Not being on the electoral roll = liable for £5k???

essexbrummie

Hi all I'm new to this and need some advice.

I am being chased by a solicitors for a debt which I don't think I should be liable for.

I went on an open day at a college because I wanted to start a course in 2011. A representative of the college told me that if I applied for 2010 I would still be accepted (I have a witness to this). I made the late application and received my acceptance on 12th August. The finance terms and conditions stated that I had an eleven day cooling off period where I would get a full refund. If you cancel after this date you lose your deposit, if this occurs after 31st July you are liable for part of the course fees. I did not think this would apply to me because I had been persuaded to apply late....My acceptance was after 31st July.

A bank loan is needed to go on the course, the bank needs a letter from the college as proof of acceptance before it will consider the loan application. I asked the college for this letter. They replied that I would receive it within 5 working days (the end of the five working days coincided with the end of the eleven day cooling off period). At the bank I failed the credit check because I was not registered on the electoral roll. I informed the college on 1st September, I was passed from department to department who all said that even if I cancelled now I would be liable for £5,000 (half of the course fees).

Solicitors are now chasing me for the debt. I have written to the college again who replied that I made an agreement and I should only communicate with their solicitors.

I have been to the CAB who said that the law is too complex and I need a solicitor. Legal aid is not available for this type of case and the solicitors I have called charge around £150 p/h, which I cannot afford.

I only had a relationship with the college for around 3 weeks, I can't see how they can be asking for £5,000. Unqualified people (friends, relatives etc) keep telling me to fight this because it is wrong. However I am afraid of having a CCJ made against me.

Does anyone have any advice please????

Clive_Woody

Give Consumer Direct a call, they will be able to advise

http://www.consumerdirect.gov.uk/

Consumer Direct is the government-funded telephone and online service offering information and advice on consumer issues. Consumer Direct is funded by the Office of Fair Trading and delivered in partnership with Local Authority Trading Standards Services.

JasX

essexbrummie wrote: »

The finance terms and conditions stated that I had an eleven day cooling off period where I would get a full refund. If you cancel after this date you lose your deposit, if this occurs after 31st July you are liable for part of the course fees.

They replied that I would receive it within 5 working days (the end of the five working days coincided with the end of the eleven day cooling off period).


I only had a relationship with the college for around 3 weeks

Doesn't look good.

You only tried to cancel AFTER the 11 day cooling off period and AFTER the 31st July 'lose deposit only' date ...therefore you're bound by the agreement.

the fact that you accepted after the 31st July means the 'after 31st July' bit applies IMMEDIATELY the 11 day cooling off period ends, you don't get exempted from it.

you might get lucky in court but don't bank on it as its also been known for judges to give short shift to people appearing before them !!!!lessly entering binding agreements then whining they 'thought' they'd be allowed to break it / it wouldn't apply to them because of unreleated reason x

essexbrummie

Thanks Clive, I've already tried Consumer Direct and they have passed my info onto Trading Standards.

I understand what you're saying JasX but don't you think £5,000 is extortionate? They already had a £350 deposit from me for nothing. I guess their terms and conditions are in place in case you prevent somebody else from going on the course; I did not do that. Or does it not matter how unfair something is because I've agreed to it? Other educational institutions accept that there are exceptions, I feel I am an exception because I was persuaded to apply late. I'm trying to decide whether to go to court and risk a CCJ or to start making monthly payments, I appreciate any advice you can give me.