Small claims against training provider

KennaGQ

Hi all,

I would like some feedback on whether going through small claims would be viable in my situation. 

I was supposed to be recommencing a bricklaying course for 5 weeks soon at the start of June. The training provider has recently communicated in email that they "won’t be running any courses for the foreseeable future due to the lack of demand for these courses, we are now looking at downsizing from next month to just 1-day NVQ assessments for those with experience. Understandably the course you have booked with us will no longer be running".

I was supposed to have completed this course at the beginning of February this year but only managed to complete 1 week out of the 6 weeks due to developing a severe pain in my foot which meant I was hobbling around on one leg for a couple of days. The training provider sent me home but confirmed in email that "there will not be any extra costs to amend you to one of the summer courses. As advised, failure to attend this next course for any reason will result in you having to rebook again at the full course price."

I have doctors records and appointments that I attended to immediately after being sent home.

The training provider in question is now refusing to issue a refund of around £3000 stating they have said "failure to attend this next course for any reason will result in you having to rebook again at the full course price."

I have acknowledgement that they were happy to reschedule my course dates to a later date without incurring any further costs but no record of them advising me to go home and see a doctor and get rest to recover. 

They are still trading as a Ltd company on companies house website. 

Any advice?

Okell

Can you clarify please?

Is the only reason that you are unable to attend the "next course" because they are no longer providing it?

Or did you miss the next course for some other reason?

It's not clear to me.

tacpot12

I think you will struggle if the contract doesn't give the right to a refund if you can't attend the course for reasons beyond your control. This is one of the risks with pre-paying for a course. 

If you have any home insurance, check to see if you have legal expenses cover, and if you do, call the legal helpline offered by the insurer. 

If you don't have this gover, you could ask a solicitor to review the contract to check what cancellation rights you had, but they will charge. I'd expect the cost to be £400-500 for a contract review. 

Your other option is to suggest to them that you will sue them in Small Claims court, but will attend mediation or settle for £1000. They might consider that this is a fair price to get you off their backs.  

KennaGQ

Okell said:

Can you clarify please?

Is the only reason that you are unable to attend the "next course" because they are no longer providing it?

Or did you miss the next course for some other reason?

It's not clear to me.

Yes. They have discontinuing the course from begining of this month May so no longer running the course. My course start was supposed to be 2nd June. 

Alderbank

Are you a recreational bricklayer (for example, Winston Churchill's job was prime minister but he was a 'recreational bricklayer' at his country house Chartwell) or would this course be to do with your trade or profession?

It makes a difference to your consumer rights.

DullGreyGuy

KennaGQ said:

I would like some feedback on whether going through small claims would be viable in my situation. 

I was supposed to be recommencing a bricklaying course for 5 weeks soon at the start of June. The training provider has recently communicated in email that they "won’t be running any courses for the foreseeable future due to the lack of demand for these courses, we are now looking at downsizing from next month to just 1-day NVQ assessments for those with experience. Understandably the course you have booked with us will no longer be running".

I was supposed to have completed this course at the beginning of February this year but only managed to complete 1 week out of the 6 weeks due to developing a severe pain in my foot which meant I was hobbling around on one leg for a couple of days. The training provider sent me home but confirmed in email that "there will not be any extra costs to amend you to one of the summer courses. As advised, failure to attend this next course for any reason will result in you having to rebook again at the full course price."

I have doctors records and appointments that I attended to immediately after being sent home.

The training provider in question is now refusing to issue a refund of around £3000 stating they have said "failure to attend this next course for any reason will result in you having to rebook again at the full course price."

I have acknowledgement that they were happy to reschedule my course dates to a later date without incurring any further costs but no record of them advising me to go home and see a doctor and get rest to recover. 

They are still trading as a Ltd company on companies house website. 

Any advice?

What did the contract state would happen if you were became ill during the course and was unable to complete it? 

It doesnt sound that you are alleging they caused your medical problem and they have probably gone beyond their requirements by offering you to repeat the course at no additional cost. As such your prospects are poor in any litigation as they never offered a refund and clearly being one week into the course they wouldnt have been able to "resell" your seat. 

Without having actually read the contract it feels you are in a weak position and you are more likely to get a better outcome through negotiation with them than the courts. 

The question on if you were doing this for fun or for potential work is an interesting one and could have some baring but I doubt you having consumer rights is going to help you in these circumstances. 

pinkshoes

KennaGQ said:

Hi all,

I would like some feedback on whether going through small claims would be viable in my situation. 

I was supposed to be recommencing a bricklaying course for 5 weeks soon at the start of June. The training provider has recently communicated in email that they "won’t be running any courses for the foreseeable future due to the lack of demand for these courses, we are now looking at downsizing from next month to just 1-day NVQ assessments for those with experience. Understandably the course you have booked with us will no longer be running".

I was supposed to have completed this course at the beginning of February this year but only managed to complete 1 week out of the 6 weeks due to developing a severe pain in my foot which meant I was hobbling around on one leg for a couple of days. The training provider sent me home but confirmed in email that "there will not be any extra costs to amend you to one of the summer courses. As advised, failure to attend this next course for any reason will result in you having to rebook again at the full course price."

I have doctors records and appointments that I attended to immediately after being sent home.

The training provider in question is now refusing to issue a refund of around £3000 stating they have said "failure to attend this next course for any reason will result in you having to rebook again at the full course price."

I have acknowledgement that they were happy to reschedule my course dates to a later date without incurring any further costs but no record of them advising me to go home and see a doctor and get rest to recover. 

They are still trading as a Ltd company on companies house website. 

