Trying to get money back after cancelling

[aBitofaPickle]

Hi,

 

I wanted to get advice on if I should continue with a small claim I started.

 

I paid £475 for a course in July 15, the course was to run for 4 days in September 2015.

 

My mother had a stroke and I informed them that I would not make the dates and it was postponed.

 

As things in my personal live changed it became apparent I was not going to be able to do the course at all, and let the facilitator know in October, asking for a refund.

 

She refunded half in line with her terms and conditions.

 

Refund Policy:

As per Trading Standards, a full refund is available 7 days from receipt of payment.

If you have paid your course and are unable to commence study, you may request a refund of the course fee. We will refund your fee on the following basis:- If you cancel your place at least 28 days before your course starts, all tuition fees paid are refundable less an administrative fee of 20% of the full course fee. If you cancel your place less than 28 days before your course starts or withdraw before start date, 50% of the full course fee is refundable. If you withdraw after commencement date no refund is payable. Any refund will be paid within 4 weeks after receipt of your completed request for refund. If the course is cancelled by the course provider, a full refund is available.

 

I said I did not think the t&c's were fair and asked for a full refund minus £50 for her administration.

 

She refused and I issued small claims

 

my main point being OFT's unfair contract guidance

 

OFT 311 - Guidance for the Unfair Terms in Consumer Contracts Regulations 1999

 

4.5 A way to improve the fairness of such a term is to ensure that it does not go beyond the ordinary legal

 

position. Where cancellation is the fault of the consumer, the business is entitled to hold back from any

 

refund of prepayments what is likely to be reasonably needed to cover his net costs or the net loss of profit

 

resulting directly from the default.18 There is no entitlement to any sum that could reasonably be saved by,

 

for example, finding another customer.

 

We went for the hearing last week, but court ran over and the judge adjourned us and also said he think it will take longer the 1 hour, so has scheduled it for 2 later in the year.

 

His direction was that I would need a lot more than I currently had in my bundle to make a case.

 

If I am to proceed I have to have all particulars ready to give to the defendant by 20th June. I am also in the process of becoming homeless, and only want to pursue this small claim if there is a reasonable hope that I can get some money back.

[BankFodder]

I think that you need to let us have more precise details.

 

The first thing that I'm puzzled by is that the course was due to start in September 2015 and yet you let them know in October – one month after the course is finished. This is correct?

 

I think we will need to see the claim form and the defence. Why do you have a deadline for your bundle – 20th of June?

 

Also, if you're in the process of becoming homeless and you don't have much money then you should apply to the court for a fee waiver. You don't need to be on benefit for this. You suddenly need to have a very limited disposable income. http://www.lease-advice.org/wp-content/uploads/2016/05/ex160-eng-2015.10.pdf

[aBitofaPickle]

I let her know beginning of September that I wouldn't be able to attend later that month, and asked for a postponement. In bold below is on my t&cs but has since been removed from the website.

 

The t&c's

Refund Policy:

As per Trading Standards, a full refund is available 7 days from receipt of payment.

If you have paid your course and are unable to commence study, you may request a refund of the course fee. We will refund your fee on the following basis:- If you cancel your place at least 28 days before your course starts, all tuition fees paid are refundable less an administrative fee of 20% of the full course fee. If you cancel your place less than 28 days before your course starts or withdraw before start date, 50% of the full course fee is refundable. If you withdraw after commencement date no refund is payable. Any refund will be paid within 4 weeks after receipt of your completed request for refund.

Alternatively, the student can transfer the registration to another date, but the training must be taken within 12 months of the registration date

. If the course is cancelled by the course provider, a full refund is available.

 

I made the claim, but didn't follow proper procedure and didn't get the particulars of claim to the defendant, that's what I have to have submitted by 20th June.

[aBitofaPickle]

Although I think there is a reasonable chance of winning. I have to accept that I do not have the time to commit to creating the case I would need. Can anyone let me know what I would need to do to withdraw my claim?

[AndyOrch]

Although I think there is a reasonable chance of winning. I have to accept that I do not have the time to commit to creating the case I would need. Can anyone let me know what I would need to do to withdraw my claim?

 

Just submit a Notice of Discontinuance....and serve a copy on the other party.

 

http://hmctsformfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=532

 

Andy

[aBitofaPickle]

thank you