Reclaiming money for pre-paid course they can't deliver

[SpannerMunky76]

I made an up-front agreement with a professional training company (via email) to provide me two training courses, for the sum total of £4500. The payment was made via bank transfer, directly to the company bank account. The company specifically asked for it to be bank transferred. 

 

One of the courses I have yet to start, and the other one I have only completed 1 hour of the 15 hours required. The total amount of pre-paid money the company still holds is around £4300.

 

I have now found out that the company is on the verge of disaster, and the owner is being very awkward with other people, avoiding their calls etc. Before I approach the owner directly, I want to make sure I'm armed with the right information.

 

If they confirm that they can no longer provide the goods/service in a reasonable amount of time (which I anticipate will happen imminently), where do I stand in terms of getting my money back? From reading online, it's difficult to see if the CRA or CCR will cover this, as this seems to fall somewhere between the definition of goods or services?

 

I will be happy to name the company in due course, but for the time being I wish to keep it anonymous until I have spoken to the company owner, just to avoid shooting myself in the foot!

[dx100uk]

ive moved you to the training forum

there are quite a few threads here likely to help.

Training and Apprenticeships - Consumer Action Group

 

but i can see you problem too

 

dx

 

[Ethel Street]

Do you think the company is about to about to go into insolvency?

 

If it does then whatever your legal rights to recover money from the company might be if they have no money you won't get anything from them.

 

You'd be an unsecured creditor most likely so bottom of the list for getting repaid.

[SpannerMunky76]

Yes, I think it’s highly likely to happen within the next few weeks. I am planning to go there next week and try to get my money back before that happens.

 

I know that they are physically unable to teach the course anymore, as they have lost the contract for the items required to teach it. Think of it like a driving school losing all of its cars.

 

Assuming they haven’t gone into insolvency by the time I go see them, do I have a legal basis to demand my money back on the basis that they cannot physically provide the course we agreed on?