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Postponed training - refused to cancel and refund - Section 75

13

Comments

  • eskbanker
    eskbanker Posts: 37,635 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    “ We reserve the right to change the dates of the training according to our terms and conditions. Due to a higher power we had to postpone the training, and not due to our fault. Therefore we are unable to issue refunds.

    You can still travel on the 13th of June, the first part of the training is from the 1st till the 7th of June.

    Alternatively you may do the online training and in that case we will refund you the £1000 difference.”
    Have you actually seen the Ts & Cs referred to yet?  It seems to me that at some point you're going to need to demonstrate that they're in breach of contract, so if there are clauses that they contend will support their position then it would be advisable to familiarise yourself with these.
  • aniseymenova
    aniseymenova Posts: 15 Forumite
    10 Posts
    eskbanker said:
    “ We reserve the right to change the dates of the training according to our terms and conditions. Due to a higher power we had to postpone the training, and not due to our fault. Therefore we are unable to issue refunds.

    You can still travel on the 13th of June, the first part of the training is from the 1st till the 7th of June.

    Alternatively you may do the online training and in that case we will refund you the £1000 difference.”
    Have you actually seen the Ts & Cs referred to yet?  It seems to me that at some point you're going to need to demonstrate that they're in breach of contract, so if there are clauses that they contend will support their position then it would be advisable to familiarise yourself with these.
    I haven’t seen those. In the confirmation email I received there is a web link with the terms and conditions but it is no longer accessible. They have made changes now to the website. 
    I should be able to keep my consumer rights - if an event is cancelled or delayed and I am not able to attend the new dates I should be able to get a refund.
  • eskbanker
    eskbanker Posts: 37,635 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    aniseymenova said:
    I should be able to keep my consumer rights - if an event is cancelled or delayed and I am not able to attend the new dates I should be able to get a refund.
    Indeed - the Ts & Cs can't override your statutory rights but it's not clear to me that this would necessarily be categorised as an 'event' in the same way as a concert or flight, and would seem more analogous to more generic service delivery, so IMHO it would be worth identifying what specific consumer rights protections you'd anticipating sheltering under.
  • aniseymenova
    aniseymenova Posts: 15 Forumite
    10 Posts
    eskbanker said:
    aniseymenova said:
    I should be able to keep my consumer rights - if an event is cancelled or delayed and I am not able to attend the new dates I should be able to get a refund.
    Indeed - the Ts & Cs can't override your statutory rights but it's not clear to me that this would necessarily be categorised as an 'event' in the same way as a concert or flight, and would seem more analogous to more generic service delivery, so IMHO it would be worth identifying what specific consumer rights protections you'd anticipating sheltering under.
    I understand. I have already opened a case with the credit card company. The truth is that I can’t afford it any more and I literally have no income at the moment. Moreover this training is in another city which I have to travel to and have to pay extra for hotel or airbnb if they still offer any services. 
    Today is 13th May and I still have not received the exact dates from them, so I have other things in life I need planned and I cannot cancel everything last minute just because they failed to inform me about this changes. 
    I really hope I am right and I get my money back. 
    If I was free to do the training in April I am not longer free. I can’t change my schedule so that it can fit theirs. Also, I think it is unprofessional that they failed to inform me, having in mind this situation that we are all in. 
    I see your point however I hope I will get my refund back.
    thanks for the advice 
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 13 May 2020 at 3:22PM
    " We reserve the right to change the dates of the training according to our terms and conditions"
    Companies have these sort of terms,  so you can't claim  consequential loss, if they cancel or delay.
    Nowhere will  it say "you have to agree with these changes" as that would be unfair and unfair terms aren't legal.

    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • aniseymenova
    aniseymenova Posts: 15 Forumite
    10 Posts
    I told them that I have contacted the credit card company and that I am happy to take the full refund from them and cancelling the dispute. Now they offered me two other option 1)transfer of fees to any other training in 2020/2021 and 2) a reduced price of £1500 if I take an online training and one week intensive live.
    I don’t want any Of these offers, especially after all the time that I lost and how unprofessionally they acted.
    Can I just ignore that and not do any further communication with them? 
  • digalumps
    digalumps Posts: 179 Forumite
    100 Posts Name Dropper
    yes you have the option to ignore that and continue with your credit card claim
  • eskbanker
    eskbanker Posts: 37,635 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I'd still advocate getting hold of the relevant Ts & Cs in order to establish the strength of your case before burning any bridges....
  • Life__Goes__On
    Life__Goes__On Posts: 2,746 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 13 May 2020 at 9:04PM
    I told them that I have contacted the credit card company and that I am happy to take the full refund from them and cancelling the dispute. Now they offered me two other option 1)transfer of fees to any other training in 2020/2021 and 2) a reduced price of £1500 if I take an online training and one week intensive live.
    I don’t want any Of these offers, especially after all the time that I lost and how unprofessionally they acted.
    Can I just ignore that and not do any further communication with them? 
    You have tried to get a refund from that, but they clearly don't want to give you one.
    There comes a time when it becomes pointless and  you let another party decide.
    EDIT  So you want to say who the training school is?  as might find their T&cs
    New User name as MSE gave me a number in my old one.
    " I am not a number! I am a free man!"

  • I told them that I have contacted the credit card company and that I am happy to take the full refund from them and cancelling the dispute. Now they offered me two other option 1)transfer of fees to any other training in 2020/2021 and 2) a reduced price of £1500 if I take an online training and one week intensive live.
    I don’t want any Of these offers, especially after all the time that I lost and how unprofessionally they acted.
    Can I just ignore that and not do any further communication with them? 
    You have tried to get a refund from that, but they clearly don't want to give you one.
    There comes a time when it becomes pointless and  you let another party decide.
    EDIT  So you want to say who the training school is?  as might find their T&cs
    I can’t post links.
    it is himalayan yoga institute com 
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