Misrepresentation Act 1967

kozlikha

Bantex wrote: »

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

Maybe I am not explaining myself properly. I consider provision of misleading information also to be part of misrepresentation, maybe I am mistaken. If you are told in a prospectus that upon completion you would definitely be receiving a Diploma and at the end you were told that unless you were to sign up with the course provider's association (extra charges) you would not be receiving a Diploma, but what the provider was meaning to say is that I would not be receiving a Certificate of membership, but they never said the word Certificate, they kept using the word Diploma, even now they still refer to that Certificate as a Diploma, which it isn't. So they misled me by misusing terminology, as I would have received my qualification Diploma regardless of joining or not joining their association, but because they kept saying that I would not receive a Diploma of membership (meaning a Certificate) I made an impulsive decision to sign up under extreme pressure. Only yesterday I have found a clause in their own terms, that states that I could only have provided a 12 month cancellation notice by sending to them a registered letter which they should have received the next day of me signing the agreement, which wouldn't have been possible as I finished at 5pm on Friday and they were shut on Saturday, which was THE only day they would have accepted the cancellation notice.

kaya

"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"

So they told you if you didn't join their organisation you would not get a diploma confirming you were a member of that organisation? And you took that to mean that unless you join you would not get a diploma verifying your qualification? And you see your inability to tell the difference between a membership diploma and a qualification as good grounds to kick off? Really? What was the qualification in? Basket weaving? I hope to god it was nothing to do with business, contracts or English language as you don't seem to have learned much about any of those

kozlikha

Simple question for you since you are the one with the brains. If they were going to provide me with a CERTIFICATE of membership, then why were they referring to it as a DIPLOMA?

Secondly, why not give me any chance to even provide them with a notice in line with their own terms?

Thirdly, they have foreign students that study there too, whose perception of English legal matters may not be on par with yours.

powerful_Rogue

kozlikha wrote: »

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.

The important bit being "on OR before", could you not have sent the letter cancelling a week earlier so it arrived in time?

Have you got a link to their website?

kozlikha

powerful_Rogue wrote: »

The important bit being "on OR before", could you not have sent the letter cancelling a week earlier so it arrived in time?

Have you got a link to their website?

Not possible. Signed up on Friday 30th Nov lunch time, course still went on to 5pm, REGISTERED letter had to be with them no later than 1st December (next day).

Robin9

OP do slow down a bit.

Just what money is at stake here ?

If you are getting membership of a professional body that enables you to make the most of your business and you get insurance then that is not crap but might be a very good deal.

If you still think its not for you simply write and cancel before the renewal date.

kozlikha

Robin9 wrote: »

OP do slow down a bit.

Just what money is at stake here ?

If you are getting membership of a professional body that enables you to make the most of your business and you get insurance then that is not crap but might be a very good deal.

If you still think its not for you simply write and cancel before the renewal date.

You guys are meant to help me solve this, why do you keep asking same questions?

Professional body? None of my customers were aware of the association. Also, they state in the prospectus that we could earn at least £40 per treatment and usually more, now, none of the practitioners that I asked were able to get anywhere near that rate. Do you just buy insurance based on first quotation? No, normally you would compare quotes. But with this one I felt like I wasn't given a choice.

Anyway, it looks like you guys seem to think that it was me who did something wrong here, pulling a fast one.

The first hearing was adjourned as the claimant wasn't present, they wanted the hearing to go ahead without them being there, so Judge adjourned so claimant could comment, so hee must have seen something in my defence that was worthy of attention.

If you a buy a jam doughnut, but get a custard doughnut that doesn't make it the same thing, as you bought a doughnut with a different filling. If baker means to sell you a custard doughnut, then that is what's supposed to be advertised to you.

P.S. Around £1000

powerful_Rogue

kozlikha wrote: »

Not possible. Signed up on Friday 30th Nov lunch time, course still went on to 5pm, REGISTERED letter had to be with them no later than 1st December (next day).

Of course it was possible, I think your getting confused.

They had to have received the letter on OR before the 1st December. You could have sent the letter on the 25th November registered delivery.

Plus im slightly confused by the dates your using. Surly you can still cancel this by sending them the letter now if the renewal date isnt until the 1st December?

powerful_Rogue

kozlikha wrote: »

You guys are meant to help me solve this, why do you keep asking same questions?

Because your not answering them or your answering in a way which bypasses the question asked. If you want help, you will need to provide information. If you dont want to, then go and seek professional legal advice.

Again, what is the website in question so we can see the terms and conditions.

kozlikha

powerful_Rogue wrote: »

Because your not answering them or your answering in a way which bypasses the question asked. If you want help, you will need to provide information. If you dont want to, then go and seek professional legal advice.

Again, what is the website in question so we can see the terms and conditions.

There are no terms on their website. Only site usage policies.