Training provider issue

JanetDoe_2

Hi,

I could use some advice regarding a HR course I applied for. I saw on the CIPD website that there was a training provider near to where I work - Selhurst Consulting- who offered the Human Resource course I was interested in. I completed an application form and sent it to them after asking some speculative questions regarding the course. After sending the application though I reviewed the details and realised that the course was over £2000 which was double what normal London colleges were charging. I therefore decided against attending.

Whilst on holiday I received an email advising of potential start dates which I saw upon my return. Having decided not to undergo the course I did not reply. However I then received an invoice to my work email address for £2100. I emailed them to tell them that I had not agreed to join the course and would not be attending. They replied, apologising, and I thought the matter closed. A few weeks later I received another invoice and replied again letting them know that I would not be undertaking the course.

Then I received a letter from their lawyers advising that if I did not pay the invoice they would be taking me to court to reclaim the sum. This is bearing in mind that I hadn't confirmed acceptance of the place, hadn't confirmed a date for starting, hadn't received any joining instructions and had been told by their course administrator after they sent the first invoice that they 'apologised for the inconvenience.' I wrote to the lawyers explaining this, but also checked out the TOB's on Selhurst's website. This is where I saw the catch, that sending an application and having your application accepted was a 'legally binding contract' unless revoked within 5 working days. Having been on holiday when I received the acceptance I obviously hadn't done this.

Now I'm stuck! Obviously I should have read the terms of business from the start but because I wasn't actually 'buying' anything, only applying for a course, I hadn't thought to do so. The solictor's are not buying anything I say in my letters, and Consumer Direct didn't seem to know what I should do, as the terms of business are clearly stated on Selhurst's website.

I'd welcome any advice anyone could give me, as I'm almightily stressed about this situation!

Thanks

Janet

heretolearn_2

If I were you I'd remove all reference to the company name and the word 'scam' immediately before you get yourself sued for libel.
You did buy something, the terms and conditions for cancellation were perfectly clear you just didn't bother to read them, you can't scream 'scam' because you can't just change your mind about buying it after the fact. You bought a course from a private provider. Soon as you apply, that's it, you are booked in. It's not like applying for uni or something where you might get accepted, and then might accept the offer of a place. Applying for a place isn't telling them 'well I'm thinking about it', it is purchasing the item that they sell (a training course), plain and simple. You made a mistake and your best bet is to try to appeal to them. Accusing them of being scammers when they haven't done anything wrong or scammed you in any way whatsoever isn't going to make them want to help you, and personally I find it a pretty despicable thing for you to post up.

Anyway, as you are not taking the course you could appeal to them for flexibility.

Or

Distance selling law MIGHT apply (but there are exclusions so I'm not sure about courses.)

The cooling-off period and your right to cancel
If you buy something without face-to-face contact, you will usually have a ‘cooling off period’ of seven working days. It lets you can cancel the order for any reason and get your money back.
If you decide to cancel your order within the cooling off period, you must tell the trader in writing.
You don’t have this cancellation right:
when a new service starts immediately (eg paying for access to a website)
if the item is personalised or made to order
if the item is perishable, eg food or flowers
for newspapers or magazines
where the security seal has been broken on a CD, DVD or computer software
if you buy something from an online auction like eBay - this is known as a private sale
If you have already paid for the items or services, the trader must refund your money within 30 days of you cancelling the agreement.
Buying from an online auction

When the cooling-off period starts
The seven working day cooling-off period usually starts on the day after you receive the goods.
But the trader has to tell you in writing: - did they do this? I think actually having it on the website counts. You should have read the terms and conditions before applying to be honest with you.
your right to a cooling off period
how to cancel your order
who is responsible for returning goods
who has to pay the cost of returning goods if you cancel in the cooling-off period
information about any after-sales service
the address to use for complaints
If you don’t get this information, your cooling-off period extends up to a maximum of three months and seven working days. For example if the trader takes one month to tell you in writing, you get a cooling-off period of one month and seven working days.

TrickyDicky101

What exactly was contained in your 'application'? Were you simply requesting details of the courses? Would you really make an offer (of your course attendance) without knowing the cost? T&Cs are irrelevant if no contract has been entered into, and indeed may still be irrelevant if contrary to statute/precedent.

ashleypride

I could quite easily go straight to the link http://www.selhurstconsulting.co.uk/_docs/_courses/6_application.pdf print and send off, without knowing the costs or the terms of the contract. If the OP applied through the website, or if the application form referenced the T&Cs different matter - much more clear cut.

However, the application document says "Please note that bookings cancelled within one month of the start of any programme are non-refundable." - so which month did you tick? I think it's reasonable to assume that if over a month away is 100% refunded.

TrickyDicky101

There's no way that completion and return of that application form - on its own - can enter you into a contract with the company. For them to be chasing you, you must have indicated through some other means you would be taking up their course. So what other communication with them did you have?

JanetDoe_2

No other communication whatsoever, apart from to tell them I didn't want to attend the course when they sent me the invoice. Apparently though, the application is enough!

Sambucus_Nigra

I'd call up CIPD and ask them why they are advertising scammers and get some advice from them on how to tackle this.

TrickyDicky101

You cannot enter into a contract based on that application. They are having a laugh. Personally I wouldn't bother replying to these jokers - if it ever went to (small) claims court they wouldn't succeed. They must know that. Their idle threats should be ignored.

JanetDoe_2

I would usually ignore, but the fact that they've gotten their solicitors to reply worries me! I've sent two letters to the solicitors but they're standing firm...

Emmzi

Have you asked the solicitors to send you evidence supporting why they think you have entered into a contract? That'd be my starting point.

If you do get stuffed and have to pay the college may allow you to defer until next year, assuming you missed the start date.

Depending on the course £2000 doesn't necessarily mean a rip off. I'd expect classes to be more expensive than distance learning for example.

Sambucus_Nigra

JanetDoe wrote: »

I would usually ignore, but the fact that they've gotten their solicitors to reply worries me! I've sent two letters to the solicitors but they're standing firm...

On what grounds?

Call the CIPD and ask them why they are promoting scammers...