Trying to get a refund - but terms and conditions only sent after payment

Floodzie

Hi - I recently paid for a course but the course itself wasn't suited to me (I have a medical condition that requires some extra assistance). I have asked for a refund, proportionate to the amount of the course I have remaining (75%). The course administrators tell me that I am not entitled to a refund, as it was stated in the terms and conditions. However - the T&Cs were only sent to me AFTER payment (I can prove this as all correspondence was via e-mail). Is it possible I could get a refund? Is this something I can take to the small claims court? Thanks in advance.

davo10

You have completed 25% of the course, surely its suitability was apparent sooner than that. The course provider is probably arguing that another applicant could have taken up your place, but if there isn't a refund policy then you should have assumed there wasn't one as there is no legal requirement to refund a course you are already a significant part way through.

Caveat emptor. If the course is being provided, it's not their fault you can't complete it.

Vic_08

If you informed them of your special needs before signing up and they agreed to provide the extra requirements which they are now not providing then you have a case for a refund. Otherwise I would agree with the previous post.

MOH

If the T+Cs weren't available before purchase, the providers sound a bit dodgy.

CeilingFly

It a change of mind issue, so no refund would be due whether terms and conditions were provided or not.

Only if the course was different what was promised would you have a case. In any otehr situation it would purely be a goodwill gesture.

So SCC would find against you.

MOH

CeilingFly wrote: »

It a change of mind issue, so no refund would be due whether terms and conditions were provided or not.

A change of mind might well be allowed under the T+Cs, which you would have no way of knowing if the T+Cs weren't provided before the purchase.

CeilingFly

MOH wrote: »

A change of mind might well be allowed under the T+Cs, which you would have no way of knowing if the T+Cs weren't provided before the purchase.

but that would be in addition to your stautory rights. If t&c were not goven or were not easily obtainable in case of online booking, then statutory rules would probably apply.

Change of mind does not give any statutory right to a refund so OP has to try and plead their case and hope for goodwill.

Lux23

You should have received the terms and conditions before you paid for the course, but I am not sure if consumer law necessarily applies to Colleges. Do you know if it's an undertaking?

ct5amr2ig1nfhp

In cases, certain colleges may offer you credit towards payment of another course. This may be of benefit to you.

JimsAlterEgo

with no T&Cs provided at sale I would imagine legally consumer law applies and its clear on change of mind

ash23

Are the t&c's available online? Did you have a cooling off period after purchase where you would have read the t&c's and if there was anything you objected to, you could have cancelled then?

If so then I think it's fairly standard that t&c's are issued after payment.