Going to court

[salpea77]

I have been in the process of trying to claim back money for a beauty course which I believe I was mis-sold.* Now it's going to court in April and I'm worried as I've had no legal help.* If I lose will I end up paying more than the original £70.00 fee?*

[des8]

Possibly, but they might not turn up/you might win.
Presumably it has been allocated to small claims track in which case if you lose the costs the defendants*can claim are limited.

Do you think you will lose?

[salpea77]

I don't know.* It could go either way??* How much can they claim back?

[des8]

How far down the process have you gone?
If you have a hearing date presumably it has been allocated to a particular track. Please say which.

[salpea77]

Latest letter

[des8]

So the defendants have made application to court.
Was this to strike out your claim?

You'll have to give a lot more info if you want help

[salpea77]

Sorry I have been unwell. So I instigated court proceedings and the companies solicitors responded and made an application to strike out the claim that was in November of last year. I sent all copies of my evidence etc to the court and then I got the notice of hearing which is on April. I have also found out the director of the company who has been representing the company has since resigned in January so I’m not sure what happens then as I only found this out by going on companies house. Should I have sent copies of my documents, evidence etc to their solicitors too?

[des8]

Sorry to hear you have been unwell, but trust you are now recovered.
What was your claim?
Did you pay for the course upfront or on finance?
How much is your claim and who are you suing?
Did the defendants enter a defence?
What reason has been given for the strike out application?

[salpea77]

I put a claim in as the course provider told me I’d be able to do and use the qualification despite having no beauty industry background, they said I’d be fine. I found out I’d need a license from the local authority to use my qualification and also need suitable premises. *I intended to be mobile. * I found this out after I’d *paid in full via bank transfer and started the course. However the course provider said I’d be able to hire a room from them but this didn’t happen as they had no hot water when the licensing team from the council came to see their premises and despite telling me they’d fix it they never did. *I have email evidence of all of this. *So basically I’ve paid £1800 for a qualification I cannot use. They neglected to tell me about the license or premises before I signed up. I am claiming back £1500 as I’ve kept the basic equipment provided. *I wrote to them asking for my money back but they refused so I put in a small claim via money claims online and I got a n application notice from their solicitors and application to strike claim out due to no reasonable grounds to bring the claim. The witness statement enclosed with this was filled in by a director who has now resigned.*

[des8]

You might have problems, because at the end of the day you have a qualification which you can use when you find suitable premises.
I doubt that a court will find it necessary for a course provider to detail the other steps you need to take to set up your own business.
After all you could be looking for the qualification to enable you progress a career with an existing business employer.*

Your only claim seems to be that the room the course providers said you could rent is not suitable, and even that is doubtful.
Have you any evidence that you have tried* to find suitable other premises, but none are available?

[salpea77]

Surely in the course outline and email
correspondence prior to signing up*should have at least mentioned the license? I didn’t look for other premises having been told they’d be a room there. The course wasn’t very professionally run.*

[salpea77]

And how about the director resigning? Where does that leave things?*

[des8]

Well I don't know what the course covered so cannot say whether or or not a beauty course covers business set up advice.
What did the prospectus cover?

There is no reason for the*director who has since resigned not to attend as a witness

[salpea77]

It was for semi permanent make up. Do I need to forward my documents to their solicitors? If I lose would I end up paying more than the initial £70?

[des8]

If you lose there could be a consequential order for a costs award against you.

What documents are you intending to serve on the defendants solicitors?
Your statement of case (your claim) is being challenged as the defendant asserts it has no merit as it does not show any reasonable grounds to bring a claim.
It should have set out the facts of your case, detailing its merits* and its legal basis. Did it?