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

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  • 09-08-2017 7:12pm
    #1
    Floodzie
    Registered Users Posts: 195 ✭✭


    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.


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    #2
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭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.


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    #3
    Vic_08
    Registered Users Posts: 3,041 ✭✭✭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.


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    #4
    MOH
    Registered Users Posts: 6,464 ✭✭✭MOH


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


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    #5
    CeilingFly
    Closed Accounts Posts: 3,378 ✭✭✭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.


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    #6
    MOH
    Registered Users Posts: 6,464 ✭✭✭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.


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    #7
    CeilingFly
    Closed Accounts Posts: 3,378 ✭✭✭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.


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    #8
    Lux23
    Registered Users Posts: 7,134 ✭✭✭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?


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    #9
    ct5amr2ig1nfhp
    Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


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


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    #10
    JimsAlterEgo
    Registered Users Posts: 1,917 ✭✭✭JimsAlterEgo


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


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    #11
    ash23
    Closed Accounts Posts: 4,791 ✭✭✭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.


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