Misrepresentation Act 1967

bris

Well it's already going to the small claims court so state your case and let the courts decide.


In business though you don't have the same protection as you would as a consumer so your contract will be the determining factor.


Being pressured isn't going to be an excuse the judge will accept, your supposed to make decisions for yourself.

kozlikha

bris wrote: »

Well it's already going to the small claims court so state your case and let the courts decide.


In business though you don't have the same protection as you would as a consumer so your contract will be the determining factor.


Being pressured isn't going to be an excuse the judge will accept, your supposed to make decisions for yourself.

Did you see the above post, I have now found that I couldn't have even provided the notice, so if I couldn't physically do it the way they want it to be done, then surely the judge should rule that it was an unfair demand to provide a 12 month notice from renewal date, just wasn't possible to do it.

kozlikha

Also, wish to know your thoughts on the following:

Is Diploma the same as a Certificate and is a Certificate the same as a Diploma?

I know some dictionaries consider them to be synonyms, yet does a synonym make it the same terminology especially in regards to how we perceive the two?

hollydays

http://www.olswang.com/media/26568662/uk_consumer_rights_reforms.pdf

unholyangel

kozlikha wrote: »

Also, wish to know your thoughts on the following:

Is Diploma the same as a Certificate and is a Certificate the same as a Diploma?

I know some dictionaries consider them to be synonyms, yet does a synonym make it the same terminology especially in regards to how we perceive the two?

While a diploma is a certificate, a certificate is not necessarily a diploma (although it can be).

Whats the purpose for that question?

If its going back to you being just qualified etc as an argument of you not being a business....qualifications doesnt make you a business. Its whether you're carrying out the transaction for business purposes or not.

For example a sole trader, if they buy materials for their trade, advertising space for their business or registration with an official body/conduct authority...then they are acting in the course of a business.

However if that same sole trader buys his weekly grocery shopping, he's acting as a consumer.

unholyangel

hollydays wrote: »

http://www.olswang.com/media/26568662/uk_consumer_rights_reforms.pdf

wrong thread?

kozlikha

unholyangel wrote: »

While a diploma is a certificate, a certificate is not necessarily a diploma (although it can be).

Whats the purpose for that question?

If its going back to you being just qualified etc as an argument of you not being a business....qualifications doesnt make you a business. Its whether you're carrying out the transaction for business purposes or not.

For example a sole trader, if they buy materials for their trade, advertising space for their business or registration with an official body/conduct authority...then they are acting in the course of a business.

However if that same sole trader buys his weekly grocery shopping, he's acting as a consumer.

Technicality. When I was studying, according to the prospectus I was to receive a Diploma that confirms my qualification. On the last day of the course, the training body (claimant) performs a speech regarding their association membership, its advantages, insurance incorporation, etc. Lots of sales crap. At the end they state that unless students join the association they would not be entitled to receive the membership diploma.

Two points here.

I was led to believe that I would receive just one Diploma that confirms my qualification, in prospectus there was no mention of any other diploma. Basically, I got confused, not just me, others too and I made an impulsive decision under pressure to sign the damn agreement.

Secondly, it turned out to be not a Diploma of membership, but a certificate of membership, yet to this date the claimant refers to that certificate as a diploma.

IMO that was misrepresentation as I was scaremongered (is that right word) into signing the agreement and secondly I never received a Diploma of membership, I received a Certificate of membership. (I did later receive Diploma confirming my qualification).

unholyangel

Just to make sure I've got this right....

Signed up to a course with diploma at end.

End came and on the day there was a presentation, making it sound like you needed to sign up for this membership to get your diploma when you didn't have to and this instead was for a membership to this association rather than anything to do with your qualification from the course?

kozlikha

unholyangel wrote: »

Just to make sure I've got this right....

Signed up to a course with diploma at end.

End came and on the day there was a presentation, making it sound like you needed to sign up for this membership to get your diploma when you didn't have to and this instead was for a membership to this association rather than anything to do with your qualification from the course?

That is correct. Also, I have since found in their terms that I could only provide a written 12 month cancellation notice by way of registered letter to be received by them on or before the renewal date. I signed and finished course at 5pm on Friday, renewal date was next day which was a Saturday. Basically, as far as I see it I was not even given sufficient time to provide Claimant with cancellation notice the way they wanted it to be done ie registered letter.

Bantex_2

Still cannot see where the misrepresentation is.
What lies have you been told?