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

superfrustrated

I purchased on the 13th Sept so that is at least 13 business days, not counting the 2 weekends and as I unemployed, it surely can't be a B2B contract as I am a consumer hoping to turn my life around by purchasing a personal development service as I see it?

sheramber

Purchase 13 September.

cancel 30 September 

17 days.

ItsComingRome

user1977 said:

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.

It's not, no.

But your example isn't either.

Ultimately the intent matters, not what it could be construed as.  My point was that you'd be hard-pressed to ever argue an HGV training contract was done for "consumer purposes."  Perhaps a few bored billionaires might decide to train as an HGV driver because they have nothing better to do but almost everyone else would do so for business purposes.

The OP transacted for business purposes and can't even lie and claim "oh well I just did it for fun" so as to rely on the CRA.

Money_Grabber13579

ItsComingRome said:

user1977 said:

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.

It's not, no.

But your example isn't either.

Ultimately the intent matters, not what it could be construed as.  My point was that you'd be hard-pressed to ever argue an HGV training contract was done for "consumer purposes."  Perhaps a few bored billionaires might decide to train as an HGV driver because they have nothing better to do but almost everyone else would do so for business purposes.

The OP transacted for business purposes and can't even lie and claim "oh well I just did it for fun" so as to rely on the CRA.

But they didn’t do it for business purposes. If they were to get the qualification and this be able to become an employee of a haulage company, they still wouldn’t have a business and so there is no business to contract with. All of these types of courses are for the personal development of the individual, in their capacity as consumer. If the OP was looking to set up their own haulage business, that might make it borderline, but this is not.

ItsComingRome

Money_Grabber13579 said:

ItsComingRome said:

user1977 said:

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.

It's not, no.

But your example isn't either.

Ultimately the intent matters, not what it could be construed as.  My point was that you'd be hard-pressed to ever argue an HGV training contract was done for "consumer purposes."  Perhaps a few bored billionaires might decide to train as an HGV driver because they have nothing better to do but almost everyone else would do so for business purposes.

The OP transacted for business purposes and can't even lie and claim "oh well I just did it for fun" so as to rely on the CRA.

But they didn’t do it for business purposes. If they were to get the qualification and this be able to become an employee of a haulage company, they still wouldn’t have a business and so there is no business to contract with. All of these types of courses are for the personal development of the individual, in their capacity as consumer. If the OP was looking to set up their own haulage business, that might make it borderline, but this is not.

Incorrect.

“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

Their trade and profession absolutely matters according to the law, not just whether they're operating as a business.

I don't believe a person training for something for the purposes of working in that sector is acting wholly or mainly outside their trade, business or profession.  I don't believe for a second that you can simply nominate your trade and then everything else is a consumer purchase.  The law doesn't work like that.

Manxman_in_exile

ItsComingRome said:

Money_Grabber13579 said:

ItsComingRome said:

user1977 said:

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.

It's not, no.

But your example isn't either.

Ultimately the intent matters, not what it could be construed as.  My point was that you'd be hard-pressed to ever argue an HGV training contract was done for "consumer purposes."  Perhaps a few bored billionaires might decide to train as an HGV driver because they have nothing better to do but almost everyone else would do so for business purposes.

The OP transacted for business purposes and can't even lie and claim "oh well I just did it for fun" so as to rely on the CRA.

But they didn’t do it for business purposes. If they were to get the qualification and this be able to become an employee of a haulage company, they still wouldn’t have a business and so there is no business to contract with. All of these types of courses are for the personal development of the individual, in their capacity as consumer. If the OP was looking to set up their own haulage business, that might make it borderline, but this is not.

Incorrect.

“consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession;

Their trade and profession absolutely matters according to the law, not just whether they're operating as a business.

I don't believe a person training for something for the purposes of working in that sector is acting wholly or mainly outside their trade, business or profession.  I don't believe for a second that you can simply nominate your trade and then everything else is a consumer purchase.  The law doesn't work like that.

You think somebody wouldn't be acting wholly or mainly "outside their trade, business or profession" even though they were not yet in a position to practise that trade etc yet because they weren't qualified to do so?  It would seem at least arguable to me that if somebody is not yet qualified to practise a trade etc, then any training course they undertake to allow them to do so must be done as a consumer and not in futherance of a trade etc that they cannot by definition yet carry out.

mattyprice4004

If you’re over 14 days, they could choose to not refund anything so I’d tread carefully. 

Personally I’d take the reduced refund with good grace, you’re the one choosing not to continue and the reasons around that aren’t really relevant. 

Also the difficulty of reselling a place really doesn’t come into it either - that’s their issue and not yours. 

prowla

There are many tech courses which are offered to individuals; though they may do the necessary instruction to achieve industry certifications, the training is retail.

prowla

Also, as a future tip, don't say you found things in your junk; email is not a guaranteed service and proof of sending is not proof of receipt.