I have potentially lost the 2nd part of the course at £1600
Expert:  Ben Jones replied 20 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now. I will get back to you with my full reply on here; usually the same day and the system will notify you when this happens.

I should also make you aware that this is not always an instant service, due to various legal engagements I could have and I may not be able to reply immediately. However, rest assured that I will be dealing with your query and will get back to you as soon as I can. Thanks.

Customer: replied 20 days ago.
Ok Thanks.
Expert:  Ben Jones replied 20 days ago.

No problem at all. I will get back to you at the earliest opportunity. Many thanks

Expert:  Ben Jones replied 20 days ago.

Many thanks for your patience, it is appreciated. I am now pleased to be able to provide further assistance with your query. First of all, I am sorry to hear about the issues brought up by this. It must be a frustrating situation to be going through.

The company would have only been obliged to tell you of the changes if they significantly impacted your ability to do the course. For example, if it was a one part course, which was then split into two parts, clearly they should have told you about it as that would have impacted how and when you do the separate parts and would have required some planning ahead by you.

If it was the other way around, where it went from two parts into one, what would matter is whether you could have still taken it in two parts, or the only way forward would have been to do it in one go. If the latter applied, you would argue that this was a significant enough change to prompt them to have told you about it.

Now that the deadline has passed, you can either ask them to extend that, or if they cannot do so – to refund you at least part of the fees. If they refuse, your only option would be to consider pursuing them for compensation.

Expert:  Ben Jones replied 20 days ago.

If a party wishes to pursue another for financial compensation arising out of a dispute between them, they can potentially do so by making a court claim. However, as legal action should only be used as a last resort, there are certain steps that should be taken initially to try and resolve this matter informally and without the need to involve the courts. It is therefore recommended that the following steps are taken in order to try and resolve this:

1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the other party to voluntarily settle this matter.

2. Letter before action – if informal reminders have been sent but have been ignored, the other party must be sent a formal ‘letter before action’ asking them to resolve this amicably within a specified period of time – 14 days is reasonable. They should be advised that if they fail to make contact to resolve this matter, formal legal proceedings will be commenced to pursue them for compensation. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this without the need for legal action. There are numerous templates available online for such letters and a simple search will bring up a list of useful results.

Expert:  Ben Jones replied 20 days ago.

3. If the letter before action is also ignored, formal legal proceedings can be initiated. A claim can be commenced online by going to https://www.moneyclaim.gov.uk/web/mcol/welcome. There will be a fee payable, which depends on the amount that is claimed. The other side will eventually get a copy of the claim and they will have a limited time to answer it. They could accept it and pay what is owed, they could accept it only in part and defend the rest, or they could outright reject it. They could also completely ignore it, in which case judgment will eventually be entered automatically against them. Also, it is worth noting that the simple act of submitting a claim could show the other side that this is being taken seriously and prompt them to consider negotiating a potential solution to stop the claim progressing further, such as offering full or partial payment of the amount sought in the claim.

Expert:  Ben Jones replied 20 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 20 days ago.
thank you, ***** ***** I have a case to dispute, hopefully the formal letter will do the trick. thanks for your time
Expert:  Ben Jones replied 20 days ago.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.

Customer: replied 13 days ago.
Hi Ben… I’m confused, why have I been charged £50 by Just answer today?
Expert:  Ben Jones replied 13 days ago.

Hello, I am just an independent user on this site, in the same way as you are, which means that unfortunately I have no involvement in the billing side of things. If you need to query anything to do with billing, charges or membership, you may be able to take certain actions by going to your account on this site. Alternatively, please contact the site’s customer service team directly. You can find their contact details by following this link: https://www.justanswer.co.uk/help/contact-us. Hopefully, they will resolve any issues you have to your satisfaction.