won Claim for return of College fees-service not provided - now Suing for loss of earnings.

[needadvice1]

to me that is illogical.

 

i would have been studying the same material at both courses.

 

I passed on the course I took with the other provider. so, i studied hard on the good course and passed, fact. I studied hard on the poor course and quit because it was of such low quality, fact.

 

the whole point of waiting until i had passed the course with the other provider was to show that i had the ability to pass.

 

my attitude towards learning was the same, and always is, i am looking to pass comfortably, and i did.

 

can someone tell me what LoE i would be claiming for, i dont have a clue but LP seemed to know but wouldnt tell me.

 

can someone tell me so i can perhaps get on and do this myself?

[Andyorch]

to me that is illogical. Why?

 

i would have been studying the same material at both courses.

 

I passed on the course I took with the other provider. so, i studied hard on the good course and passed, fact. I studied hard on the poor course and quit because it was of such low quality, fact.

 

the whole point of waiting until i had passed the course with the other provider was to show that i had the ability to pass.

 

my attitude towards learning was the same, and always is, i am looking to pass comfortably, and i did.

 

can someone tell me what LoE i would be claiming for,Dont know because you was not in gainful employment i dont have a clue but LP seemed to know but wouldnt tell me.

 

can someone tell me so i can perhaps get on and do this myself?

Issue an N1 on MCOL your P.o.C would go something along the lines of " If I had been in employment I had the potential to earn £xx............

 

 

 

Andy

[needadvice1]

Why? For the reasons given below the "Why?"

 

i dont know what "gainful" employment is, but i am employed and i was employed the whole time this was going on.

 

essentially, my successive raises have been delayed by 6 months. How does this covert into a LoE claim and what can i claim for?

[MARTIN3030]

Its a moneyclaim and so is suitable for MCOL,but personally I would be filing this in open Court,due to the restrictions placed by MCOL for txt allowance,and the scope for other info.

[volvodriver]

Why? For the reasons given below the "Why?"

 

i dont know what "gainful" employment is, but i am employed and i was employed the whole time this was going on.

 

essentially, my successive raises have been delayed by 6 months. How does this covert into a LoE claim and what can i claim for?

 

In my, non-legal opinion, £0 because you cannot conclusively prove your loss.

[Andyorch]

Right I see so how much did you lose in in earnings? Thats the figure you need to submit on your claim.

[needadvice1]

well that's the thing i am confused about. i haven't actually lost anything, it just that i was without my raise for 6 months and therefore without successive raises for 6 months becauase of the knock-on effect. I.e. my earnings have been delayed.

 

i thought i could claim for the interest on £2000 for 6 months because £2000 was the amount of my raise and 6 months was how long extra i had to wait to get my raise.

 

LP seemed to think that this is not what I would claim for but did not actually explain what i could claim for.

 

anyone know what i can actually claim for?

 

LP was very adamant that a claim was most definitely there.

[needadvice1]

In my, non-legal opinion, £0 because you cannot conclusively prove your loss.

 

i can prove my loss, it has happened.

 

at any given time, i am 6 months behind on raises.

[needadvice1]

Its a moneyclaim and so is suitable for MCOL,but personally I would be filing this in open Court,due to the restrictions placed by MCOL for txt allowance,and the scope for other info.

 

ok, but what am i actually claiming for?

[Andyorch]

Your P.o.C would need to refer to the contract that states the raises and amounts subject to every successful pass.You would in effect be suing for breach of contract that that party breached.

[Andyorch]

I would advocate not exceeding 5K and therefore restricting it to SCT

[needadvice1]

how did the learning provider breach any contract? i had no contract with them? am i missing something?

 

the reason my raise was delayed was because i had not passed the exams i needed to in order ro obtain the raise because of the whole issue with poor teaching quality.

[Andyorch]

No Contract, no breach, no claim!!!

 

"the reason my raise was delayed was because i had not passed the exams i needed to in order ro obtain the raise because of the whole issue with poor teaching quality"

As said difficuilt to quantify " Poor Teaching Quaity" Give up Needadvice why you are a ahead

 

 

Andy

[car2403]

My view is that what you are trying to claim are special damages, specific to the claim that you won, which should have been included in the claim at the time.

 

Being awarded special damages would be something special, (hence the name) plus I think that the damages you are suggesting can be reclaimed are too remote from the relationship you had with the training provider.

 

Unless there is a specific clause in their contract that says you can recover these amounts against them, (which I can almost guarantee there won't be, as I've seen many a training supplier contract in the past - although admittedly not this one) then I can't see how you can claim for these in this way.

 

I've had a look on the internet and the rules/precedents around claiming for loss of earnings are very specific and finely tuned, relating to, say, clinical negligence, personal injury and road traffic accidents and accidents at work. They also seem to limit losses to a specific amount, and that includes specifically reducing liability for loss of future earnings drastically.

 

Given all this, I can't see how this type of claim fits MCOL - or even the small claims track. I think, as LP clearly knows something we don't, that the best advice we can now give you is to take professional legal advice. Even just using one of those free 1-hour sessions with a local solicitor should be enough for you to gauge whether this is worth pursuing or not.

[needadvice1]

ive understood all of the above but i am still unclear as to what i would be claiming for if i was to put a claim forward.

 

can someone explain?

 

it must be related to the amount of the raise and the time delay.

[MARTIN3030]

Yes as has been mentioned,loss of earnings and loss of future earnings are usually encompassed in accident/injury claims.

Looks like this is likely to be falling under tort

[needadvice1]

ok so what figure would i claim for, or how would i calculate a figure?

[MARTIN3030]

Also you need to be aware of the pre action protocols for these types of action-they are very different to simple claims usually seen on CAG.

[needadvice1]

understood, thanks

 

however what i dont understand is what figure I would claim for or how I would calculate the claim figure?

[MARTIN3030]

This is the crux !

[needadvice1]

that's why i asked the question

[needadvice1]

so ,does anyone know?

[Ganymede]

so ,does anyone know?

 

 

 

I'm not sure that you can.

[needadvice1]

LP was very sure that I could, although he never explained for what exactly.