Refunding only 75% for a HGV CPC video which isn't due for another 3 weeks?

superfrustrated

Hi, I have been out of work for 18 months due to Covid and I recently decided to retrain as a HGV driver (I actually used to do it 30 years ago, just not the bigger trucks) and part of the process today is completing a CPC (Driver Certificate of Professional Competence) which involves doing 40 hours of videos that are scheduled with 14 other people (I believe used to be in a classroom before covid) and the teacher, this is completed over a 4/5 day course of remote videos. I booked it 2 weeks ago and I was told that I couldn't get in till the end of October, so I said fair enough, I will just have to wait as I wanted to get working again.

However, something came up this morning that meant I may be able to get some work so I decided I would cancel the video course which isn't due for another 3/4 weeks yet and phoned to postpone or cancel the course, at which point I was told that I would lose 25% of my money because 10 days have passed since I purchased the course??

The guy I spoke to is the same guy as before (I think there is only 1 guy there) and he said I was informed of this and I said no I wasn't and he said that it must be in my junk email (I later checked and there are 5 emails (1 for each day of the course) and they were in the junk folder) and I said that he hadn't told me on the phone when I agreed to pay this and he said the 25% is for their marketing/sales costs? I informed him that having working in IT for 20 years, I cannot see how a couple of clicks on his computer are going to cost me almost £70 and the fact that they are so busy with customers and also the fact that there are also 14 others on the course, that I couldn't see where the money is being lost?

Can someone let me know if what they say is correct because I forked out £250 to what I thought was a genuine company and feel like I just got scammed, maybe this is why we have no truck drivers if everyone is scamming them....

Very frustrated as I have lost money now and I am not sure this is a job area that I wish to get into.

Thanks for any help or assistance.

superfrustrated

I forgot to mention that I am basically getting charged almost £70 for Zoom calls, Zoom calls that will be occupied by other people so it is not even a dedicated video call and if they are so busy, I am sure that they will fill the call fairly quickly.... I just fail to see where the costs to them occur apart from 5 mins on the phone and a couple of clicks on the schedule......??

Bradden

I think leghally they haver to supply the T&C's in a durable form.. which it sounds like they did.. it's unfortunate it got filed under junk.

superfrustrated

Bradden said:

I think leghally they haver to supply the T&C's in a durable form.. which it sounds like they did.. it's unfortunate it got filed under junk.

I know we are in the digital arena, but surely mentioning something like this before money is paid should be a legal requirement, I think it is just appalling, its not as if they are not going to get their money back and if I hadn't have been treated so badly, I would have probably gone back to them later to continue but there is no chance now...

biscan25

Should be covered by the CCR - Statute gives 14 days to cancel. See I want to cancel a course I booked online, what are my rights? - Which?

ItsComingRome

biscan25 said:

Should be covered by the CCR - Statute gives 14 days to cancel. See I want to cancel a course I booked online, what are my rights? - Which?

Is someone taking a professional course to retrain actually a consumer?

I suspect the court would view this as a business contract, most people don't take HGV courses for a bit of fun.

bris

ItsComingRome said:

biscan25 said:

Should be covered by the CCR - Statute gives 14 days to cancel. See I want to cancel a course I booked online, what are my rights? - Which?

Is someone taking a professional course to retrain actually a consumer?

I suspect the court would view this as a business contract, most people don't take HGV courses for a bit of fun.

It's a bit of a tricky one tbh. Maybe if he was training, buying a truck and running his own business then yes it's a business. 

But what if he was training to get a job and be an employee? That's not a business just someone looking for work.

Tbh I have no idea how the law would see this in that respect, but the bigger problem is the cooling off period, has it expired, you said you booked it  2 weeks ago then you said 10 days have passed since you booked the course so what one is it? are you still in the cooling off period or not, if your a day late then the 25% would probably be fair, maybe even getting off lightly if it's in time then no penalty should be given.

Bottom line is read that contract, find out what it says and look for cooling off periods, type of contract B2B, consumer and dates that it was formed and then cancelled.

user1977

ItsComingRome said:

biscan25 said:

Should be covered by the CCR - Statute gives 14 days to cancel. See I want to cancel a course I booked online, what are my rights? - Which?

Is someone taking a professional course to retrain actually a consumer?

I would say so, yes, unless they're already a business. Otherwise where do you end that? If I got car driving lessons purely because I needed a licence for my job, is that a B2B contract? If the main reason I went to university was to get the degree I needed for my chosen profession, is that a B2B contract?

ItsComingRome

user1977 said:

ItsComingRome said:

biscan25 said:

Should be covered by the CCR - Statute gives 14 days to cancel. See I want to cancel a course I booked online, what are my rights? - Which?

Is someone taking a professional course to retrain actually a consumer?

I would say so, yes, unless they're already a business. Otherwise where do you end that? If I got car driving lessons purely because I needed a licence for my job, is that a B2B contract? If the main reason I went to university was to get the degree I needed for my chosen profession, is that a B2B contract?

The OP is specifically training for something that offers essentially no utility to a consumer at all.  People typically don't drive HGV's around for fun.  Whilst I understand that there are fringe cases, this doesn't appear to be one of them.

Jenni_D

ISTR reading that even a sole trader can be classed as a consumer for certain transactions. IMHO the OP in this situation would be classed as a consumer, but IANAL. 🤷‍♀️

user1977

ItsComingRome said:

user1977 said:

ItsComingRome said:

biscan25 said:

Should be covered by the CCR - Statute gives 14 days to cancel. See I want to cancel a course I booked online, what are my rights? - Which?

Is someone taking a professional course to retrain actually a consumer?

I would say so, yes, unless they're already a business. Otherwise where do you end that? If I got car driving lessons purely because I needed a licence for my job, is that a B2B contract? If the main reason I went to university was to get the degree I needed for my chosen profession, is that a B2B contract?

The OP is specifically training for something that offers essentially no utility to a consumer at all.

That's not the definition of a (non) consumer contract though.