Course Cancellation Fee - no money paid

Sauropod8

This is a long story and I am trying to explain in a somewhat anonymous way. I'll try to sum it up succinctly! The course in question requires 3 people to run, and I was the third. I have paid no money nor signed any paperwork.

- I passed a certification in July 2023. Expressed interest in the next level up course (verbally).
- Centre I trained with (and friendly with) apparently booked me on to the next course and exam for Nov 2023.
- This was then moved to Dec 2023 with a different trainer.
- this was then moved to March 2024 due to a lack of trainees.
- in the meantime my significant other booked a holiday for March so I said I cannot attend those dates.
- - at this point, I was never told how many days, which days, or location of this course. Just cost.
- Training centre verbally chatted to me about new dates in Feb 2024. Gave some examples but nothing solid.
- - turns out at this point the training centre told 2 other trainees those Feb dates and "locked it in" with the trainer. Nothing was said for definite to me, and I still did not know when or where this course was, and I also was feeling like I wouldn't be able to afford it.
- on 13 Jan, I got an invoice from the trainer.
- a day later, was told the course is 3hrs away from home and for 7 days. Meaning I would need to take minimum 5 days unpaid off work (which I don't have because my SO booked this holiday). Plus would need accommodation. I definitely cannot afford it, and told the training centre this.
- training centre tried to sort a finance option for me. I said no I cannot afford it.
- Now: training centre say they have a 90% cancellation fee from the trainer and are passing this on to me. It is over £1000.
- also they are threatening legal action as I have not paid the invoice from 13 Jan (and now saying I need to pay the cancellation fee).

So. I feel screwed. I have never even paid any deposit or money towards this course, wasn't aware I was officially booked on it until i got an invoice so how can I have a cancellation fee?

The training centre website says:
"All other courses require a booking in advance although your place on the course is not confirmed until full payment is made no later than 30 days before the start date."

So as far as I am aware, I havent paid in full so my place on the course is not confirmed. Is that correct?

Additionally, for the courses in Nov and Dec it turns out I had not held the first certification for long enough to even be enrolled. But the training centre are saying that I have been booked on to 3 of these courses.

But also, I gave well over a month notice that I no longer wanted to do the course as I couldn't afford it. The training centre did not communicate this to the trainer, but instead tried to talk me into it (verbally) and then sent an email 2 weeks before the course is due to start to say they would work out a finance option for me. I feel like I gave plenty of notice, do you think? And now the centre has finally said to the trainer 1 week before the course that I am not attending, and they are getting a cancellation fee.

Can anyone make sense of this, I appreciate its a bit cryptic. Am I going to have to try and find over £1000 for this cancellation? At that rate I should have just done the course, but now I can't un-cancel (and have done no prep for it next week!). I didn't have the money for the course in the first place so idk how I will pay a cancellation fee.
Can they take me to court?

elsien

The training centre website says:
"All other courses require a booking in advance although your place on the course is not confirmed until full payment is made no later than 30 days before the start date."

What does it say about your specific course? It doesn’t matter what it says about other courses.

Undervalued

Sauropod8 said:

This is a long story and I am trying to explain in a somewhat anonymous way. I'll try to sum it up succinctly! The course in question requires 3 people to run, and I was the third. I have paid no money nor signed any paperwork.

