Advice Needed Please

[little_miss_]

Hi all,

I am looking for advice on what i should next.....

I took on a distance learning course back in january this year with a paymemnt plan option, in June due to increased work commitments and extensive travelling, i wrote to the company asking for the course to be cancelled, I recieved a response saying sorry can't cancel as you are outwith cancellation period and our discretionary waiver only applies if you are deemed medically unfit to continue course by a doctor.

With some internet research, i phoned the company and asked for a copy of my signed enrolment form which included the terms and conditions and the credit agreement which should have been signed. I was informed that they did not have the paperwork as they said i did not return the forms. I then wrote to them stating that if they could not provide the paperwork then i would cancel my next payment ( i pay £125 per month, due to end in december) and also asked again for the course to be cancelled due to no paperwork.

The reply i got was basically the same, stating that i was not able to cancel and as i accepted the materials and did not cancel within the requisite period, they view this as implied acceptance of t & c's.

My questions are ( apologies for the long windedness of this post)

: If they did not have the paperwork signed by me should they have made contact to get me to sign something, (I was unaware that paperwork was missing)

: without my signature were they still legally allowed to take the payments

: Do i have a case to ask for the agreement to be made null and void and ask for a refund

I should also point out that i have no paper work detailing t & c or cancellation policy, the only thing i recieved was a breakdown of payments. I have not used the materials or attended any of the workshops etc

Thanks for reading and any advice most appreciated,

[Guest]

Re: Advice Needed Please

Since you did not cancel the course for six months and have made payments for that period, I think you are going to have to accept that you have a contract with them. The lack of paperwork is not really going to help you here.

You have taken on a subscription service and paid for half of it. I appreciate that your work and travel commitments have now made it difficult for you to continue, but that is your problem, not theirs.

You may be able to reach a negotiated settlement with them regarding the return of unused materials, but to be perfectly frank with you, I would not hold out much hope.

[little_miss_]

Re: Advice Needed Please

Hi cetelco, thanks for your response,

I had a feeling that might be the case, i appreciate that i have nearly paid for the course now but without the signed CCA can they enforce the rest of the payments?

I shall write and ask them to consider a negiotation settletment, if i do this should i continue with the payments?

thanks in advance