A training company took a deposit and says it is non-refundable

GinaGrey

A business training company has talked me into paying a £1000 deposit for a training. The date was supposed to be the end of March, beginning of April this year and I was available on those dates - the sales person knew about it. I also told the sales person then why I am not available on other dates (I am a wedding photographer so my Saturdays are booked and I was very clear about it).

Then they changed the date to the end of April and I'm not available on this date because of a wedding I'm photographing and the sales person knew about it. They said that there is another date available in May and asked me to penci it in.

Now they got back to me saying that the April date is the only date available and that there won't be a training in May - and that the deposit is non-refundable. I also lost some potential wedding bookings for May because I was told to hold the May date for the training.

What are my rights in this case?

Thanks

visidigi

You need to check your terms and conditions of the agreement you (physically or verbally) signed as this is a B2B not B2C contract so consumer rights don't apply.

Grumpy_chap

Is the training associated with your work as a photographer, or some entirely unrelated subject?

If it is (even vaguely) related to your work, then it is a B2B matter and consumer rights do not apply. This could even be something at the margins such as marketing skills, events management, etc. all would sound like business training.

If it is entirely unrelated, for example HYROX training, then it is a consumer matter and consumer rights apply.

visidigi

https://forums.moneysavingexpert.com/discussion/comment/81858152#Comment_81858152

Given the first line of the OP's post…its business training

Alderbank

Can we assume that you have a written contract with Big Business to deliver a training course between specific dates in March/April this year?

Big Business are now seeking to break that contract by not fulfilling their side of the contract.

Tell them about the losses you have incurred by turning down wedding business during that period which you are now too late to recoup, and you are minded to sue them in the county court for your losses caused by their breach of contract.

Offer to settle the matter out of court if they agree to unwind the contract and return any money they have received.

born_again

https://forums.moneysavingexpert.com/discussion/6652549/a-training-company-took-a-deposit-and-says-it-is-non-refundable

Sounds like B2B, rather than consumer issue.

https://www.bigbusinessentrepreneurs.com/

Did the Op not read the T/C of agreement on cancelation.

7 Charges and payment

7.1 In consideration for the provision of the Services, the Client shall pay the Supplier the Charges in accordance with this 7. 

7.2 All sums payable by the Client exclude amounts in respect of value added tax (“VAT”). 

7.3 The Supplier shall invoice the Client for the Charges at the intervals specified in the Contract Details. 

7.4 For the avoidance of doubt, the Supplier operates a non-refund policy. Any transfer, credit or financial adjustment is strictly subject to Clause 11 (Cancellation, Non-Refundability and Alternative Accommodations) and shall not constitute or be construed as a refund.

7.5 The Client shall pay each invoice submitted to it by the Supplier within 30 days of the invoice date to a bank account nominated in writing by the Supplier.

7.6 Without prejudice to any other right or remedy available to the Supplier under this Contract or Applicable Laws, in the event that the Client fails to pay any instalment by its due date, the Supplier reserves the right to declare the entire outstanding balance of the total Charges immediately due and payable.

7.7 The Client will be responsible for all costs incurred by the Supplier in the recovery of any outstanding balance, including the employment of a debt collection agency and all potential legal costs. Debt collection charges will be levied against the value of the outstanding debt.

7.8 Without prejudice to any other right or remedy that the Supplier may have, if the Client fails to pay any sum due to the Supplier under the Contract by the due date:

7.8.1 the Client shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgment. Interest under this clause will accrue each day at 4% a year above the Bank of England's base rate from time to time, but at 4% a year for any period when that base rate is below 0%; and

7.8.2 the Supplier may suspend all or part of the Services until payment has been made in full. Such suspension shall not relieve the Client of its obligation to pay the outstanding Charges.

7.9 All amounts due under the Contract from the Client to the Supplier shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). 

Ergates

https://forums.moneysavingexpert.com/discussion/6652549/a-training-company-took-a-deposit-and-says-it-is-non-refundable

Whilst the sales rep knew of the dates you were available, did the date of the course form part of the contract?

DeathByFluffy

This would be more suitable on a board oriented to small businesses - you're not a consumer, so it's not a consumer rights issue.

First thing to do would be to have a good dig through your contract and see what is said about this scenario.