- I passed a certification in July 2023. Expressed interest in the next level up course (verbally).
- Centre I trained with (and friendly with) apparently booked me on to the next course and exam for Nov 2023.
- This was then moved to Dec 2023 with a different trainer.
- this was then moved to March 2024 due to a lack of trainees.
- in the meantime my significant other booked a holiday for March so I said I cannot attend those dates.
- - at this point, I was never told how many days, which days, or location of this course. Just cost.
- Training centre verbally chatted to me about new dates in Feb 2024. Gave some examples but nothing solid.
- - turns out at this point the training centre told 2 other trainees those Feb dates and "locked it in" with the trainer. Nothing was said for definite to me, and I still did not know when or where this course was, and I also was feeling like I wouldn't be able to afford it.
- on 13 Jan, I got an invoice from the trainer.
- a day later, was told the course is 3hrs away from home and for 7 days. Meaning I would need to take minimum 5 days unpaid off work (which I don't have because my SO booked this holiday). Plus would need accommodation. I definitely cannot afford it, and told the training centre this.
- training centre tried to sort a finance option for me. I said no I cannot afford it.
- Now: training centre say they have a 90% cancellation fee from the trainer and are passing this on to me. It is over £1000.
- also they are threatening legal action as I have not paid the invoice from 13 Jan (and now saying I need to pay the cancellation fee).

So. I feel screwed. I have never even paid any deposit or money towards this course, wasn't aware I was officially booked on it until i got an invoice so how can I have a cancellation fee?

The training centre website says:
"All other courses require a booking in advance although your place on the course is not confirmed until full payment is made no later than 30 days before the start date."

So as far as I am aware, I havent paid in full so my place on the course is not confirmed. Is that correct?

Additionally, for the courses in Nov and Dec it turns out I had not held the first certification for long enough to even be enrolled. But the training centre are saying that I have been booked on to 3 of these courses.

But also, I gave well over a month notice that I no longer wanted to do the course as I couldn't afford it. The training centre did not communicate this to the trainer, but instead tried to talk me into it (verbally) and then sent an email 2 weeks before the course is due to start to say they would work out a finance option for me. I feel like I gave plenty of notice, do you think? And now the centre has finally said to the trainer 1 week before the course that I am not attending, and they are getting a cancellation fee.

Can anyone make sense of this, I appreciate its a bit cryptic. Am I going to have to try and find over £1000 for this cancellation? At that rate I should have just done the course, but now I can't un-cancel (and have done no prep for it next week!). I didn't have the money for the course in the first place so idk how I will pay a cancellation fee.
Can they take me to court?

This would all hinge on whether or not a contract has been formed. A contract doesn't have to be signed or even in writing to be valid (although obviously it is better if it is in the event of a dispute). 

Legally a contract just requires offer and acceptance. So, if they could show that they offered and you accepted (even verbally) a place on the course on certain terms then they might have a case.

On the other hand the quotes from their website could be read to suggest that no contract is formed until the deposit is paid. In which case they don't have a case.

I would have thought, given what is says on the website, they would struggle to show that a valid contract has been formed but who knows if they will try.

How do you know what they said to the trainer? Would the trainer be willing to be "on you side" in any dispute?

Sauropod8

elsien said:

The training centre website says:
"All other courses require a booking in advance although your place on the course is not confirmed until full payment is made no later than 30 days before the start date."

What does it say about your specific course? It doesn’t matter what it says about other courses.

Hiya,
It doesn't say anything about my specific course, just that generic bit. 
"For experience programmes [which this course is not] payment is required in full to secure your booking. For all other courses [etc as above]".

Sauropod8

Thanks Undervalued.

Everything about this was chatted about very casually in the centre in person. Vague gestures at calendars "we could do it around here". I'm sure if they saved the CCTV footage (which they won't) it would show this! 
I feel like the terms were never clear and kept changing. Not sure how or why they would book a customer on a course before explaining the dates and location, and need for time off work.

From my side of it, they just didn't listen to me when I said I couldn't afford to do it etc. Instead kept trying to find ways to help me afford it, telling me to sell things, finding me a special discount here and there, and ultimately offering to place it on an account (which I do very much appreciate, but I can't afford to be in debt over this).

I should say this is a leisure course, nothing to do with my work.

Really really do appreciate the input on this post guys, thankyou.

ArbitraryRandom

I would suggest stopping casual conversations about it and putting something in writing. 

