icourse and training

gordygordy

Hi all, I contacted a company for training for a course on becoming an adi, approved driving instructor.
The price was good. I talked to the guy and all seamed well. A week later the price dropped by £300 with a time limit.
I duly paid, realising I had a 14 day cool off period.
On reading part of the t and c,s on my phone. I was not so sure.
I asked my partner to download them.

She hit on a button called get started, which led to changing a password. This lead to the t and c,s. Trouble was the company now says we had activated the icourse programme. And gave up our right to a refund and want the full £1000.
We have called cab, they have refered it to trading standards. Following that the online dispute resolution. Basically they have read us chapter and verse of all the regulations, article blah blah. We have not signed the t and c,s but they saying by activating the course we owe them in full we have paid them a third as an initial payment.
Are we legally obliged to pay the full amount?

We accessed none of the content
Help please
Atb Gordy

daytona0

Talk about making a mountain out of a molehill!

Why did you pay over a third of the cost if you were intending to cancel within the 14 day cooling off period?!

Clearly you had the money or means to pay for it to begin with, so what's the beef?

With the Ts and Cs, as long as they were prominent (provide us the url and we'll give you an honest assessment of that) then you have read and accepted them when you completed the purchase. The only real case you could make is that those Ts and Cs restrict your statutory rights.

In short, I don't know, but some people on here may know. You can also check exclusions under the COnsumer Contract Regulations to see whether your situation falls under that.

All in all, this may be a small claims court job in that the company seem adamant that they are right and you will effectively be challenging their Ts and Cs on a statuary level. You could try a chargeback with your bank/CC, but I think it is unlikely to work here.

Blackbeard_of_Perranporth

B2B transaction. Move on.

daytona0

Blackbeard_of_Perranporth wrote: »

B2B transaction. Move on.

Not convinced it would be b2b, but worth pointing it out.

(B2B = business to business ie you are a business of some kind)

naedanger

gordygordy wrote: »

Hi all, I contacted a company for training for a course on becoming an adi, approved driving instructor.
The price was good. I talked to the guy and all seamed well. A week later the price dropped by £300 with a time limit.
I duly paid, realising I had a 14 day cool off period.
On reading part of the t and c,s on my phone. I was not so sure.
I asked my partner to download them.

She hit on a button called get started, which led to changing a password. This lead to the t and c,s. Trouble was the company now says we had activated the icourse programme. And gave up our right to a refund and want the full £1000.
We have called cab, they have refered it to trading standards. Following that the online dispute resolution. Basically they have read us chapter and verse of all the regulations, article blah blah. We have not signed the t and c,s but they saying by activating the course we owe them in full we have paid them a third as an initial payment.
Are we legally obliged to pay the full amount?

We accessed none of the content
Help please
Atb Gordy

Was it possible to read the full t and c's before activating the programme? I am guessing it was as you said you started reading them before activation. However if it wasn't then activation alone can't legally bind you to any terms you couldn't possibly read prior to activation.

Blackbeard_of_Perranporth

daytona0 wrote: »

Not convinced it would be b2b, but worth pointing it out.

(B2B = business to business ie you are a business of some kind)

A consumer buys driving lessons. What consumer buys lessons to be a ADI.

gordygordy

There was a deal which lasted a short while. Stupid me accepted before reading the t and c,s properly. As I only use a phone for tinternet, I got my good lady to print them off. She inadvertantly hit the wrong link. After reading them I wasn't happy. I am sorry to upset you fella. My mistake has cost me money. Thanks for your concern.

daytona0

Blackbeard_of_Perranporth wrote: »

A consumer buys driving lessons. What consumer buys lessons to be a ADI.

A business can also buy driving lessons, should it be the requirement of the job.

A consumer can buy lessons to be an ADI, if they simply want to learn a new skill.

You are guessing a bit at the situation. If OP does not have a LTD company, does not work for one who REQUIRE the qualification and is not "self employed" then what "business" do they belong to? A hypothetical one in the future?

unholyangel

Blackbeard_of_Perranporth wrote: »

A consumer buys driving lessons. What consumer buys lessons to be a ADI.

In the course of a business doesnt just have one definition/application. It depends on the legislation in question. For example a delivery guy selling an old vehicle was found to not be acting in the course of a business under SoGA but was acting as a business under the Trade Descriptions Act.

However in this instance, OP is not yet a business. Most distance learning courses (or hell, just most learning courses actually) would only be for business use and not "consumer use" but they are still covered by the CRA & CCRs because theyre not acting in the course of their business yet.

George_Michael

Blackbeard_of_Perranporth wrote: »

A consumer buys driving lessons. What consumer buys lessons to be a ADI.

A consumer who may wish to become a driving instructor at some time in the future.