Course fee refund

sudaksudak

Hi! Does anyone know what my rights are in case of the following.
I signed up to a course (it's an American Co) as they were coming to the UK. Paid deposit, full course fee etc. As I was about to make the journey I came out in chicken pox! Obviously the doc told me not to go (I was in a pretty bad shape anyway). Now the course organisers are telling me deposit is non refundable and dragging their heels on refunding the actual course fee too. Instead suggesting I visit them for the same couse in the US this year (no way I can afford this).
I raised issue through PayPal regarding both payments. At the end of the day had I attended with a highly contageous desease they would have had more problems as there were pregnant ladies there and some that never had chickwn pox. Don't think they care tho!
How do I get my money back?? Help!

marliepanda

You're probably not going to. You cancelled I assume shortly before, I'm guessing by you saying you were about to set off, giving them no opportunity to sell your place to someone else or recoup their costs by not preparing any course materials for you.

How much was your deposit?

Hintza

sudaksudak wrote: »

How do I get my money back?? Help!

You don't get your deposit back.

Poppie68

What do the T&C say? As it sounds like you cancelled at the last minute you may find you aren't entitled to any money back as they wouldn't of had time to resell your spot to anyone else.

BarryBlue

It is rubbish to say they can simply retain your deposit, and certainly not the full fee. To retain it they would have to show that they had actually incurred expenses equivalent to what you had paid. Being unable to resell the place, or 'loss of profit' is not sufficient grounds to retain your money.

You need to look at the Unfair Terms in Consumer Contracts Regulations 1999 (as amended), along with the government guidelines available online. The T&Cs may say you are not entitled to a refund. They would be deemed unfair by a court if they applied that term as a penalty charge (unlawful) rather than an actual quantifiable loss.

As ever, don't listen to the barrack room lawyers on this forum. Check the regulations for yourself.

marliepanda

It's an American company. Therefore you need to look at the applicable American law.

We may not be 'lawyers' but you cannot simply not then up to something and demand your money back. If she had tried to cancel a week before I would agree with your stance on the course fee to an extent. But that is not the case.

BarryBlue

marliepanda wrote: »

It's an American company. Therefore you need to look at the applicable American law.

We may not be 'lawyers' but you cannot simply not then up to something and demand your money back. If she had tried to cancel a week before I would agree with your stance on the course fee to an extent. But that is not the case.

There is no reason to suppose the contract was entered into in America, therefore no reason to suppose it is not under English law. The OP said the course was in the UK so US law is irrelevant.

Again, what is a reasonable charge for the company to retain will depend on their quantifiable losses, which in the case of an educational course will probably be minimal. Any such costs would have to be quantified and verifiable for any court case.

The OP needs to have a look at the regulations. With respect, so do you.

marliepanda

You don't have to be in America to contract with an American company and have this fall under US law.

You claim to be legally qualified and now I'm worried about the requirements ..

BarryBlue

marliepanda wrote: »

You don't have to be in America to contract with an American company and have this fall under US law.

You claim to be legally qualified and now I'm worried about the requirements ..

If it's an education course in the UK it will be covered by UK law. And yes, I am legally qualified, although I am aware there is no way to prove that on a forum. That's why I recommend people do their own research, as should you.

marliepanda

BarryBlue wrote: »

If it's an education course in the UK it will be covered by UK law. And yes, I am legally qualified, although I am aware there is no way to prove that on a forum. That's why I recommend people do their own research, as should you.

If an American company flies over, hires a room and runs a course, that's not governed by UK law. Again, you're making assumptions based on zero information to suggest it.

wealdroam

sudaksudak wrote: »

Hi! Does anyone know what my rights are in case of the following.
I signed up to a course (it's an American Co) as they were coming to the UK. Paid deposit, full course fee etc. As I was about to make the journey I came out in chicken pox! Obviously the doc told me not to go (I was in a pretty bad shape anyway). Now the course organisers are telling me deposit is non refundable and dragging their heels on refunding the actual course fee too. Instead suggesting I visit them for the same couse in the US this year (no way I can afford this).
I raised issue through PayPal regarding both payments. At the end of the day had I attended with a highly contageous desease they would have had more problems as there were pregnant ladies there and some that never had chickwn pox. Don't think they care tho!
How do I get my money back?? Help!

Hi sudaksudak, welcome to the forums.

Are you able to tell us the name of the company?
A link to their website would be even better.

Can you also say whether you paid directly to this company in the US or did you pay a UK agent/subsidiary?

I rather expected our 'legally trained' expert Barry might've asked those questions, but never mind.