Any advice?

So it was 6 full weeks, you had pain in your foot after week 1 and they sent you home?  Did the pain continue for the full remaining 5 weeks, and can your doctors notes confirm that? Was there no possibility that you could have come back for weeks 3,4,5 and 6?

Regardless of that, you have an email from them stating that you can move free of charge to their next course, which you did.

I would be writing to them stating that you started your course in February, but due to a medical issue (see doctors note) they sent you home, and they put in writing that you could complete the course for no additional charge in the summer. As they have now informed you that the course will not be running again, could they either refund the sum of £2500 (for the remaining 5 weeks of the course that you will not be able to attend), run the course in June as previously planned, or arrange for you to do the course at another location.

As it seemed to be their suggestion that you complete the course at a later date, then they need to refund or provide the service.

I imagine should you have known at the time there would be no other courses running, you would have perhaps tried to continue with the course despite the pain?!

KennaGQ

Alderbank said:

Are you a recreational bricklayer (for example, Winston Churchill's job was prime minister but he was a 'recreational bricklayer' at his country house Chartwell) or would this course be to do with your trade or profession?

It makes a difference to your consumer rights.

I was planning to do the course to get a profession out of it as a self employed bricklayer.

KennaGQ

pinkshoes said:

KennaGQ said:

Hi all,

I would like some feedback on whether going through small claims would be viable in my situation. 

I was supposed to be recommencing a bricklaying course for 5 weeks soon at the start of June. The training provider has recently communicated in email that they "won’t be running any courses for the foreseeable future due to the lack of demand for these courses, we are now looking at downsizing from next month to just 1-day NVQ assessments for those with experience. Understandably the course you have booked with us will no longer be running".

I was supposed to have completed this course at the beginning of February this year but only managed to complete 1 week out of the 6 weeks due to developing a severe pain in my foot which meant I was hobbling around on one leg for a couple of days. The training provider sent me home but confirmed in email that "there will not be any extra costs to amend you to one of the summer courses. As advised, failure to attend this next course for any reason will result in you having to rebook again at the full course price."

I have doctors records and appointments that I attended to immediately after being sent home.

The training provider in question is now refusing to issue a refund of around £3000 stating they have said "failure to attend this next course for any reason will result in you having to rebook again at the full course price."

I have acknowledgement that they were happy to reschedule my course dates to a later date without incurring any further costs but no record of them advising me to go home and see a doctor and get rest to recover. 

They are still trading as a Ltd company on companies house website. 

Any advice?

So it was 6 full weeks, you had pain in your foot after week 1 and they sent you home?  Did the pain continue for the full remaining 5 weeks, and can your doctors notes confirm that? Was there no possibility that you could have come back for weeks 3,4,5 and 6?

Regardless of that, you have an email from them stating that you can move free of charge to their next course, which you did.

I would be writing to them stating that you started your course in February, but due to a medical issue (see doctors note) they sent you home, and they put in writing that you could complete the course for no additional charge in the summer. As they have now informed you that the course will not be running again, could they either refund the sum of £2500 (for the remaining 5 weeks of the course that you will not be able to attend), run the course in June as previously planned, or arrange for you to do the course at another location.

As it seemed to be their suggestion that you complete the course at a later date, then they need to refund or provide the service.

I imagine should you have known at the time there would be no other courses running, you would have perhaps tried to continue with the course despite the pain?!

The pain continued for another 3-4 weeks at which point I would have missed the majority of the training course. I was also waiting for blood test results and doctor's appointments in that time. 

Yes I would have completed the course through the pain if I had known this was going to happen.

They are refusing to give a refund citing 'no money left' and they are 'ceasing trading' even though they are not and they are only downsizing the courses being offered.

KennaGQ

DullGreyGuy said:

KennaGQ said:

I would like some feedback on whether going through small claims would be viable in my situation. 

I was supposed to be recommencing a bricklaying course for 5 weeks soon at the start of June. The training provider has recently communicated in email that they "won’t be running any courses for the foreseeable future due to the lack of demand for these courses, we are now looking at downsizing from next month to just 1-day NVQ assessments for those with experience. Understandably the course you have booked with us will no longer be running".

I was supposed to have completed this course at the beginning of February this year but only managed to complete 1 week out of the 6 weeks due to developing a severe pain in my foot which meant I was hobbling around on one leg for a couple of days. The training provider sent me home but confirmed in email that "there will not be any extra costs to amend you to one of the summer courses. As advised, failure to attend this next course for any reason will result in you having to rebook again at the full course price."

I have doctors records and appointments that I attended to immediately after being sent home.

The training provider in question is now refusing to issue a refund of around £3000 stating they have said "failure to attend this next course for any reason will result in you having to rebook again at the full course price."

I have acknowledgement that they were happy to reschedule my course dates to a later date without incurring any further costs but no record of them advising me to go home and see a doctor and get rest to recover. 

They are still trading as a Ltd company on companies house website. 

Any advice?

What did the contract state would happen if you were became ill during the course and was unable to complete it? 

It doesnt sound that you are alleging they caused your medical problem and they have probably gone beyond their requirements by offering you to repeat the course at no additional cost. As such your prospects are poor in any litigation as they never offered a refund and clearly being one week into the course they wouldnt have been able to "resell" your seat. 

Without having actually read the contract it feels you are in a weak position and you are more likely to get a better outcome through negotiation with them than the courts. 

The question on if you were doing this for fun or for potential work is an interesting one and could have some baring but I doubt you having consumer rights is going to help you in these circumstances. 

There doesn't seem to mention anything about students being medically ill on their terms and conditions