OXFORD HOUSE COLLEGE won't refund course fees despite withdrawing before course start

Crumbs83

Hello, I wondered if anyone had any similar experiences to share.

I enrolled on two separate courses and paid a lump sum for both at the same time.

After being unsatisfied with the college methods,resources and equipment whilst doing the 1st course, I chose to withdraw from the 2nd course 2 months before it began and requested a refund.

Initially my bank details were requested, then later on I was rudely told by one of the representatives on the phone that I won't be getting my money back because I had already started the course!

I have been told by staff that I can't see the general manager in charge because she works erratic hours. All I have gotten so far are two phone calls from totally unprofessional staff telling me that I won't be getting my money back as The college refuses to refund my fees for any reason because it's written in their terms and conditions.

I have already written of my intent to take this to a small claims court and given them 14days to refund my fees.

I believe that it is unfair to hold onto the course fees after a student has withdrawn from the course before it starts.
Would my case stand?

I have several email correspondences from myself to the school, most of which had gone unanswered but yet still being sent all the same.

It appears so far, that they intend not to budge on this case, but alas it is only day 1 since I have made my intent clear to them.

edgex

er, i think your going to have a problem there

for a start, they arnt a 'real' college


what was the 2nd course?

Anihilator

General

1. The course fees and deposit are valid only for the person, course and dates specified on the enrolment booking form.
2. The Registration fee is non-refundable.
3. If you cancel your course before arrival due to visa refusal or you are refused entry to the UK, we shall refund your course fees in full minus a £50 cancellation charge.We need to see the original refusal letter in order to give you a refund. You must apply for refund within six months of refusal date. If you cancel your course before arrival for any other reason, no refund or credit will be given. If you cancel your course after arrival, leave it early, or miss any lessons, no refund or credit will be given, including in case of sickness.
4. The minimum age limit is 16.
5. Class sessions have total breaks of up to 30 minutes. One-to-One lessons include a 10-minute break if more than one hour is taken at a time.
6. General English classes from 15.30-18.30 may be partly taught by trainee teachers under the supervision of an experienced teacher. The fees are reduced for this reason.
7.When necessary, the College reserves the right to alter the timetable and/or transfer students from one class or course to another, from one time of study to another, and to merge small classes or cancel classes and courses. Fees may also be subject to change. During July and August, Oxford House College may use additional classrooms in local colleges / universities.
8. If you are a complete Beginner in English we may not have a suitable class.
9: Books are not included in the course fees. Students are required to buy their own books at the College at the start of their course (Cost approximately £17 each).
10.There is no reduction in fees where there is a UK public holiday.
11.You are strongly advised to organize medical and cancellation / curtailment insurance before travel.
12. Holidays can be taken by arrangement but we require at least 2 weeks’notice.
13. You cannot change from a full-time course to a part-time course or One-to-One class.
14. Students whose behaviour prejudices the best interests of the College will be asked to leave before the end of their course and no refund on the course fees will be payable by the College.


Unless term number 3 applies you have no right to a refund.

Voyager2002

Please number 3, use your brain. There is a difference between the T and Cs that a business writes, and the law of the land. Whether or not there is any "right" to a refund is a legal question: all we know from the T and Cs you quote is that the 'College" does not want to give a refund.

An organisation like Consumer Direct (Trading Standards) could advise on whether or not a right to a refund actually exists. I suspect that the unsatisfactory nature of the tuition provided, particularly if it turned out to be significantly different from what the student could reasonably expect, would indeed give the student a right to a refund.

Dave101t

but the terms and conditions what were accepted (whether they were read or not) will be the 1st thing the local court looks at, it is clear and you will be out of pocket for court fees too unfortunately.
why would there be a legal right if you broke the terms of your contract?

Tozer

Dave101t wrote: »

but the terms and conditions what were accepted (whether they were read or not) will be the 1st thing the local court looks at, it is clear and you will be out of pocket for court fees too unfortunately.
why would there be a legal right if you broke the terms of your contract?

I think Voyager is making the point that it is possible to challenge unfair terms and conditions.

Crumbs83

Thanks Voyager!
It is this fact that I intend to contest!

The fact that it is written in your T&Cs does not mean you can do whatever you like and expect students to pay for it!

As advised by Consumer Direct I do have a case, as they will be in breach of the Goods and Services Act 1982, as the services promised by the college is definitely not what I expected it to be.

I most certainly believe that this is unfair.

OlliesDad

They are well within their rights to charge you for any losses they have incurred.

If they can prove that they were unable to offer the position to somebody else and they turned people down based on the fact you were occupying the place.

Also if you can prove that they have misadvertised the course to you in some way, you can also get any monies paid returned.

Crumbs83

OlliesDad wrote: »

They are well within their rights to charge you for any losses they have incurred.

If they can prove that they were unable to offer the position to somebody else and they turned people down based on the fact you were occupying the place.

Also if you can prove that they have misadvertised the course to you in some way, you can also get any monies paid returned.

The fact that I have given them ample notice (2 months) should address this. Besides I doubt if that would be a case for them & who can show what is enough time and what isn't?

Most colleges refund if a student withdraws before the course begins.

After being totally unhappy and miserable with the tuition and services rendered for the 1st course, I could not see myself carrying on..Not to think of paying for it! Whether or not I am there! Going through a prospectus and visiting on an Open Day is one thing. Actually enrolling and experiencing a course is another thing.. *sigh*

''Proving a misadvertisement'' is indeed what I am setting up to do.