Section 75 claim

ste_wilko

Hi everyone,

I'm hoping you can help me with this problem I'm trying to sort out for my sister.

She enrolled on course with distance learning provider My Distance Learning College (MDLC). The course was a level 3 diploma accredited by the NCFE awarding body and was a recognised award on the QCF.

Now, towards the end of her course (October), NCFE have revoked MDLC's accreditation; citing that MDLC have overdue invoices.

Several other awarding bodies have also revoked accreditation from MDLC for similar issues. MDLC are now having problems getting accreditation from other bodies because of it all.

They have managed to use their own awarding body for the course my sister is on, however it no longer falls within the scope of the QCF and thus is a waste of money.

We are looking to make a complaint and claim for a refund from MDLC.

However, if that doesn't work we are looking to possibly make a claim back to her credit card company under section 75. The only problem is that after making her purchase for the course she transferred the balance to another card. Who does the section 75 claim need to be made against? Is it the original card provider or the current one?

Thanks!

InsideInsurance

The original provider

You will have to be prepared on how to demonstrate that the course is now worthless. Presumably she has actually learned things on the course and so a 100% refund is probably unlikely.

unholyangel

InsideInsurance wrote: »

The original provider

You will have to be prepared on how to demonstrate that the course is now worthless. Presumably she has actually learned things on the course and so a 100% refund is probably unlikely.

They can't provide what was agreed. As such they (supplier and card company) are liable for reasonable costs incurred - that op wouldnt have incurred had the breach not occurred (ie the cost of enrolling in another course of the same that offers the same level of qualification).

The party not in breach should not be worse off for having entered into the contract and there is little possibility of the OP obtaining a discount for the things shes learned previously.

Of course she does have a duty to mitigate her losses but as above, unlikely to get a discount so her losses are the cost of enrolling elsewhere.

vaio

and her time for doing the course with the new provider?

ste_wilko

The problem is, the course she bought was a nationally recognised level 3 diploma that was on the QCF. Now, because they haven't paid their bills they have moved the award to Focus, and they don't have any QCF viable courses.

So the course has ended up not being what she paid for and it is worthless because it's not a nationally recognised qualification and might as well not exist

unholyangel

ste_wilko wrote: »

The problem is, the course she bought was a nationally recognised level 3 diploma that was on the QCF. Now, because they haven't paid their bills they have moved the award to Focus, and they don't have any QCF viable courses.

So the course has ended up not being what she paid for and it is worthless because it's not a nationally recognised qualification and might as well not exist

See my post.

Look for alternative courses that will give her the degree promised. Try and get a few prices and send them in with the section 75 claim.

If they reject her claim, she can refer it to the financial ombudsman.

They have ruled previously on cases saying that the card companies liability is not limited to a refund - it is liable for reasonable costs incurred as a result of the suppliers breach.