Can they legally make me pay for this course?

Franticday

Hello

I am in a bit of a sticky situation and wonder if anyone can help?

2 weeks ago, I purchased a 12 week, online dietician course for a health issue that I suffer from.

This online program is released in sections and paid in 3 monthly instalments. I have paid my first instalment on 20/02/23 by credit card, so I currently only have access to the first section and the other sections are locked/unavailable to me and would become available/unlocked when I pay the next month’s instalment and so on.

The cost is £167 per month (February, March and April).

Now for the sticky bit! 

I had raging toothache a few days ago and have discovered that I need root cancel treatment, 2 teeth removed and a denture to compensate for the missing teeth. This is going to cost me a lot of (unexpected and unprepared for) money.

Sadly, I just can not afford both the dietician course and the dental treatment right now and obviously the dental work is urgent so has to be the priority.

So unfortunately I really need to cancel the online course.

I have contacted the dietician and explained the situation. I totally understand that I won’t get a refund for the February payment, I don’t aspect to get a refund as I have had that first access to the course. They have emailed to say it is not their policy to offer refunds or accept cancellations (it only states on their Ts&Cs that they don’t offer refunds). They say they will still want the money whether it’s now or some time later. I have sent several emails explaining that I am in a financial predicament due to the unforeseen dental issues and really have no choice but to cancel and was hoping this would be covered within the 2 week cooling off period for online purchases. Maybe I have this wrong because they are emailing me back asking me to give an *exact* date when I will be able to pay the next 2 x £167. I have explained that I really don’t know and have asked that they please do not take the £334 in the next 2 months as it will now put me over my credit limit (I have had to put the dental work on the same credit card).

I really don’t know what the law on this is and wonder if anyone could advise me?

As I say, I have already paid £167 and started that part of the dietician course. The remainder are locked and I am unable to access them at all so it’s not as though I have seen them or used them in any way.

tacpot12

Your fourteen day right of cancellation expires14 days after the day after the order was made. So if you ordered the course and paid for it on 20/02/2023, then you can get a partial refund if you ask for it today. My source is this MSE webpage: Consumer rights & protection: get money back - MSE (moneysavingexpert.com)

This says that you can a refund for everything you haven't used. So you need to decide whether you can prove tha tyou haven't used the full section of the course that is available to you. Is there any sort of course progress indicator on the course? If so take a photo of it with your photo and email the  photo to yourself. 

If you own your own home, and have home insurance, check to see if you have Legal Expneses cover. If you do, call your legal helpline now - they are often open until 7pm.

If you don't have this cover, you will need to email AND write to them and get a proof of posting from the Post Office today. You need a Post Office that will be open until late. 

Franticday

Thank you tacpot12. The remainder of the course shows as padlocks and are only opened once paid for. I have taken screen shots of this to show that I have had access to the full course. I will check my home insurance, thank you.

DullGreyGuy

You need to be very clear on the date you bought the service (you've given the date you paid not signed up) and when what date you informed them you wished to cancel. 

As has been mentioned, the CCR gives you a 14 day cancellation period from the date of signing up to a service however this gets a bit messy under Clause 37 which covers digital content.

Under the strict reading of the clause as long as you gave explicit consent that the service would start before your 14 day cooling off period has ended and acknowledged the consequences of that then they are entitled to charge the full amount. A more reasonable approach would be that you could only access 1/3 of the content and so you should only have to pay 1/3 of the total price (ie what you've already paid)

devoncop22

If there is no way to avoid paying for the full course could you not see if they would agree to defer the rest of your course for maybe 6 months so you would have time to replenish your funds ? That way they still get their money, you still get the course you wanted ?

Just a thought.

Either way you have my sympathy...... toothache (and it's attendant costs) are no joke !

bris

If you started the course then that ends the 14 day cancellation 

The cancellation doesn't restart for the other 2 parts its one contract.

tightauldgit

If you haven't had access to 2/3 of the course and you cancel within 14 days you should get 2/3 of your money back - it may be that they are assuming all the customers are business customers and therefore assuming consumer rights don't apply. 

tacpot12

bris said:

If you started the course then that ends the 14 day cancellation 

The cancellation doesn't restart for the other 2 parts its one contract.

The link I provided confirms that you cannot cancel if you start the course, but also confirms that are are entitled to a partial refund if you ask for this within 14 days.  

m0bov

Sounds like you have used the first part of the course. See if you can delay, otherwise you'll need to pay for it later on with a 0% card?

Undervalued

As tacpot12's first reply to this thread pointed out, the last day for any cancellation was yesterday (6 March).

So unless the OP followed the advice posted yesterday the "ship has sailed". Even if they did act yesterday, I suspect a partial waiver of further fees is the best that can be expected unless the course provider is willing to make a gesture of goodwill.

born_again

Who is the course with?

My feeling here is. As you started the course, then you are going to have to pay for the rest. But if this is a CPA (continuous payment authority) then they will just take the payment each month anyway & there is nothing you can do to stop it.
Asking your card provider to block it, does not cancel the contract. Just means they can/will chase by whatever means they can for the funds.

So as others have suggested. See if you can defer the agreement for a few months. Or try to get a NHS referral to a dental hospital to do the dental work.