Do I have to go on paying?

[des8]

james_law can you tell us on what you base your opinion that the alleged debt is "not disproportionately high."

i have only indicated where protection for katxholiday might lie.
i do not know enough about the overall situation to suggest whether or not it is likely to prove a successful defence

[Matty B]

It seems to me the contract is very vague about exactly what is covered.

I would also think it may depend on just how many workshops and training sessions you actually attended.

With regard to uni students, I believe if they leave within a short time of starting their course the institution waived the full years fees

problem is, a lawyer will cost a lot of money but a keyboard lawyer can be even more dangerous

[des8]

Any court claim will be allocated to small claims track, where costs are very limited.
The way forward is to discuss (on paper) with the possible claimant to see if a compromise acceptable to both sides can be found.
If not, and if they proceed to court enter a defence

[katxholiday]

Hello Martty B and DES8, thanks a bunch for your advice! I'm very happy that there are people here who care about other's.
I'm not really in the situation to pay a lots of money to a lawyer.

Yes I also think the contract is very vague. I only attended 2 workshops. The training started end of September and there are only workshops every 6-12 weeks. The last workshop was last weekend but I didn't go. There are 8 training workshops in total.

I think the contract is too vague. Plus I can't use their service anymore due to having to look after a child. The money they want me to pay is disproportionately expensive as well. And I don't understand why one former member could drop out without paying additional fees and I have to pay over £1.500. Sounds unfair to me.

[des8]

The fact that another student did not have to pay, is of no consequence.
Do you know how the figure of £1500 was calculated?

[katxholiday]

Thanks DES8, I'll keep that in mind. I hope the case will not go to court though but if, I'll try to defend my position

[katxholiday]

But can't the equality act can be used here?

They have written me the following via email:

Payment plan
Annual fee: £2250
Paid to date (24/01/19): £564
Fees owing: £1686
Monthly payment Feb-Aug: £240.86
If your circumstances mean you cannot meet this monthly payment, please contact us to discuss your payment plan.

[des8]

Kati just realised katxholiday has two threads on same subject
Could you merge them please
Other thread here: https://legalbeagles.info/forums/for...o-go-on-paying

[james_law]

It seems to me the contract is very vague about exactly what is covered.

I would also think it may depend on just how many workshops and training sessions you actually attended.

With regard to uni students, I believe if they leave within a short time of starting their course the institution waived the full years fees

problem is, a lawyer will cost a lot of money but a keyboard lawyer can be even more dangerous

I can confirm, from experience too, that if you attend one day at university you will be liable to pay for the full years tuition. I know numerous students who attended their first day/week and student finance England continue to pay their tution fees as they were under contractual obligation to do so.

In regards to des's comment
https://www.ofcom.org.uk/__data/asse...tober_2015.pdf
There was a case i found but i can not seem to find it again nor remember the full name of it.

There is one point in which i personally think would be used by the company is that the course has started some months ago and the company can not fill this with another person to mitigate their losses.

[ULA]

des8 threads merged.

[katxholiday]

Hello James, it is a rolling on course, students can join also later. There are lots of free capacities available.

[james_law]

If it is a rolling course then that would potentially make the termination fee disproportionately high, as they could mitigate theirs losses by taking on other students.

Just one pointer as previously stated is the fact you willingly and freely entered into this contract to provide a service for you, knowing that by undertaking one class you would be pursued for the full amount owed (year fee) if you wanted to end this agreement.

I would as again previously said, take the issue to the course provider and try to come to some mutual agreement. If failing to reach an agreement that suits both parties, I would seek some independent legal advice. Most solicitors provide a free 30 minute consultation.

Please do keep us posted on how you get on.

[katxholiday]

Hello, the first part of your response is really informative, thanks!
Yes I will see how things go.

[katxholiday]

I just received a response from a solicitor. I asked him what his thoughts were.
"It is difficult to advise you without seeing the whole of the agreement because the extract provided deals with the situation where you are financially unable to make the payments.

Even if you are liable to continue the payments under the agreement the Institute may only be entitled to recover their actual loss arising from your non payment if this is less than the total amount of the outstanding payments."

[CLL1]

Whether it was freely entered into or not makes no difference under the Consumer Rights Act 2015; if the term is unfair, it is not binding (s.62(1) Consumer Rights Act 2015). Should this go to court, then the court must consider whether, in the circumstances, such terms (whether relied upon in that legal action or not) are unfair (s.71(2) Consumer Rights Act 2015).

So, what is an unfair term? Part 1 of Schedule 2 gives you an idea of what may be considered as unfair and thus, not binding. I would encourage you to have a read of that section - in particular, ss.5&6. I am of the opinion that the term could be unfair.