Only you can judge how important this relationship is to you (if you can complete your course when you're ready somewhere else) - so you might want to take a different approach, but this is the outline of what I would write: 

Dear (Centre manager or person you've been talking to), 

I am writing to dispute the cancellation fee associated with the (course name) which was scheduled by your centre for (date). As brief summary: 

- On (date) I expressed interest in (course name) verbally, but at no point did I formally commit to enrolment.
- Over the next several months, you attempted to arrange the course multiple times without providing concrete details, such as dates, duration, or location.
- The first time I was informed a date and location had been selected was when these details came with an invoice on January 13, 2024.
- At this time I learned the course was located outside the area (in a different region?) and would require a 7-day commitment that I would be unable to accommodate at such short notice.
- As such, I promptly communicated on (date) I would not be able to attend and declined a proposed finance option.

Now, I am informed of a 90% cancellation fee from the trainer, totalling over £1000, and your intention to pass this fee onto me. Furthermore, you are threatening legal action for non-payment of the invoice.

I would like to emphasise the following points: 

1. I was never provided with clear information regarding the course details, including dates, duration, and location, during any informal conversations about my interest in this course; 
2. The financial and logistical constraints, including the location and duration of the course, were not disclosed until after I received the invoice;
3. As such, the verbal communication about potential February dates did not constitute a confirmation or commitment on my part; 
4. If you are asserting that the initial conversation in which I expressed my interest in the course constituted a binding contract, you failed to provide me with any clear information about the terms of the contract, including the main characteristics of the service (in this case the date and location), the total price, and my cancellation rights/any costs that I may be liable for on cancellation, as required by the Consumer Contracts Regulations 2013 for on-premisis agreement.  

In summary, I do not believe I hold any liability for any cancelation costs that may be due as a result of you booking the trainer before confirming sufficient students were available to attend. 

Kind Regards, 

(Grumpy person who did not get enough sleep last night)

Again, that is what I would write - I suggest someone like @the_lunatic_in_the_attic have a look at it to correct any mistakes I've made re the regs (and maybe chip in on if to leave point 4 out entirely?)  

Olinda99

or you could simply write:

 Dear sir, at no point did I commit to do this course and therefore I shall not be paying your invoice. kind regards

Then ignore all further communications

The worst that can happen is that they take you to court at which point you can put your side of the story to the judge and the judge will decide.

ArbitraryRandom

Olinda99 said:

or you could simply write:

 Dear sir, at no point did I commit to do this course and therefore I shall not be paying your invoice. kind regards

Maybe - but my concern is they're threatening legal action and at the moment there's nothing documenting the timeline in writing; Call me a paper pusher, but in my experience it's the best way to show the other side you have all your ducks in a row and know your rights... much less likely to end up in a he said/she said that way   

Sauropod8

Thanks ArbitraryRandom and Olinda99! 
Yes at this point I think the relationship is gone. (The cancellation fee was sent via email yesterday with an accompanying text saying "Happy Friday"). Thanks so much for the input and your recommended letters. 

Do you think at this point then that I have a case, should they pursue it further? 

ArbitraryRandom

Allowing we only have your account/best recollection to go on, definitely.

From what you've said, you had no direct communication with the trainer - so you can't have a contract with the trainer. 

That means if the centre want to pass the cost from the trainer on to you, they have to prove you entered into a contract with them that explicitly allows them to do so... 

If you wanted to repair the relationship then you could maybe negotiate some part payment due to 'miscommunication', but TBH if you can do this course elsewhere/with a more professional outfit and at the right time for you then it seems a no brainer to just firmly reject and leave the ball in their court. 

Sauropod8

Agreed and I appreciate you do only have my account on here.
The tone of the training centre's last emails have been essentially saying that I did agree to dates and knew the cost, but I am genuinely confused as to when either of these were told to me with any certainty. For something of this value, I would expect a booking confirmation, including dates and location etc which I definitely have never received. So the other side of the argument from the centre would be that I have verbally agreed 🤷‍♀️
Thanks again for your replies!